In brief
On 17 September 2024, within the framework of the National Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence (AI), the Agency for Access to Public Information (DPA) published the preliminary version of the “Guide for Public and Private Entities on Transparency and Personal Data Protection for Responsible Artificial Intelligence” (“Guide“).
In depth
The main purpose of the Guide is to set forth guidelines for entities from the public and private sectors incorporating transparency and protection of personal data (“Data“) into those technological development projects that implement AI systems to guarantee that data subjects’ rights are exercised effectively.
The main recommendations for transparency and protection of Data in the life cycle of AI systems are as follows:
- Implement impact assessments as a tool to identify and mitigate risks associated with the processing of Data in AI systems from the start, and implement security measures to prevent and mitigate these risks at all stages of the AI system’s life cycle
- Respect the principles of protection by design and default, lawfulness, quality, and transparency, among others, to have an AI system that protects data subjects, limiting the collection and processing of Data to that which is strictly necessary (Likewise, the legality of the processing of Data must be guaranteed, and quality controls must be implemented by multidisciplinary teams, promoting the explainability of the systems and guaranteeing algorithmic transparency.)
- Evaluate the algorithm used to ensure that it is aligned with the preestablished values, principles and guidelines, aiming to identify biases, patterns and errors of the algorithmic model and results
- Comply with the information obligations toward data subjects (AI systems should have privacy policies whereby data subjects are provided with relevant information regarding the AI system.)
- Continuously monitor security, bias and transparency to mitigate risks and promote continuous improvement of the AI system
- Adopt a proactive and demonstrated accountability approach to ensure that the operation of the AI system is secure, ethical and compliant with privacy and Data protection regulations and standards
The Guide seeks to ensure that public and private entities can adopt and implement the standards, principles and detailed aspects to achieve a responsible AI system, with greater legitimacy and fewer risks, promoting the effective exercise of the subjects’ rights and their trust in these entities.
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Thank you to Catalina Benatena, Associate, and Agustin Gastaldi, Paralegal, for their contribution to this legal alert.
