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significant risks can be expected to occur. […]. For instance, health care,
transport, energy and parts of the public sector […];
(b) Second, the [artificial intelligence] application in the sector in
question is, in addition, used in such a manner that significant risks are likely to
arise. […]. The assessment of the level of risk of a given use could be based on
the impact on the affected parties. For instance, uses of [artific ial intelligence]
applications that produce legal or similarly significant effects for the rights of
an individual or company; that pose risk of injury, death or significant material
or immaterial damage; that produce effects that cannot reasonably be avoi ded
by individuals or legal entities. 16
18. Artificial intelligence involves different types of risk. The contingencies that
should be considered include the inherent risks of operating with algorithms (human
bias, technical flaws, security vulnerabilities and failures in their implementation) and
their faulty design. Certain issues affect the management and performance of
algorithms, as shown in the following graphic: 17
19.
As explained in the literature:
Data input is affected mainly by two variables: bias (incorporation of partial,
insufficient, manipulated or outdated data) and pertinence (relevance,
inconsistency or completeness of the data). On the other hand, the development
of algorithms 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 one planned and goes against the premise of the proposed
design). Lastly, risks in output decisions are related to the pertinence and
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16
17
23-15851
See https://eur-lex.europa.eu/legal-content/ES/TXT/?qid=1603192201335
&uri=CELEX%3A52020DC0065.
See https://www.redipd.org/sites/default/files/2020-02/guia-recomendaciones-generalestratamiento-datos-ia.pdf, p. 18.
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