A/78/310
purpose of [artificial intelligence] systems openly communicated, and
decisions – to the extent possible – explainable to those directly and indirectly
affected. Without such information, a decision cannot be duly contested [...].
The degree to which explicability is needed is highly dependent on the context
and the severity of the consequences if that output is erroneous or otherwise
inaccurate. 42
51. All this explains why transparency in artificial intelligence is important, since
such intelligence should not be obscure, secretive or misleading. For this reason, in
the aforementioned European Declaration it was stated that:
Everyone should be empowered to benefit from the advantages of algorithmic
and artificial intelligence systems including by making their own, informed
choices in the digital environment, while being protected against risks and harm
to one’s health, safety and fundamental rights. 43
52. In line with the above, the Ibero-American Data Protection Network
recommended in 2019 increasing transparency with personal data subjects. 44
53. Subsequently, and also related to the above, in its aforementioned 2020
resolution, the Global Privacy Assembly stressed that organizations developing or
using artificial intelligence systems should take the following measures into
consideration: (a) ensuring transparency and openness by disclosing the use of
artificial intelligence, the data being used and the logic involved in the artificial
intelligence; (b) ensuring an accountable human actor is identified with whom
concerns related to automated decisions can be raised and rights can be exercised, and
who can trigger evaluation of the decision process and human intervention;
(c) providing explanations in clear and understandable language for the automated
decisions made by artificial intelligence upon request; and (d) ensuring human
intervention in the automated decision made by artificial intelli gence upon request. 45
54. All of the above is partially aligned with the provisions of the General Data
Protection Regulation, which states for example that:
Where personal data have not been obtained from the data subject, the controller
shall provide the data subject with the following information: [...] 2. (g) the
existence of automated decision-making, including profiling, referred to in
article 22 (1) and (4) and, at least in those cases, meaningful information about
the logic involved, as well as the significance and the envisaged consequences
of such processing for the data subject. 46
Additionally, the data subject or data owner has the right to:
obtain from the controller confirmation as to whether or not personal data
concerning him or her are being processed, and, where that is the case, access
to the personal data and the following information: [...] (h) the existence of
automated decision-making, including profiling, referred to in article 22(1) and
(4) and, at least in those cases, meaningful information about the logic involved,
__________________
42
43
44
45
46
16/20
See https://digital-strategy.ec.europa.eu/en/library/ethics-guidelines-trustworthy-ai, p. 13.
Available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AJOC_2023_023_
R_0001.
See https://www.redipd.org/sites/default/files/2020-02/guia-recomendaciones-generalestratamiento-datos-ia.pdf, pp 23 and 24.
See https://globalprivacyassembly.org/document-archive/adopted-resolutions/, p. 3.
See http://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX:32016R0679, art. 14,
para. 2 (g).
23-15851