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(c) Ensuring that algorithmic systems are based on adequate datasets to avoid
discrimination and enable human supervision of all outcomes affecting people’s
safety and fundamental rights;
(d) Ensuring that technologies such as artificial intelligence are not used to
pre-empt people’s choices, for example regarding health, education, employment, and
their private life;
(e) Providing for safeguards and taking appropriate action, including by
promoting trustworthy standards, to ensure that artificial intelligence and digital
systems are, at all times, safe and used in full respect for fundamental rights;
(f) Taking measures to ensure that research in artificial intelligence respec ts
the highest ethical standards and relevant European Union law. 8
5.
In view of the above, some considerations on artificial intelligence are set out
below, with a brief reference to the following issues that are meant to clarify the
content of the principles of transparency and explainability in the context of the
processing of personal data in artificial intelligence processes or projects.
II. Artificial intelligence and the processing of personal data
6.
Artificial intelligence is now omnipresent in almost every aspect of our society,
from the mobile devices that citizens use all the time to the most complex business
management systems. This growing presence of artificial intelligence has opened up
a wide range of opportunities in various activities and sectors. However, along with
these opportunities also come challenges and dangers that must be addressed
responsibly so that, among other things, the full potential of artificial intelligence can
be harnessed in a safe, ethical and human rights-compliant manner.
7.
There is no consensus on the definition of artificial intelligence, but some of its
constituent elements have been identified. In a reference text on the subject, the
following taxonomy has been proposed: 9
• Systems that think like humans (e.g., cognitive architectures and neural
networks).
• Systems that act like human beings (e.g., automated reasoning and learning).
• Systems that think rationally (e.g., inferences).
• Systems that act rationally (e.g., intelligent software agents and embedded
robots that achieve goals through perception, planning, reasoning, learning,
communication, decision-making, and acting).
8.
All these systems process information to generate results and that information
contains, inter alia, personal data. In that regard, the European Commission has stated
the following:
For the purposes of this White Paper, as well as of any possible future
discussions on policy initiatives, it seems important to clarify the main elements
that compose artificial intelligence, which are “data” and “algorithms”.
Artificial intelligence can be integrated in hardware. In case of machine learning
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9
4/20
European Parliament, Council of Europe and European Commission, “European Declaration on
Digital Rights and Principles for the Digital Decade”, Official Journal of the European Union,
2023/C 23/01, 23 January 2023. Available at https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=OJ%3AJOC_2023_023_R_0001.
Stuart Russell and Peter Norvig, Artificial Intelligence: A Modern Approach (Essex, England,
Pearson, 2009).
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