A/78/310
organizational measures in place (including documentation); being fully transparent
about the goals, use and design of the algorithmic systems implemented; ensuring the
robustness of the artificial intelligence system and implementing and being
transparent about the available mechanisms of accountability, redress and
independent oversight. 35
38. The European Data Protection Board and the European Data Protection
Supervisor have also noted the need to promote:
[N]ew, more proactive and timely ways to inform users of [artificial
intelligence] systems on the (decision-making) status where the system lays at
any time, providing early warning of potential harmful outcomes, so that
individuals whose rights and freedoms may be impaired by the machine’s
autonomous decisions may react or redress the decision. 36
39. The Ibero-American Data Protection Network is of the opinion that the
following actions must be taken to implement the principle of transparency: 37
• “Communicate to data subjects the main characteristics of the processing to
which their personal information will be submitted”;
• “Expressly inform data subjects that automation processes will be used in the
processing of their personal data”;
• “Include all purposes for which the data subjects’ data will be processed in the
method chosen by the controllers to implement the principle of transparency”;
• “Disclose the origin of personal data when such data are obtained through a
transfer and, in cases in which the intention is to use artificial intelligence,
confirm that the data subjects were notified of this purpose by the first controller
who obtained the data to make use of them for that purpose”;
• “Develop innovative ways to inform data subjects of the main characteristics of
the processing and the level of risk in terms of an increase or decrease in privacy
expectations”;
• “Safeguard the right to informational self-determination by ensuring that data
subjects are always informed in an adequate and timely manner that they will
be interacting directly with an artificial intelligence sy stem or when their
information will be processed by one”;
• “Provide meaningful information on the purpose and effects of artificial
intelligence systems to verify continuous alignment with the privacy
expectations of data subjects, allowing them to exerc ise control over the
processing of their personal data at all times”;
• “Identify and define commonly used terms and create a database so those terms
can be reused in different contexts, with standard icons to make information
known to the data subjects”;
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35
36
37
23-15851
European Data Protection Supervisor, Opinion 4/2020, European Data Protection Supervisor
Opinion on the European Commission’s White Paper on Artificial Intelligence – a European
approach to excellence and trust, 29 June 2020, p. 14. Available at: https://edps.europa.eu/sites/
edp/files/publication/20-06-19_opinion_ai_white_paper_en.pdf.
European Data Protection Board and the European Data Protection Supervisor, “Joint Opinion
5/2021 on the proposal for a Regulation of the European Parliament and of the Council laying
down harmonised rules on artificial intelligence (Artificial Intelligence Act)”, 18 June 2021,
p. 22.
See https://www.redipd.org/sites/default/files/2020–02/guia-orientaciones-espec%C3%ADficasproteccion-datos-ia.pdf, pp. 17–19.
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