A/79/173 (c) Persons affected by decisions made on the basis of artificial intelligence deserve a clear, simple, complete, truthful and understandable explanation of the reasons for that decision. In that regard, the principle of explainability is of cardinal importance not only because it aligns with the principle of transparency, but also because it will make it possible to uphold such persons’ right to a defence and due process; (d) Explainability and transparency demand clarity, completeness, truthfulness, impartiality and publicity of the decisions made using artificial intelligence and of the logic, method or reasoning for making decisions about human beings based on information, particularly personal data. Explainability and transparency are, of course, the opposite of opacity, obscurity, deceit, lies and abuse of computing power, which are some of the symptoms of illegal and unethical processing that reflects a lack of respect for human beings and their dignity. 21 30. In addition, the Special Rapporteur made the following recommendations: (a) Promote transparency in artificial intelligence in order to mitigate the risks that opacity may generate in society, especially with respect to the protection of human rights; (b) Incorporate into [national] laws the principle of explainability, not only to enable people to understand how the decisions that affect them were made, but also to provide them with the tools to defend their human rights in the face of artificial intelligence; (c) Promote ethical practices that ensure transparency and explainability in the processing of personal data in artificial intelligence projects or processes; (d) Foster, support and facilitate education and digital literacy to enable citizens to better understand the concepts relating to artificial intelligence, transparency and explainability, in order to be able to demand that their rights be respected. 22 31. In a 2024 report, 23 the Special Rapporteur conducted a comparative study of the legal safeguards for personal data protection and privacy in the digital age. She also examined the legal mechanisms that are available to data subjects for the protection and restitution of their rights and, where necessary, for the reparation of damage caused by the improper use of information concerning them. 32. The following were among the conclusions drawn in the report: (a) Countries from five continents have expressly recognized in their legislation the different rights that data subjects enjoy and that allow them to control their personal information; (b) Some countries are moving forward by legislating to recognize new rights, including those that are linked to automated and digitalized data processing or are exercised in the context of the Internet or of social media and similar services. This progress can also be seen from the more detailed express recognition of certain rights; (c) Data subjects exercise personal data protection rights vis-à-vis data controllers through regulated procedures in each legal system that possess similarities and particular features; (d) Regulated aspects of these procedures include, depending on the law in question, the ability of the data subject or his or her representative to submit requests __________________ 21 22 23 10/23 Ibid., para. 63. Ibid., para. 64. “Legal safeguards for personal data protection and privacy in the digital age”, report of the Special Rapporteur on the right to privacy (A/HRC/55/46, 18 January 2024). 24-13146