A/78/310
precision of the execution of the algorithms as a direct response to the analysis
of the data input. 18
IV. Principle of transparency in the processing of personal data
20. Transparency is a concept used in several disciplines, including computer
science, access to information, law and the processing of personal data. According to
UNESCO, “transparency aims at providing appropriate information to the respective
addressees to enable their understanding and foster trust”. 19
21. There is no consensus on the scope of transparency in each case and the term
has different meanings within each case. For example, the principle of transparency
means one thing when used in relation to the processing of personal data in general,
and means something else when used in the context of artificial intelligence. In the
present report, reference is made to transparency in the processing of personal data in
general and specifically in artificial intelligence.
22. The principle of transparency is discussed in several documents of organizations
from different parts of the world. 20 The Special Rapporteur had previously noted that,
in accordance with the principle of transparency, controllers m ust inform data subjects
of the processing conditions to which their personal information will be subject from
the time of collection, so that subjects are in a position to exercise due control over
the data. 21
23. In the cited report, the Special Rapporteur had analysed the principle of
transparency based on the following international documents on privacy and the
processing of personal data: (a) General Data Protection Regulation of the European
Union; (b) Convention for the Protection of Individuals with regard to Automatic
Processing of Personal Data; (c) Standards for Personal Data Protection for
Ibero-American States, adopted by the Ibero-American Data Protection Network;
(d) Recommendations of the Council concerning the Guidelines on the Protection o f
Privacy and Transborder Flows of Personal Data of the Organisation for Economic
__________________
18
19
20
21
8/20
Alejandro Useche and Jeimy Cano, Robo-Advisors: Asesoría automatizada en el mercado de
valores, Universidad del Rosario and Autorregulador del Mercado de Valores de Colombia
(2019), pp. 9–10. Available at: https://www.researchgate.net/publication/331358231_RoboAdvisors_Asesoria_automatizada_en_el_mercado_de_valores.
UNESCO, Recommendation on the Ethics of Artificial Intelligence, 2021, p. 22.
Organisation for Economic Co-operation and Development (OECD), Guidelines on the
Protection of Privacy and Transborder Flows of Personal Data, 23 September 1980 and the
updated guidelines from July 2013; Council of Europe, Convention for the Protection of
Individuals with regard to Automatic Processing of Personal Data, No. 108, 28 January 1981;
United Nations, Guidelines for the regulation of computerized personal data files, 14 December
1990; Council of Europe, Additional Protocol to the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data, regarding supervisory authorities and
transborder data flows, 8 November 2001; Asia-Pacific Economic Cooperation Forum, AsiaPacific Economic Cooperation Forum Privacy Framework, 2004; Spanish Data Protection
Agency, Joint Proposal for a Draft of International Standards on the Protection of Privacy wi th
regard to the Processing of Personal Data, Madrid, 5 November 2009; Regulation (European
Union) 2016/679 of the European Parliament and of the Council on the protection of natural
persons with regard to the processing of personal data and on the free mo vement of such data,
and repealing Directive 95/46/EC (General Data Protection Regulation), 27 April 2016;
Ibero-American Data Protection Network, Guidelines for Harmonization of Data Protection in
the Ibero-American Community, 2017; Council of Europe, Pro tocol amending the Convention for
the Protection of Individuals with regard to Automatic Processing of Personal Data, October
2018, and Organization of American States, Inter-American Juridical Committee, Updated
Principles on Privacy and Personal Data Protection, 2021.
A/77/196, para. 45.
23-15851