A/78/310
I. Introduction
1.
The High-Level Expert Group on Artificial Intelligence 1 of the European
Commission has noted that the principles of transparency and explainability are
important components for the promotion of reliable artificial intelligence. To that end,
artificial intelligence must be lawful, ethical and robust, “both from a technical and
social perspective since, even with good intentions, artificial intelligence systems can
cause unintentional harm”. 2
2.
In the same vein, the United Nations Educational, Scientific and Cultural
Organization (UNESCO) has noted that “transparency and explainability relate
closely to adequate responsibility and accountability measures, as well as to the
trustworthiness of artificial intelligence systems,” 3 and that “the transparency and
explainability of artificial intelligence systems are often essential preconditions to
ensure the respect, protection and promotion of human rights, fundamental freedoms
and ethical principles.” 4
3.
Artificial intelligence is very present on the global age nda. Towards the end of
December 2022, for example, the Organisation for Economic Co -operation and
Development (OECD) issued a statement on a trusted, sustainable and inclusive
digital future, 5 in which it committed to work towards, among other things, ad vancing
a human-centric and rights-oriented digital transformation that includes promoting
the enjoyment of human rights, both offline and online, strong protections for
personal data, laws and regulations fit for the digital age, and trustworthy, secure,
responsible and sustainable use of emerging digital technologies and artificial
intelligence. 6 With regard to artificial intelligence, OECD member States have called
on the organization to support the development of forward -looking, coherent and
implementable policy and legal frameworks for governing artificial intelligence and
managing its risks effectively, and to provide evidence, foresight, tools and incident
monitoring for effective policy planning and execution to implement trustworthy
artificial intelligence. 7
4.
On 23 January 2023, the European Parliament, the Council of Europe and the
European Commission adopted the European Declaration on Digital Rights and
Principles, in which they committed to:
(a) Promoting human-centric, trustworthy and ethical artificial intelligence
systems throughout their development, deployment and use, in line with European
Union values;
(b) Ensuring an adequate level of transparency about the use of algorithms
and artificial intelligence, and that people are empowered to use them and are
informed when interacting with them;
__________________
1
2
3
4
5
6
7
23-15851
A group of independent experts formed by the European Commission in June 2018.
High-Level Expert Group on Artificial Intelligence, Ethical guidelines for trustworthy artificial
intelligence, (2019), p. 2. Available at: https://digital-strategy.ec.europa.eu/en/library/ethicsguidelines-trustworthy-ai.
UNESCO, Recommendation on the Ethics of Artificial Intelligence, 2021, p. 22. Available at
https://unesdoc.unesco.org/ark:/48223/pf0000381137.
Ibid.
OECD, Declaration on a Trusted, Sustainable and Inclusive Digital Future, 2022. The declaration
was the outcome of the meeting held on the island of Gran Canaria, Spain, on 14 and 15 December
2022. Available at https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0488.
Ibid.
Ibid.
3/20