A/78/310
Co-operation and Development; (e) Asia-Pacific Economic Cooperation Forum
Privacy Framework, and (f) Updated Principles on Privacy and Personal Data
Protection, with annotations, of the Organization of American States.
24. From the analysis, she had concluded that, as a general rule, the following
information must be disclosed:
• The identities and addresses of controllers or of their representatives, and the
aims or purposes of the processing […] These data are the basic foundations of
transparency;
• The rights of the data subject and the ways in which they may be exercised, as
well as the recipients of the data or category of recipients;
• The legal foundation or basis for the processing, as well as the existence and/or
main characteristics of the processing;
• The category of the data processed and the origin of the data when not obtained
directly from the subject.
25. It is worth noting that to implement the principle of transparency, the
information provided to the data subject must be in simple, clear, intelligible and
easily accessible and understandable language. That mandate must also be upheld in
cases involving children and adolescents, with the necessary adjustments being made.
26. Not all the regulatory instruments mentioned above require that the same
information be disclosed, since some have more extensive lists of the types of
information that must be disclosed. In the particular case of the General D ata
Protection Regulation of the European Union, the information that must be disclosed
includes: 22 the contact details of the data protection officer; the period for which the
personal data will be stored or the criteria used to determine that period; whe ther the
controller plans to carry out communications or transfers and the regulations
authorizing such communications or transfers; the right to lodge a complaint with a
supervisory authority; whether communication is a statutory or contractual
requirement, or is necessary to enter into a contract, and whether subjects are required
to provide their personal data and the consequences of a failure to do so; the existence
of automated decision-making, including profiling, in which case meaningful
information about the logic involved must be provided, as well as the significance
and envisaged consequences of such processing, and information on the purpose in
cases where the controller intends to further process the data for a purpose other than
that for which the data were collected.
V. Principle of transparency in the processing of personal data
in the field of artificial intelligence
27. It is essential to ensure transparency in artificial intelligence, as a lack of
awareness or omission in that connection may generate negative effects. As the
European Commission has noted that:
The lack of transparency (opaqueness of [artificial intelligence]) makes it
difficult to identify and prove possible breaches of laws, including legal
provisions that protect fundamental rights, attribute liability and meet the
conditions to claim compensation. 23
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23-15851
See https://eur-lex.europa.eu/legal-content/ES/TXT/?qid=1532348683434&uri
=CELEX%3A02016R0679-20160504.
European Commission, White Paper on Artificial Intelligence – a European approach to
excellence and trust, 2020, p. 14.
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