A/HRC/43/29
D.
Ensuring accountability
50. Accountability for human rights violations is central to the framework of international
human rights obligations. This framework defines who is responsible for what and towards
whom, and expresses the obligations assumed by States to take steps, individually and
through international assistance and cooperation, especially economic and technical, to the
maximum of available resources, with a view to achieving progressively the full realization
of economic, social and cultural rights. It makes clear that certain obligations are of an
immediate nature, notably to remove discriminatory laws, policies and other measures and
to assure minimum essential levels of each right for all, with particular attention to those
left furthest behind. The framework enables duty bearers to be held accountable to rights
holders for their decisions or omissions, and provides mechanisms for claiming rights,
monitoring progress transparently, sanctioning poor performance and seeking redress for
human rights violations.
51. While new, data-driven technologies bring about new challenges in terms of ensuring
human rights accountability, a variety of tools and safeguarding methodologies exist to
identify and address risks and harms. Appropriate due diligence processes, taking into
account the full range of rights under international human rights law throughout the life
cycle of a technological system, can help avoid unduly narrow analysis of potential risks.
Such processes can be helpful in identifying and preventing possible human rights harm,
including by determining necessary safeguards, and in developing effective remedies when
harm does occur. Meaningful consultations with external stakeholders and, where possible,
with representatives of potentially impacted individuals and groups, in order to avoid
project-driven bias, can strengthen such processes and significantly enhance their
effectiveness (A/73/348, para. 54). On this basis, it would, for example, be recommended to
integrate ongoing human rights diligence and broad consultations into the process of
developing and deploying comprehensive nationwide digital identification systems, in order
to enable the identification and mitigation of human rights risks associated with the
systems.
52. Often, there may be significant gaps in public knowledge and understanding
concerning the technological means being used by Governments and private actors in many
public services, such as social security, pensions, health care, taxation, education or
recruitment. This is a particular problem in the context of the automated decision-making
processes that rely on artificial intelligence. Comprehensive, publicly available information
is important to enable informed decision-making and the relevant consent of affected
parties. It is advisable to require administrative services to systematically inform the
addressees of rights-affecting decisions if those decisions have been made automatically or
with the help of automation tools. For human rights-critical applications, the introduction of
registers containing key information about those tools and their use can be considered.
Regulations requiring companies to disclose when artificial intelligence systems are used in
ways that affect the exercise of human rights and share the results of related human rights
impact assessments may also be a helpful tool.
53. An associated dimension in the use of artificial intelligence technologies is
“explainability”, concerned with the tendency towards opacity of complex algorithmic
tools, also known as the “black box” problem. Such systems, in particular those with selflearning capabilities, can often behave in a fashion that is not entirely explainable or
predictable. On occasion, intellectual property protections may, in this context, prevent
necessary scrutiny of the algorithms and data used to train them. Even access to the
underlying source code and training data, however, may often be insufficient to offer
adequate understanding of how a particular artificial intelligence system operates in
practice. Additional efforts are necessary to create tools and methods that provide a
sufficient level of explanation of how decisions have been reached, in particular when
artificial intelligence is determining critical issues within judicial processes or regarding
access to, eligibility for and use of critical social services that are essential for the
realization of economic, social and cultural rights.
54. In addition, regular audits by internal and external reviewers throughout the life cycle
of artificial intelligence systems can provide a critical guarantee of rigour and independence
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