A/78/310 • “Continuously inform data subjects so that they know how automated decision making can affect them and how to request human intervention when needed, so they can make an informed decision as to whether or not to consent to the processing”. 40. The Ibero-American Data Protection Network has noted that: The information provided regarding the logic of the [artificial intelligence] model should include at least the basic aspects of its operation, as well as the weighting and correlation of the data, written in clear, simple and easily understood language. It will not be necessary to provide a complete explanation of the algorithms used or even to include them. 38 41. The Ibero-American Data Protection Network has called on those responsible for the processing of data by artificial intelligence to be innovative in order to convey information in a simple and concise manner, indicating that “[t]here are several innovative approaches to providing privacy notices, including the use of videos, cartoons and standardized icons. The use of a combination of approaches can help make complex information on [artificial intelligence] easier for data subjects to understand”. 39 42. The following paragraphs contain an enunciative and non-exhaustive set of examples of countries that have explicitly or implicitly addressed in their local laws the principle of transparency in the processing of personal data using artificial intelligence. 43. In Ecuador, the Organic Data Protection Act, adopted in 2021, establishes in its article 12, paragraphs 14 and 17, the right to be informed about the existence of the right to not be subject to a decision based solely on automated evaluations, the manner in which that right can be exercised and the existence of automated assessments an d decisions, including profiling. 44. The Act also stipulates that in cases in which data are obtained directly from data subjects, the information shall be communicated in advance (at the time the personal data are collected). Article 12 further states t hat: When personal data are not obtained directly from the data subjects or when they have been collected from sources accessible to the public, the data subjects shall be informed within thirty (30) days or in the first communication they receive, whichever occurs first. The data subjects shall be given clear, unambiguous, transparent, understandable, concise and accurate information with no technical hurdles. 45. In Peru, article 72 of the Implementing Regulations of Act No. 29733, the Personal Data Protection Act, addresses the right to the objective processing of personal data, stating as follows: To uphold the right to objective processing pursuant to article 23 of the Act, 40 when personal data are processed as part of a decision-making process that does not involve the data subject, the controller of the personal data database or the __________________ 38 39 40 14/20 See https://www.redipd.org/es/documentos/guia, pp. 17–19. Ibid. “Article 23. Right to objective processing. Data subjects have the right to not be subjected to a decision that has legal effects on them or affects them significantly and is supported only by the processing of personal data intended to evaluate certain aspects of their personalities or behaviour, unless it occurs during the negotiation, execution or performance of a contract or in cases of an evaluation for the purposes of taking a position at a public entity, pursuant to the law, without prejudice to the possibility of defending their point of view for the protection of their legitimate interests.” 23-15851

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