For Heads-of · Practitioner

Transparency

Also known as: AI transparency

The disclosure of information about an AI system to the people who need it: that AI is being used, what it does, what it is for and what risks it poses, in terms they can understand. For people whose personal data it uses, being informed is also a legal right.

  • transparency
  • disclosure
  • consent
  • Article 50
  • right to be informed

Definition

Transparency is about openness: users, regulators and affected people have access to factual information about the AI systems that affect them, in plain language rather than technical detail. A system can be transparent without being explainable; explainability is an account of why it produced a specific output, and an organisation usually needs both. The absence of the second is inadequate explainability for affected individuals.

Disclosure duties

The EU AI Act requires people to be told when they are interacting with an AI system or seeing AI-generated content (Article 50), and requires providers of high-risk systems to give deployers instructions for use (Article 13). Under UK GDPR, people have a right to be told how their personal data is used, including whether decisions about them are automated. NIST's Generative AI Profile calls for disclosure of capabilities and limitations. AI transparency and disclosure labelling is the control.

Transparency and consent

Consent is one lawful basis for processing personal data, not the only one, and for many AI uses another basis is more appropriate. Where consent is relied on, UK GDPR requires it to be freely given, specific, informed and unambiguous, and as easy to withdraw as to give. Transparency is required whatever the lawful basis: telling people is not the same as asking them. The register entry for failing to tell people they are dealing with AI is undisclosed AI interaction.

Related Terms

Related risks and controls

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