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they were obtained, and contest the decision before the person responsible or in
charge (with certain exceptions).
62.
In Uruguay, article 16 of Act No. 18331 establishes that:
individuals have the right not to be subjected to a decision with legal effects that
significantly affects them that is based on automated data processing intended
to evaluate certain aspects of their personality, such as their job performance,
creditworthiness, reliability and conduct. Whoever is affected shall have the
right to obtain information from the person responsible for the database both on
the evaluation criteria and on the program used in the processing that was used
to reach the decision set out in the act.
VII. Conclusions
63.
The following conclusions can be drawn from the foregoing:
(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;
(c) Persons affected by decisions made on the basis of artificial
intelligence deserve a clear, simple, complete, truthful and understandable
explanation of the reasons for that decision. In that regard, the principle of
explainability is of cardinal importance not only because it aligns with the
principle of transparency, but also because it will make it possible to uphold such
persons’ right to a defence and due process;
(d) Explainability and transparency demand clarity, completeness,
truthfulness, impartiality and publicity of the decisions made using arti ficial
intelligence and of the logic, method or reasoning for making decisions about
human beings based on information, particularly personal data. Explainability
and transparency are, of course, the opposite of opacity, obscurity, deceit, lies
and abuse of computing power, which are some of the symptoms of illegal and
unethical processing that reflects a lack of respect for human beings and their
dignity.
VIII. Recommendations
64.
In the light of the above, the Special Rapporteur urges States to:
(a) Promote transparency in artificial intelligence in order to mitigate the
risks that opacity may generate in society, especially with respect to the
protection of human rights;
(b) Incorporate into their laws the principle of explainability, not only to
enable people to understand how the decisions that affect them were made, but
also to provide them with the tools to defend their human rights in the face of
artificial intelligence;
(c) Promote ethical practices that ensure transparency and explainability
in the processing of personal data in artificial intelligence projects or processes;
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