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

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