A/79/173 Governments and corporations within the overarching framework of the human right to privacy”. 19 24. He highlighted in the report that both the processing of data through artificial intelligence-based tools and the decision made as a result of such processing have potential risks for the data subject. Therefore, he considered it important to set forth a number of principles that should be taken into account in the planning, development and implementation of artificial intelligence-based solutions, namely: (a) jurisdiction; (b) ethical and lawful basis; (c) data fundamentals; (d) responsibility and over sight; (e) control; (f) transparency and “explainability”; (g) rights of the data subject; and (h) safeguards. 25. In a subsequent report, the Special Rapporteur referred to the principles of transparency and explainability in the processing of personal data in artificial intelligence and emphasized the importance of these principles in that context. 20 26. These principles are relevant because transparency and explainability not only help to build trust and reliability in artificial intelligence, but also contribute to the protection of human rights. These principles allow individuals affected by artific ial intelligence to be informed in a timely, comprehensive, simple and clear manner about basic issues concerning the use of their personal information in artificial intelligence processes or projects and the consequences thereof, and about the specific re asons why they have been affected. This makes it possible for them to exercise their rights, such as the right to due process and to a defence when faced with decisions made using artificial intelligence tools or technologies. 27. In the report, the Special Rapporteur indicated that artificial intelligence involved different types of risk. The contingencies that should be considered include the risks inherent in operating with algorithms (human bias, technical flaws, security vulnerabilities and failures in their implementation), in their design and in the processing of personal data. 28. The Special Rapporteur also pointed out that personal data were an input processed by algorithms to produce results. Data input can be affected mainly by bias (incorporation of partial, insufficient, outdated or manipulated data) and pertinence (relevance, inconsistency or completeness of the data). If high-quality and pertinent data are not used, the results will be erroneous. Algorithms, for their part, can be affected by patterns (programming logic bias, including unforeseen functions and inherent failures of the functions used for their codification), and errors (operating conditions that reflect a method of operation that differs from the method of operation planned and goes against the premise of the proposed design). These issues have an impact on the results obtained using artificial intelligence-based tools, which are related to the pertinence and precision of the execution of the algorithms and are a result of the analysis of the data input. 29. The following were among the conclusions drawn in the report: (a) Transparency and explainability help to build trust in artificial intelligence and to respect human rights; (b) Developers of artificial intelligence must be transparent about how data are processed (how they are collected, stored and used), and about how decisions based on artificial intelligence are made, the reliability of such decisions and the security of the information; __________________ 19 20 24-13146 Ibid., para. 1. “Principles of transparency and explainability in the processing of personal data in artificial intelligence”, report of the Special Rapporteur on the right to privacy ( A/78/310, 30 August 2023). 9/23