Addressing AI bias and discrimination: A critical path to responsible AI

Law360 Canada (November 21, 2024, 1:24 PM EST) --

Michael Gallagher

As artificial intelligence (AI) technologies become increasingly integrated into various aspects of our lives, the imperative to address AI bias and discrimination has never been more critical. These issues pose significant risks to privacy, human rights and the equitable application of technology across society. This article explores the risks associated with AI bias and discrimination, outlines best practices for mitigating these biases and examines regulatory expectations in line with the Office of the Privacy Commissioner of Canada’s (OPC) principles and existing legislation.

Understanding the risks

AI systems, from decision-making algorithms in financial services to predictive policing tools, have the potential to impact individuals and communities significantly. However, when these systems are trained on historical data that contains biases, they can perpetuate and even amplify these biases. The implications are far-reaching, affecting everything from job opportunities to access to financial services and health care, often disproportionately impacting marginalized communities.

The risks to privacy and human rights stem from the opaque nature of many AI systems, which can obscure discriminatory decision-making processes and make it challenging to identify and address bias. This lack of transparency not only undermines trust in AI technologies but also hampers efforts to ensure these systems uphold principles of fairness and equity.

Best practices to mitigate bias

Mitigating bias in AI requires a multifaceted approach that encompasses both technical and organizational measures:

1. Diverse data sets: Ensuring that data used to train AI systems is representative of diverse populations can help reduce the risk of embedding biases in these systems.
2. Bias detection tools: Employing advanced tools and methodologies to detect bias in data sets and AI algorithms is crucial. Regularly auditing AI systems for biased outcomes can help identify and address issues as they arise.
3. Inclusive development teams: Diverse development teams can bring a range of perspectives that contribute to the identification and mitigation of potential biases in AI systems.
4. Ethical AI frameworks: Developing and adhering to ethical AI guidelines and frameworks can guide the responsible creation and deployment of AI technologies.

Regulatory expectations

The OPC’s principles on AI and privacy emphasize the importance of accountability, transparency and fairness in the development and deployment of AI systems. These principles align with broader legislative efforts, both in Canada and internationally, to regulate AI technologies and ensure they are used responsibly.

Businesses are expected to:

• Conduct impact assessments to understand the potential biases and privacy implications of their AI systems.
• Implement measures to mitigate identified risks, including biases.
• Maintain transparency about how AI systems make decisions, particularly when these decisions impact individuals’ rights or access to services.

The European Union’s General Data Protection Regulation (GDPR) and proposed regulations on AI also highlight the global movement towards more stringent oversight of AI technologies, with a strong focus on ethical standards, including fairness and non-discrimination.

Conclusion

Addressing AI bias and discrimination is not just a technical challenge; it’s a societal imperative that requires concerted efforts across the tech industry, regulatory bodies and civil society. By embracing best practices for mitigating bias and adhering to regulatory expectations, we can pave the way for AI technologies that enhance, rather than undermine, equity, privacy and human rights. As AI continues to evolve, our commitment to these principles will be paramount in ensuring that AI serves the good of all, not just the few.

Michael Gallagher is an associate in the business group at Cox & Palmer’s Halifax office. Email him at MGallagher@coxandpalmer.com.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.   

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