On October 3, 2022, the White House Office of Science and Technology Policy released its “Blueprint for an AI Bill of Rights.” This is in addition to the previous federal guidelines issued by the EEOC and DOJ regarding the use of AI in employment decisions.
The framework published by the White House is intended to apply to automated systems that impact “the rights, opportunities, or access to critical resources or services” of individuals.
The blueprint sets out five protections to which individuals should be entitled:
Safe and efficient systems
Protection against algorithmic discrimination
Notice and explain when an automated system is used and how it affects the individual
Ability to opt out of automated systems and have access to people who can troubleshoot issues
The framework is intended to help put in place safeguards in the use of AI and automated systems. Along with the release of the blueprint, the Biden-Harris administration announced actions across the federal government to advance protections for workers and employers, students, patients, and more.
These initiatives include the publication by the Ministry of Labor ofWhat the AI Bill of Rights Blueprint Means for Workersand its intensification of the enforcement of monitoring reports required to protect the workers’ organization. There are also noted consumer protections such as the Federal Trade Commission’s recent review of consumer privacy and data rulemaking. And many more related to education and health care.
The Administration’s announcement is consistent with the actions taken during the Trump Administration. It is also generally aligned with the principles of AI established by the Organization for Economic Co-operation and Development (OECD). The OECD is a global organization created in 1961 to promote economic cooperation and development with nearly 40 members, including the United States. In 2019, the United States National Telecommunications and Information Administration joined the OECD in adopting global AI principles. Among other things, the OECD Principles on Artificial Intelligence provide that AI actors must:
“respect the rule of law, human rights and democratic values, throughout the life cycle of the AI system. These include freedom, dignity and autonomy, privacy and data protection, non-discrimination and equality, diversity, equity, social justice and internationally recognized labor rights.
“provide meaningful information… (i) to foster a general understanding of AI systems, (ii) to educate stakeholders about their interactions with AI systems, including in the workplace, (iii ) to enable those affected…to understand the result, and (iv) to enable aggrieved persons…to challenge its outcome”
While this latest plan for using AI is only a guide at this time, it signals the direction the federal government intends to take with future regulation and legislation regarding automated systems. and related technologies. And, it builds on a globally emerging set of principles that seek to ensure the appropriate use of AI, principles that we see embedded in US laws such as the law regulating “automated Employment Decision” taking effect in New York. in 2023.
Companies and employers using AI and automated systems should consider government guidance as well as emerging laws, regulations, and principles to guide their adoption and application of AI. This includes developing policies and procedures that establish protections to avoid potential discrimination or privacy breaches.
© 2022 Jackson LewisNational Law Review, Volume XII, Number 280