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ARTICLE · 05 MARCH 2024

The Legal Implications Of Transparency Related To Artificial Intelligence

Transparency, when used as an important principle in constitutional law, is used as a tool to support accountability and good governance.

South AfricaTechnology

Transparency, when used as an important principle in constitutional law, is used as a tool to support accountability and good governance. Citizens want to see and understand the decisions of public officials, so that they can hold the officials and government accountable. Transparency is also a key principle found in most policy documents on ethical and responsible AI. While the notion of 'making visible and understandable' seems similar, transparency is a much more complex matter when dealing with AI.

The nature of AI, in particular machine-learning that adapt and change over time, is opaque and complex. This means that making some part of the algorithm visible to give effect to transparency is not helpful. Transparency in this context had to be redefined to include 'explainability', that is the ability to explain how the algorithmic decisions are made, and 'traceability', which provides information about the data sources and how they are managed.

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