On June 25, 2019, as part of their continuing work on the AI Auditing Framework, the UK Information Commissioner’s Office (ICO) published a blog setting out their views on human bias and discrimination in AI systems. The ICO has also called for input on specific questions relating to human bias and discrimination, set out below.

The ICO explains in its blog how flaws in training data can result in algorithms that perpetuate or magnify unfair biases. The ICO identifies three broad approaches to mitigate this risk in machine learning models:

  1. Anti-classification: making sure that algorithms do not make judgments based on protected characteristics such as sex, race or age, or on proxies for protected characteristics (e.g., occupation or post code);
  2. Outcome and error parity: comparing how the model treats different groups. Outcome parity means all groups should have equal numbers of positive and negative outcomes. Error parity means all groups should have equal numbers of errors (such as false positives or negatives). A model is fair if it achieves outcome parity and error parity across members of different protected groups.
  3. Equal calibration: comparing the model’s estimate of the likelihood of an event and the actual frequency of said event for different groups. A model is fair if it is equally calibrated between members of different protected groups.

The guidance stresses the importance of appropriate governance measures to manage the risks of discrimination in AI systems. Organizations may take different approaches depending on the purpose of the algorithm, but they should document the approach adopted from start to finish. The ICO also recommends that organizations adopt clear, effective policies and practices for collecting representative training data to reduce discrimination risk; that organizations’ governing bodies should be involved in approving anti-discrimination approaches; and that organizations continually monitor algorithms by testing them regularly to identify unfair biases. Organizations should also consider using a diverse team when implementing AI systems, which can provide additional perspectives that may help to spot areas of potential discrimination.

The ICO seeks input from industry stakeholders on two questions:

  • If your organisation is already applying measures to detect and prevent discrimination in AI, what measures are you using or have you considered using?
  • In some cases, if an organisation wishes to test the performance of their ML model on different protected groups, it may need access to test data containing labels for protected characteristics. In these cases, what are the best practices for balancing non-discrimination and privacy requirements?

The ICO also continues to seek input from industry on the development of an auditing framework for AI; organizations should contact the ICO if they wish to provide feedback.

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Photo of Lisa Peets Lisa Peets

Lisa Peets leads the intellectual property and technology and media groups in the firm’s London office. Ms. Peets divides her time between London and Brussels, and her practice embraces legislative advocacy, trade and IP enforcement. In this context, she has worked closely with…

Lisa Peets leads the intellectual property and technology and media groups in the firm’s London office. Ms. Peets divides her time between London and Brussels, and her practice embraces legislative advocacy, trade and IP enforcement. In this context, she has worked closely with leading multinationals in a number of sectors, including many of the world’s best-known software and hardware companies.

On behalf of her clients, Ms. Peets has been actively engaged in a wide range of law reform efforts in Europe, on multilateral, regional and national levels. This includes advocacy on EU and national initiatives relating to e-commerce, copyright, patents, data protection, technology standards, compulsory licensing, IPR enforcement and emerging technologies. Ms. Peets also counsels clients on trade related matters, including EU export controls and sanctions rules and WTO compliance.

In the IP enforcement space, Ms. Peets coordinates a team of lawyers and Internet investigators who direct civil and criminal enforcement actions in countries throughout Europe and who conduct global notice and takedown programs to combat Internet piracy.

Ms. Peets is a member of the European Commission’s Expert Group on reform of the IP Enforcement Directive.