A/HRC/56/68
despite the clarity and timeliness of prior calls for a “colour-blind” approach and the
increase in awareness of systemic racism in the intervening four years. The assumption
that technology is objective and neutral remains pervasive and drives a race to integrate
artificial intelligence into society despite its racially discriminatory impacts and without
due consideration of whether it is necessary. While artificial intelligence does have
positive potential, including for equality and inclusion, it is not a panacea for all societal
issues and must be effectively managed to balance its benefits and risks.
67.
The effective and comprehensive regulation of artificial intelligence is central to
achieving this careful balance. While the effective regulation of artificial intelligence is
vital, there are additional steps that States and others can take to effectively address the
racially discriminatory impacts of these technologies. Developing human rights-based
public education about emerging technologies and building artificial intelligence
literacy are also very important. When individuals and groups understand artificial
intelligence and are aware of their human rights in the digital space, they are
empowered to use that knowledge responsibly and become a discerning and responsible
audience that can improve accountability for artificial intelligence systems.
68.
States should:
(a)
Address the challenge of regulating artificial intelligence with a greater
sense of urgency, bearing in mind the speed with which these technologies are being
developed and the multitude of ways in which they are already perpetuating racial
discrimination across societal domains;
(b)
Develop artificial intelligence regulatory frameworks that are based on a
comprehensive understanding of systemic racism and are grounded in international
human rights law, including the prohibition of racial discrimination. Such frameworks
should not be based on siloed approaches and should take into account different legal
instruments, including dedicated artificial intelligence legislation, privacy laws,
freedom of information provisions, anti-discrimination legislation and sectoral
regulations, to achieve comprehensive and effective regulation that prevents and
addresses the racially discriminatory impact of artificial intelligence;
(c)
Consider the role that voluntary standards can play in artificial
intelligence regulatory frameworks. Voluntary standards can provide actionable
guidelines on the practical implementation of legal standards. However, artificial
intelligence regulation should not rely solely on voluntary standards, due to the
significance of the human rights implications of these technologies, including in relation
to racial discrimination;
(d)
Enshrine a legally binding obligation, within regulatory frameworks, to
conduct comprehensive human rights due diligence assessments, including explicit
criteria to assess racial and ethnic bias, in the development and deployment of all
artificial intelligence technologies. Human rights due diligence should include
data-testing protocols and thresholds that safeguard against algorithmic bias, including
racial and ethnic bias. They should be completed before the deployment of new
technologies, particularly in public settings, such as educational, law enforcement and
health-care settings;
(e)
Consider prohibiting the use of artificial intelligence systems that have
been shown to have unacceptable human rights risks, including those that violate the
prohibition of racial discrimination;
(f)
Ensure that there are provisions within regulatory frameworks to
guarantee full transparency about automated decision-making processes, including
rights of access to information, in cases in which artificial intelligence use is deemed
permissible, based on comprehensive human rights due diligence;
(g)
Put in place clear and accessible appeals processes, which have a mandate
to assess and address the racially discriminatory impacts of artificial intelligence and
involve human review. Equitable access to such appeals processes should be ensured;
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