Artificial Intelligence in Victoria’s Courts and Tribunals: Consultation Paper

Australia’s AI Ethics Principles^[1]

• Human, societal and environmental wellbeing

• Human-centred values: respect human rights, diversity, autonomy

• Fairness: inclusive and accessible, avoid discrimination

• Privacy, protection and security

• Reliability and safety

• Transparency and explainability and responsible disclosure

• Contestability: process to challenge outcomes

• Accountability and human oversight

Ethics guidelines, European Commission^[2] (referred to by EU AI Act^[3])

• Human agency and oversight

• Technical robustness and safety

• Privacy and data governance

• Transparency

• Diversity, non-discrimination and fairness

• Societal and environmental well-being

• Accountability

OECD Principles on AI development^[4]

• Inclusive growth, sustainable development and well-being

• Respect for rule of law, human rights and democratic values, including fairness and privacy

• Transparency and explainability

• Robustness, security and safety

• Accountability

The principles have informed other guidance e.g. Scotland’s AI Strategy.^[5] Over 47 countries are adherents to the OECDS’s principles on AI.^[6]

Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law^[7]

• Human dignity and individual autonomy

• Transparency and oversight

• Accountability and responsibility

• Equality and non-discrimination

• Privacy and personal data protection

• Reliability

• Safe innovation, fostering innovation while avoiding adverse impacts on human rights, democracy and the rule of law.

UNESCO – recommendation on the ethics of AI^[8]

• Proportionality and do no harm

• Safety and security

• Fairness and non-discrimination

• Sustainability

• Right to privacy and data protection

• Human oversight and determination

• Transparency and explainability

• Responsibility and accountability

• Awareness and literacy

• Multi-stakeholder and adaptive governance and collaboration

UK AI Framework^[9]

• Safety, security and robustness

• Appropriate transparency and explainability

• Fairness

• Accountability and governance

• Contestability and redress

Cananda’s Artificial Intelligence and Data Bill^[10]

• Human oversight and monitoring

• Transparency

• Fairness and equity

• Safety

• Accountability

• Validity and robustness

United States Executive Order: New Standards for AI Safety and Security^[11]

• Safe and secure

• Responsible innovation, competition and collaboration

• Responsible development and commitment to support American workers

• AI policies must be consistent with advancing equity and civil rights

• Protection of user interests, including consumer protection, and safeguards against fraud, bias, discrimination, privacy

• Protection of privacy and civil liberties including secure data collection and storage

• Build government capacity to regulate, govern and support AI use

• Government should be a leader to technological progress

Trustworthy AI in Aotearoa – AI Principles^[12]

• Fairness and justice

• Reliability, security and privacy

• Transparency

• Human oversight and accountability

• Wellbeing

Brazil’s National Strategy for Artificial Intelligence (EBIA)^[13]

• Inclusive growth

• Sustainable development and well-being

• Human-centred values and fairness

• Transparency and explainability

• Robustness, security and safety

• Accountability.

In May 2023, the Brazilian Government introduced a Bill for a proposed regulatory approach to AI, containing the following principles:^[14]

• Reliability and robustness; transparency

• Explainability, intelligibility and auditability

• Accountability, responsibility and full reparation for damage; non-maleficence (to do no harm)

• Human participation

• Non-discrimination, justice, equity and inclusion

• Inclusive growth and sustainable development

• Due process of law and contestability

• Prevention, precaution and mitigation of systemic risks.

Japan’s Social Principles of Human-Centric AI^[15]

• Human-centric

• Education/literacy

• Privacy protection

• Ensuring security

• Fair competition

• Fairness, accountability, and transparency

• Innovation

These are underpinned by three core societal values:

• Dignity

• Diversity and inclusion

• Sustainability

South Korea Human Rights Guidelines on Development and Utilisation of AI^[16]

Basic principles:

• Respect for human dignity

• Common good of society

• Proper use of technology

Key requirements:

• Safeguarding human rights

• Protection of privacy

• Respect for diversity

• Public good

• Solidarity

• Data management

• Accountability

• Safety

• Transparency

Singapore – AI Verify’s AI Governance and Testing Framework and Tool Kit.^[17]

• Transparency

• Explainability

• Repeatability/Reproducibility

• Safety

• Security

• Robustness

• Fairness

• Data governance

• Accountability

• Human agency and oversight

• Inclusive growth, societal and environmental well-being

South Africa National AI Policy Framework^[18]

Strategic pillars

• Talent development /Capacity development

• Digital infrastructure

• Research, development and innovation

• Public sector implementation

• Ethical AI guideline development

• Privacy and data protection

• Safety and security

• Transparency and explainability

• Fairness and mitigating bias