A/78/310 they were obtained, and contest the decision before the person responsible or in charge (with certain exceptions). 62. In Uruguay, article 16 of Act No. 18331 establishes that: individuals have the right not to be subjected to a decision with legal effects that significantly affects them that is based on automated data processing intended to evaluate certain aspects of their personality, such as their job performance, creditworthiness, reliability and conduct. Whoever is affected shall have the right to obtain information from the person responsible for the database both on the evaluation criteria and on the program used in the processing that was used to reach the decision set out in the act. VII. Conclusions 63. The following conclusions can be drawn from the foregoing: (a) Transparency and explainability help to build trust in artificial intelligence and to respect human rights; (b) Developers of artificial intelligence must be transparent about how data are processed (how they are collected, stored and used), and about how decisions based on artificial intelligence are made, the reliability of such decisions and the security of the information; (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 arti ficial 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. VIII. Recommendations 64. In the light of the above, the Special Rapporteur urges States to: (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 their 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; 23-15851 19/20

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