Will our AI system make automatic decisions without human intervention?

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Non-compliance Category
Design PhaseInput PhaseModel PhaseOutput Phase
Will our AI system make automatic decisions without human intervention?

Can these decisions have an important adverse impact on the individual? Think about someone’s legal rights, legal status, rights under a contract, or a decision with similar effects and significance. (art. 22 GDPR) Automatic profiling from individuals is also included in art.22.

If you answered Yes then you are at risk

If you are not sure, then you might be at risk too

Recommendations

  • Check with your privacy expert if your processing falls under art. 22 GDPR or under the exceptions. Human oversight could be a way to mitigate certain risks for individuals. Discuss this with your legal advisors and the rest of the team.
  • Article 22(3) also provides individuals with a right to obtain human intervention in decisions made by AI and the right to contest the decision.
  • Implement specific oversight and control measures to oversee (and audit) the self-learning or autonomous nature of the AI system.
  • Remember that transparency, human agency, oversight and accountability are key principles for trustworthy AI.

Interesting resources/references