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techniques, which constitute a subset of artificial intelligence, algorithms are
trained to infer certain patterns based on a set of data in order to determine the
actions needed to achieve a given goal. 10
9.
In other words, to develop artificial intelligence, enormous amounts of
information are collected, stored, analysed, processed and used to generate various
results, actions or behaviours by machines or users of such machines. However, as
UNESCO states in its aforementioned recommendation, “privacy, a right essential to
the protection of human dignity, human autonomy and human agency, must be
respected, protected and promoted throughout the life cycle of [artificial intelligence]
systems.” 11
10. With the development of artificial intelligence, the proper processing of
personal data is essential to prevent harm or threats to human rights, as the case may
be. There are several initiatives and organizations that have worked to demand the
development of human rights-compliant artificial intelligence. Some examples are
provided below.
11. First, in October 2020, the Global Privacy Assembly adopted its resolution on
accountability in the development and use of artificial intelligence, 12 in which it urged
organizations that develop or use artificial intelligence systems to consider
implementing the following accountability measures:
• Assess the potential impact to human rights (including data protection and
privacy rights) before the development and/or use of artificial intelligence;
• Test the robustness, reliability, accuracy and data security of artificial
intelligence before putting it into use, including identifyin g and addressing bias
in the systems and the data they use that may lead to unfair outcomes;
• Implement accountability measures which are appropriate regarding the risks of
interference with human rights.
12.
Along the same lines, UNESCO, in its recommendation, stated that:
Algorithmic systems require adequate privacy impact assessments, which also
include societal and ethical considerations of their use and an innovative use of
the privacy by design approach. Artificial intelligence actors need to ensur e that
they are accountable for the design and implementation of artificial intelligence
systems in such a way as to ensure that personal information is protected
throughout the life cycle of the [artificial intelligence] system. 13
13. In June 2019, the Ibero-American Data Protection Network published a
document entitled “General recommendations for the treatment of personal data in
artificial intelligence”, 14 in which it made some suggestions to developers of artificial
intelligence products to guide them so that they can take into account the requirements
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10
11
12
13
14
23-15851
European Commission, White Paper on Artificial Intelligence – a European approach to
excellence and trust, COM (2020) 65 final. Available at https://eur-lex.europa.eu/legalcontent/EN/TXT/?qid=1603192201335&uri=CELEX%3A52020DC0065 .
See https://unesdoc.unesco.org/ark:/48223/pf0000381137 , p. 21.
See https://globalprivacyassembly.org/wp-content/uploads/2020/11/GPA-Resolution-onAccountability-in-the-Development-and-Use-of-AI-EN.pdf, p. 3.
See https://unesdoc.unesco.org/ark:/48223/pf0000381137, pp. 21–22.
Ibero-American Data Protection Network, “General recommendations for the treatment of
personal data in artificial intelligence”, (2019). Text adopted by the members of the Network at
the session of 21 June 2019, held in Naucalpan de Juárez, Mexico. Availab le at
https://www.redipd.org/sites/default/files/2020-02/guia-recomendaciones-generales-tratamientodatos-ia.pdf.
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