3.4 Fairness

The principle of fairness refers to the protection of rights and integrity against discrimination, especially discrimination of particularly sensitive categorie.(for example, persons with disabilities). The term itself due to its versatility, it has different interpretations in numerous spheres of social life. For example, in health care, the principle of fairness implies the prohibition of discrimination based on race, sex, gender, sexual orientation and gender identity, age, nationality, social origin, religion, political or other conviction, financial status, culture, language, health status, type of illness, mental or physical disabilty, as well as other personal characteristics that maybe the cause of discrimination. Likewise, artificial intelligence systems must prevent discrimination when in use. The principle of fairness has its real (eng. substantive) and procedural dimension. The real dimension includes protection against unjustified bias, discrimination and stigmatization. Artificial intelligencesystems should provide equal opportunities to all persons, both in terms of access to education, goodsand services and technologies, as well as to prevent deception of persons using artificial intelligencesystems, when making decisions. The procedural dimension of fairness includes the ability to challenge and include effective legal protection against decisions resulting from the operation of the Artificial Intelligence System As well as persons responsible for the operation of the System. In order to fulfill this condition, it is necessary that they exist clearly defined responsibilities, as well as for the decision making process to be explained, clear andtransparent. This reduces the possibility of misunderstanding or incomplete understanding of the purpose and goals of using these systems, that is, the potential denial of freedom of choice when choosing the system to use. The fair use of Artificial lnteligence Systems can lead to an increase in fairness in society as a whole, as well as to a reduction of the differences that exist between individuals in terms of social, economic and educational status
Principle: ETHICAL GUIDELINES FOR THE DEVELOPMENT, APPLICATION AND USE OF RELIABLE AND RESPONSIBLE ARTIFICIAL INTELLIGENCE, Febrary, 2023

Published by Republic of Serbia

Related Principles

V. Diversity, non discrimination and fairness

Data sets used by AI systems (both for training and operation) may suffer from the inclusion of inadvertent historic bias, incompleteness and bad governance models. The continuation of such biases could lead to (in)direct discrimination. Harm can also result from the intentional exploitation of (consumer) biases or by engaging in unfair competition. Moreover, the way in which AI systems are developed (e.g. the way in which the programming code of an algorithm is written) may also suffer from bias. Such concerns should be tackled from the beginning of the system’ development. Establishing diverse design teams and setting up mechanisms ensuring participation, in particular of citizens, in AI development can also help to address these concerns. It is advisable to consult stakeholders who may directly or indirectly be affected by the system throughout its life cycle. AI systems should consider the whole range of human abilities, skills and requirements, and ensure accessibility through a universal design approach to strive to achieve equal access for persons with disabilities.

Published by European Commission in Key requirements for trustworthy AI, Apr 8, 2019

PREAMBLE

For the first time in human history, it is possible to create autonomous systems capable of performing complex tasks of which natural intelligence alone was thought capable: processing large quantities of information, calculating and predicting, learning and adapting responses to changing situations, and recognizing and classifying objects. Given the immaterial nature of these tasks, and by analogy with human intelligence, we designate these wide ranging systems under the general name of artificial intelligence. Artificial intelligence constitutes a major form of scientific and technological progress, which can generate considerable social benefits by improving living conditions and health, facilitating justice, creating wealth, bolstering public safety, and mitigating the impact of human activities on the environment and the climate. Intelligent machines are not limited to performing better calculations than human beings; they can also interact with sentient beings, keep them company and take care of them. However, the development of artificial intelligence does pose major ethical challenges and social risks. Indeed, intelligent machines can restrict the choices of individuals and groups, lower living standards, disrupt the organization of labor and the job market, influence politics, clash with fundamental rights, exacerbate social and economic inequalities, and affect ecosystems, the climate and the environment. Although scientific progress, and living in a society, always carry a risk, it is up to the citizens to determine the moral and political ends that give meaning to the risks encountered in an uncertain world. The lower the risks of its deployment, the greater the benefits of artificial intelligence will be. The first danger of artificial intelligence development consists in giving the illusion that we can master the future through calculations. Reducing society to a series of numbers and ruling it through algorithmic procedures is an old pipe dream that still drives human ambitions. But when it comes to human affairs, tomorrow rarely resembles today, and numbers cannot determine what has moral value, nor what is socially desirable. The principles of the current declaration are like points on a moral compass that will help guide the development of artificial intelligence towards morally and socially desirable ends. They also offer an ethical framework that promotes internationally recognized human rights in the fields affected by the rollout of artificial intelligence. Taken as a whole, the principles articulated lay the foundation for cultivating social trust towards artificially intelligent systems. The principles of the current declaration rest on the common belief that human beings seek to grow as social beings endowed with sensations, thoughts and feelings, and strive to fulfill their potential by freely exercising their emotional, moral and intellectual capacities. It is incumbent on the various public and private stakeholders and policymakers at the local, national and international level to ensure that the development and deployment of artificial intelligence are compatible with the protection of fundamental human capacities and goals, and contribute toward their fuller realization. With this goal in mind, one must interpret the proposed principles in a coherent manner, while taking into account the specific social, cultural, political and legal contexts of their application.

Published by University of Montreal in The Montreal Declaration for a Responsible Development of Artificial Intelligence, Dec 4, 2018

· 1. THE MAIN PRIORITY OF THE DEVELOPMENT OF AI TECHNOLOGIES IS PROTECTING THE INTERESTS AND RIGHTS OF HUMAN BEINGS COLLECTIVELY AND AS INDIVIDUALS

1.1. Human centered and humanistic approach. In the development of AI technologies, the rights and freedoms of the individual should be given the greatest value. AI technologies developed by AI Actors should promote or not hinder the realization of humans’ capabilities to achieve harmony in social, economic and spiritual spheres, as well as in the highest self fulfillment of human beings. They should take into account key values such as the preservation and development of human cognitive abilities and creative potential; the preservation of moral, spiritual and cultural values; the promotion of cultural and linguistic diversity and identity; and the preservation of traditions and the foundations of nations, peoples and ethnic and social groups. A human centered and humanistic approach is the basic ethical principle and central criterion for assessing the ethical behavior of AI Actors, which are listed in the section 2 of this Code. 1.2. Respect for human autonomy and freedom of will. AI Actors should take all necessary measures to preserve the autonomy and free will of a human‘s decision making ability, the right to choose, and, in general, the intellectual abilities of a human as an intrinsic value and a system forming factor of modern civilization. AI Actors should, during AIS creation, assess the possible negative consequences for the development of human cognitive abilities and prevent the development of AIS that purposefully cause such consequences. 1.3. Compliance with the law. AI Actors must know and comply with the provisions of the legislation of the Russian Federation in all areas of their activities and at all stages of the creation, development and use of AI technologies, including in matters of the legal responsibility of AI Actors. 1.4. Non discrimination. To ensure fairness and non discrimination, AI Actors should take measures to verify that the algorithms, datasets and processing methods for machine learning that are used to group and or classify data concerning individuals or groups do not intentionally discriminate. AI Actors are encouraged to create and apply methods and software solutions that identify and prevent discrimination based on race, nationality, gender, political views, religious beliefs, age, social and economic status, or information about private life. (At the same time, cannot be considered as discrimination rules, which are explicitly declared by an AI Actor for functioning or the application of AIS for the different groups of users, with such factors taken into account for segmentation) 1.5. Assessment of risks and humanitarian impact. AI Actors are encouraged to assess the potential risks of using an AIS, including the social consequences for individuals, society and the state, as well as the humanitarian impact of the AIS on human rights and freedoms at different stages, including during the formation and use of datasets. AI Actors should also carry out long term monitoring of the manifestations of such risks and take into account the complexity of the behavior of AIS during risk assessment, including the relationship and the interdependence of processes in the AIS’s life cycle. For critical applications of the AIS, in special cases, it is encouraged that a risk assessment be conducted through the involvement of a neutral third party or authorized official body when to do so would not harm the performance and information security of the AIS and would ensure the protection of the intellectual property and trade secrets of the developer.

Published by AI Alliance Russia in Artificial Intelligence Code of Ethics, Oct 26, 2021

· 1. THE KEY PRIORITY OF AI TECHNOLOGIES DEVELOPMENT IS PROTECTION OF THE INTERESTS AND RIGHTS OF HUMAN BEINGS AT LARGE AND EVERY PERSON IN PARTICULAR

1.1. Human centered and humanistic approach. Human rights and freedoms and the human as such must be treated as the greatest value in the process of AI technologies development. AI technologies developed by Actors should promote or not hinder the full realization of all human capabilities to achieve harmony in social, economic and spiritual spheres, as well as the highest self fulfillment of human beings. AI Actors should regard core values such as the preservation and development of human cognitive abilities and creative potential; the preservation of moral, spiritual and cultural values; the promotion of cultural and linguistic diversity and identity; and the preservation of traditions and the foundations of nations, peoples, ethnic and social groups. A human centered and humanistic approach is the basic ethical principle and central criterion for assessing the ethical behavior of AI Actors listed in Section 2 of this Code. 1.2. Recognition of autonomy and free will of human. AI Actors should take necessary measures to preserve the autonomy and free will of human in the process of decision making, their right to choose, as well as preserve human intellectual abilities in general as an intrinsic value and a system forming factor of modern civilization. AI Actors should forecast possible negative consequences for the development of human cognitive abilities at the earliest stages of AI systems creation and refrain from the development of AI systems that purposefully cause such consequences. 1.3. Compliance with the law. AI Actors must know and comply with the provisions of the national legislation in all areas of their activities and at all stages of creation, integration and use of AI technologies, i.a. in the sphere of legal responsibility of AI Actors. 1.4. Non discrimination. To ensure fairness and non discrimination, AI Actors should take measures to verify that the algorithms, datasets and processing methods for machine learning that are used to group and or classify data that concern individuals or groups do not entail intentional discrimination. AI Actors are encouraged to create and apply methods and software solutions that identify and prevent discrimination manifestations based on race, nationality, gender, political views, religious beliefs, age, social and economic status, or information about private life (at the same time, the rules of functioning or application of AI systems for different groups of users wherein such factors are taken into account for user segmentation, which are explicitly declared by an AI Actor, cannot be defined as discrimination). 1.5. Assessment of risks and humanitarian impact. AI Actors are encouraged to: • assess the potential risks of the use of an AI system, including social consequences for individuals, society and the state, as well as the humanitarian impact of an AI system on human rights and freedoms at different stages of its life cycle, i.a. during the formation and use of datasets; • monitor the manifestations of such risks in the long term; • take into account the complexity of AI systems’ actions, including interconnection and interdependence of processes in the AI systems’ life cycle, during risk assessment. In special cases concerning critical applications of an AI system it is encouraged that risk assessment be conducted with the involvement of a neutral third party or authorized official body given that it does not harm the performance and information security of the AI system and ensures the protection of the intellectual property and trade secrets of the developer.

Published by AI Alliance Russia in AI Ethics Code (revised version), Oct 21, 2022 (unconfirmed)

· Transparency and explainability

37. The transparency and explainability of AI systems are often essential preconditions to ensure the respect, protection and promotion of human rights, fundamental freedoms and ethical principles. Transparency is necessary for relevant national and international liability regimes to work effectively. A lack of transparency could also undermine the possibility of effectively challenging decisions based on outcomes produced by AI systems and may thereby infringe the right to a fair trial and effective remedy, and limits the areas in which these systems can be legally used. 38. While efforts need to be made to increase transparency and explainability of AI systems, including those with extra territorial impact, throughout their life cycle to support democratic governance, the level of transparency and explainability should always be appropriate to the context and impact, as there may be a need to balance between transparency and explainability and other principles such as privacy, safety and security. People should be fully informed when a decision is informed by or is made on the basis of AI algorithms, including when it affects their safety or human rights, and in those circumstances should have the opportunity to request explanatory information from the relevant AI actor or public sector institutions. In addition, individuals should be able to access the reasons for a decision affecting their rights and freedoms, and have the option of making submissions to a designated staff member of the private sector company or public sector institution able to review and correct the decision. AI actors should inform users when a product or service is provided directly or with the assistance of AI systems in a proper and timely manner. 39. From a socio technical lens, greater transparency contributes to more peaceful, just, democratic and inclusive societies. It allows for public scrutiny that can decrease corruption and discrimination, and can also help detect and prevent negative impacts on human rights. Transparency aims at providing appropriate information to the respective addressees to enable their understanding and foster trust. Specific to the AI system, transparency can enable people to understand how each stage of an AI system is put in place, appropriate to the context and sensitivity of the AI system. It may also include insight into factors that affect a specific prediction or decision, and whether or not appropriate assurances (such as safety or fairness measures) are in place. In cases of serious threats of adverse human rights impacts, transparency may also require the sharing of code or datasets. 40. Explainability refers to making intelligible and providing insight into the outcome of AI systems. The explainability of AI systems also refers to the understandability of the input, output and the functioning of each algorithmic building block and how it contributes to the outcome of the systems. Thus, explainability is closely related to transparency, as outcomes and ub processes leading to outcomes should aim to be understandable and traceable, appropriate to the context. AI actors should commit to ensuring that the algorithms developed are explainable. In the case of AI applications that impact the end user in a way that is not temporary, easily reversible or otherwise low risk, it should be ensured that the meaningful explanation is provided with any decision that resulted in the action taken in order for the outcome to be considered transparent. 41. Transparency and explainability relate closely to adequate responsibility and accountability measures, as well as to the trustworthiness of AI systems.

Published by The United Nations Educational, Scientific and Cultural Organization (UNESCO) in The Recommendation on the Ethics of Artificial Intelligence, Nov 24, 2021