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Artificial Intelligence, OECD principles and recommendations


In Brazil, the public consultation opened in early 2020 by the Ministry of Science and Technology reported that the structuring of the AI ​​strategy in the country would go through the adoption of the OECD guidelines.

The Organization for Economic Cooperation and Development (OECD) is an international organization dedicated to the design of global policies to improve people’s economic and social well-being globally. Considering, therefore, that Artificial Intelligence (AI) has implications for the world, social and economic transformations, as well as holds the potential to contribute positively to economic activity, innovation and productivity. The OECD has developed “Recommendation of the Council on Artificial Intelligence” in order for members and adherents to promote and implement their content to promote public trust and benefits to all interested parties.

The document presents guidelines, five principles and five recommendations, aiming to set international standards capable of guaranteeing that AI systems, in all phases of their life cycles, will be robust, safe, fair and reliable. The main purpose is to guide governments, organizations and other actors in the design and implementation of AI systems, ensuring centrality in the human person, together with an adequate regime of responsibility. In this way, it is expected that the benefits provided by this new technology will be widely available to society.

Internationally, more than four dozen countries have already adhered to these guidelines. In addition, the G20, in June 2019, adopted principles for human-centered AI, based on the document prepared by the OECD, recognizing the need to achieve common goals for global economic growth.

In Brazil, the public consultation opened in early 2020 by the Ministry of Science and Technology reported that the structuring of the AI ​​strategy in the country would go through the adoption of the OECD guidelines. Bill 21/20, likewise, explicitly mentions the OECD guidelines for the development of this new technology. The justification explains that Brazil’s adherence to the document in May 2019 makes, according to its author, “appropriate the edition of legislation on the matter”.

The complementary principles applicable to all interested parties are:

Inclusive growth, sustainable development and well-being: benefits that must be provided to human people and the planet. The document mentions an exemplary role, including the purposes of increasing human capacities, promoting creativity and inclusion of under-represented populations, reducing inequalities (economic, social and gender) and protecting the environment.
Values ​​centered on the human being and equity: obligation to respect fundamental and human rights, democratic values, the rule of law and diversity.

It is intended to guarantee supervision and / or human intervention, whenever necessary, at some point in the subsequent availability of products and services (simultaneous or later validation, shutdown during operation and restriction of operational capacities in certain circumstances).

It is important to underline that in documents of this nature, the rights that are sought to protect are related to potential risks of new technologies. In this case, the list of rights that the document explains is linked to three main risks that may be caused by AI systems: violation of privacy (privacy and data protection), biases that matter in prohibited discrimination (non-discrimination, equity , diversity and justice) and reduction of jobs (internationally recognized labor rights).

Transparency and explainability: transparency relates to the provision of meaningful information that allows users to understand when they are dealing with AI systems and not with humans. The explanability is intended to mitigate the risk of opacity, that is, the difficulty of auditing and / or checking the decision-making, forecasting or recommendation process carried out by AI systems, also relating to possible obstacles to understanding, from the perspective of human users.

Once this principle is complied with, it is possible for the authorities to verify, in a specific case, the legislation and the liability regime applicable to the results caused by decisions involving AI. Adverse affected users are allowed to judicially question the results generated by AI systems in clear and easy information.

Robustness, security and protection: requirement for management and risk assessment of AI systems throughout their useful life, so that they work according to prior planning, without exposing irrational security risks. Thus, it is feasible to investigate the set of data used in training and functioning, processes and decisions made by the AI.
“Accountability”: actors engaged in the development of AI systems must be held accountable in accordance with at least these principles.

This is a challenge for national states, with regard to the attribution of a regime of responsibility for actors, applications and systems so diverse among themselves. Once again, this discussion needs to be guided by the caution inherent in the analysis of the legal and regulatory framework that currently exists in the face of new challenges and by the recognition of the speed with which this technology evolves, which cannot be accompanied by normative production or regulatory activity.

In line with these principles, the OECD has made five recommendations to member countries and those that adhere to the document. These are focused on national policies and international cooperation, elaborating strategic objectives that can be adopted by state actors:

Invest in AI research and development: facilitate public and private investment, in order to stimulate innovation in challenging technical issues and representative data sets;
Promote digital ecosystem for AI: organize mechanisms for safe, fair, legal and ethical sharing of data and knowledge, with accessible digital infrastructure and technologies;
Organize an AI-friendly policy environment: support the smooth transition from the R&D stage to the implementation and operation of AI systems by reviewing, where appropriate, standards, regulations and mechanisms for checking compliance;
Strengthen human capacity and prepare people for the transformation of the labor market: empower people to use and interact with AI systems by organizing professional training programs;
International cooperation for trusted AI: Governments and stakeholders must actively cooperate to promote principles, knowledge sharing and standards development.

Although principles and recommendations do not legally bind OECD member countries and adherents to the document, they provide perspectives on national laws and regulations that are under discussion or drafting. The relevance, therefore, of addressing this grouping in detail is associated with the fact that these guidelines become international standards, that is, a reference for all interested parties, formed by the minimum content in order to ensure that reliable AI systems are developed.

By: Wilson Sales Belchior

Source: Portal Migalhas



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