Towards “Trustworthy” Artificial Intelligence

Governments have become concerned with artificial intelligence’s (“AI“) responsible use given the continued proliferation of AI technologies across industries. Domestically, Canada has published a Directive on Automated Decision-Making. Globally, the European Commission’s High Level Expert Group on AI (the “HLEGA”) released its Ethics Guidelines for Trustworthy Intelligence (the “Guidelines”) in 23 languages earlier this year. The Guidelines follow a first draft released in December 2018, which received more than 500 comments through an open consultation.

HLEGA Guidelines

The Guidelines’ starting point is a helpful definition of AI systems which underscores the importance of data for AI.

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Use of AI Algorithm Triggers Lawsuit and Countersuit

As artificial intelligence (AI) becomes less of a curiosity and more of an everyday tool, disputes are increasingly arising over its operation and, when things go wrong, the question inevitably arises: whose fault is this and who’s liable? One high-profile example is the ongoing dispute between Hong Kong businessman Samathur Li Kin-kan and London-based Tyndaris Investments, in which Tyndaris is suing its client for $3 million in allegedly unpaid fees. In a countersuit, Mr. Li is claiming $23 million in damages allegedly resulting from Tyndaris’ use of algorithmic trading in managing his portfolio.

Tyndaris Case

The dispute centers around whether Tyndaris misled its client as to the AI’s capabilities, which means that the AI’s performance itself will be adjudicated.

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Canada Announces Advisory Council on Artificial Intelligence

On May 14, 2019, the Government of Canada announced the creation of its Advisory Council on Artificial Intelligence (“Council”). The objectives of the Council include creating more jobs for Canadians, supporting entrepreneurs, and improving Canada’s global position in artificial intelligence (“AI“) research and development.

The Council will consider and identify: (i) innovative approaches to build on Canada’s current AI strengths and to further develop AI; (ii) opportunities for economic growth in Canada; and (iii) other opportunities in the AI sector that will benefit Canadians.

The Council will also establish working groups, including a working group with respect to commercializing value from Canadian-owned AI and data analytics.

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Meaningful Human Review In Decisions by Automated Decision-makers

On April 12, 2019, the UK’s Information Commissioner’s Office published comprehensive guidance (“Guidance”) titled  Automated Decision Making: the role of meaningful human reviews, one of the first posts on its recently launched AI Auditing Framework Blog. Although not binding on Canadian companies (which are subject to different laws), the post (and the blog generally) provide helpful information for companies implementing artificial intelligence (“AI”).

Also relevant to Canadian organizations is the Canadian federal governments Directive on Automated Decision-making, (“Directive”) published April 1, 2019, and which applies to any Automated Decision System developed or procured by the federal government after April 1, 2020.

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