Abstract

In this article, we develop the concept of Transparency by Design that serves as practical guidance in helping promote the beneficial functions of transparency while mitigating its challenges in automated-decision making (ADM) environments. With the rise of artificial intelligence (AI) and the ability of AI systems to make automated and self-learned decisions, a call for transparency of how such systems reach decisions has echoed within academic and policy circles. The term transparency, however, relates to multiple concepts, fulfills many functions, and holds different promises that struggle to be realized in concrete applications. Indeed, the complexity of transparency for ADM shows tension between transparency as a normative ideal and its translation to practical application. To address this tension, we first conduct a review of transparency, analyzing its challenges and limitations concerning automated decision-making practices. We then look at the lessons learned from the development of Privacy by Design, as a basis for developing the Transparency by Design principles. Finally, we propose a set of nine principles to cover relevant contextual, technical, informational, and stakeholder-sensitive considerations. Transparency by Design is a model that helps organizations design transparent AI systems, by integrating these principles in a step-by-step manner and as an ex-ante value, not as an afterthought.

Highlights

  • The rise of machine learning and artificial intelligence (AI) has led to the creation of systems that can reach largely autonomous decisions, such as AI-based diagnostic tools for health applications (e.g., detection of diabetic retinopathy, cf. AbràmoffExtended author information available on the last page of the article1 3 Vol.:(0123456789)et al 2018), recommender systems (e.g., YouTube recommender algorithms, cf. Bishop 2018), or predictive policing and criminal sentencing (Brayne 2017; Brayne and Christin 2020)

  • The literature indicates that the term transparency relates to multiple concepts, fulfills many functions, and holds different promises and that transparency is becoming an important aspect of the regulatory discourse on AI (European Commission 2020)

  • Building upon the idea of “Transparency by Design” (TbD) as an emerging concept (Hildebrandt 2013; Mascharka et al 2018), we aim to provide such a roadmap addressed especially towards those tasked with the development of automated decision-making (ADM) systems

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Summary

Introduction

The rise of machine learning and artificial intelligence (AI) has led to the creation of systems that can reach largely autonomous decisions, such as AI-based diagnostic tools for health applications (e.g., detection of diabetic retinopathy, cf. AbràmoffExtended author information available on the last page of the article1 3 Vol.:(0123456789)et al 2018), recommender systems (e.g., YouTube recommender algorithms, cf. Bishop 2018), or predictive policing and criminal sentencing (Brayne 2017; Brayne and Christin 2020). We start with the premise that automated decision-making algorithms “make generally reliable (but subjective and not necessarily correct) decisions based upon complex rules that challenge or confound human capacities for action and comprehension” Automated decision making-systems can have impacts on individuals and society at large, creating novel ethical challenges that open up fundamental questions regarding responsibility, human dignity, and the relation between humans and machines (Coeckelbergh 2020; Matthias 2004; Latonero 2018). It is not unsurprising that automated decision-making systems that produce legal effects (e.g., criminal sentences) or otherwise significantly impact an individual (e.g., being denied a loan) are—depending on whose legal opinion one follows—either forbidden in European data protection law or at the minimum the individual has a right not to be subjected to it. The literature indicates that the term transparency relates to multiple concepts, fulfills many functions, and holds different promises and that transparency is becoming an important aspect of the regulatory discourse on AI (European Commission 2020)

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