In Short
- The Australian Government's AI Ethics Framework sets out eight voluntary principles for the responsible use of AI.
- The Framework is not legally binding but supports public trust, fairness, safety, and accountability in AI systems.
- Following the Framework can benefit your business and complement existing legal obligations under privacy, consumer, and sector-specific laws.
Tips for Businesses
Although not mandatory, applying the AI Ethics Framework can
help your business build credibility, reduce risk, and demonstrate
a commitment to responsible AI use. Review your AI systems against
the eight principles and document how you assess fairness, privacy,
transparency, and accountability. This can support compliance with
broader regulatory obligations and improve stakeholder confidence
in your AI tools.
Artificial Intelligence (AI) has seamlessly integrated into our daily lives, aiding in simple tasks, like organising schedules through voice assistance and complex tasks, like predicting and preventing natural disasters. By now, we would have all heard of the rapid adoption rate of large language models like ChatGPT and Google Bard. With our growing dependence on AI, ensuring its safety, security, and reliability is paramount. While there is no AI-specific law or regulatory regime, the Australian Government has crafted the Artificial Intelligence Ethics Framework (AI Ethics Framework). This article explores the AI Ethics Framework and whether or not it applies to your business.
The AI Ethics Framework
The AI Ethics Framework is a voluntary code comprising eight guiding principles. These eight principles align with the OECD's Recommendation of the Council of Artificial Intelligence.
The AI Ethics Framework and its eight principles aim to responsibly guide businesses and the government in the "design, development, and implementation" of AI solutions. It positions Australia as a global leader in responsible and inclusive AI.
Complying With the AI Ethics Framework
The AI Ethics Framework is entirely voluntary and intends to be aspirational. In other words, it is not legally binding on any person or organisation.
However, there are benefits to adhering to the AI Ethics Framework when you design, develop, deploy or operate AI systems. This includes:
- building public confidence in your product or organisation;
- driving consumer loyalty in your AI system;
- positively influencing outcomes from AI systems; and
- ensuring all Australians benefit from your AI system.
Your business may have obligations under other general regulatory regimes (e.g. thePrivacy Act 1988(Cth) and the Australian Consumer Law). Sector-specific regulatory regimes may also apply (e.g. the Therapeutic Goods Act 1989 (Cth)). The AI Ethics Framework does not in any way affect these obligations.
The following section explores each of the eight principles in more detail.
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The Eight Guiding Principles
1. Human, Social, and Environmental Wellbeing
AI systems should benefit individuals, society, and the environment. Even AI designed for internal business purposes should consider its broader impacts on well-being and account for potential consequences.
AI systems that help address areas of global concern should be encouraged, like the United Nations' Sustainable Development Goals. Ideally, AI systems should benefit all human beings, including future generations.
When designing AI systems, you must consider its potential broader impacts on individual, social, and environmental well-being. You should thoroughly assess these impacts, whether positive or negative, throughout the entire lifecycle of the AI system. For example, consider its effects beyond your organisation's boundaries.
2. Human-Centred Values
AI systems must respect human rights, diversity, and individual autonomy. AI systems can only interfere with certain human rights where it is reasonable, necessary and proportionate. Likewise, they should not undermine democratic processes or undertake actions that threaten individual autonomy.
Additionally, AI systems should not engage in acts like:
- deception;
- manipulation;
- unjustified surveillance; and
- failing to maintain alignment between a disclosed purpose and true action.
Organisations designing, developing, deploying or operating AI systems should ideally hire staff from diverse backgrounds, cultures and disciplines. The aim is to ensure a wide range of perspectives and to minimise the risk of missing important considerations only noticeable by some stakeholders.
3. Fairness
AI systems should be inclusive, accessible, and free from unfair discrimination against individuals, communities or groups. Your business should address concerns regarding AI perpetuating societal injustices and disproportionately affecting vulnerable and underrepresented groups. Further, ensure compliance with anti-discrimination laws. This should include appropriate consultation with stakeholders who may be affected by the AI system and ensuring people receive equitable access and treatment.
4. Privacy Protection and Security
AI systems must uphold privacy rights and data protection while ensuring data security. Proper data governance and management throughout the AI system's lifecycle are vital. You should ensure proper data governance and management for all data your AI system uses and generates. For example, consider maintaining privacy through appropriate data anonymisation.
Additionally, identifying and addressing security vulnerabilities is necessary to prevent cyber-attacks. Security measures should also be in place for unintended applications of AI systems and potential abuse risks.
5. Reliability and Safety
AI systems should consistently operate according to their intended purpose without posing unreasonable safety risks. Safety measures should be proportionate to potential risks, with regular monitoring and testing to maintain their intended purpose. Your business should address identified problems through ongoing risk management.
6. Transparency and Explainability
Achieving transparency in AI systems through responsible disclosure is important to each stakeholder group for the following reasons:
- users - to know what the system is doing and why;
- creators (including those undertaking the validation and certification of AI), deployers and operators - to understand the systems' processes and input data;
- an accident investigator - to assist if accidents occur;
- regulators - to assist in the context of investigations;
- those in the legal process - to inform evidence and decision-making; and
- the public - to build confidence in the technology.
There should be transparency and responsible disclosure to help individuals understand when AI significantly impacts them. Users should be able to understand outcomes, like key factors used in decision-making, and obtain reasonable disclosures in a timely manner.
7. Contestability
A process should exist to challenge the use or outcomes of AI systems when they significantly impact individuals, communities, groups, or the environment. The threshold for 'significant impact' will depend on the context, impact and application of the AI system in question.
8. Accountability
Finally, your business should set up mechanisms to ensure responsibility and accountability for the outcomes of AI systems you design, develop, deploy and operate. For example, you might:
- ensure you can identify the organisation or individual accountable for the decision;
- consider the appropriate level of human control or oversight for the particular AI system; and
- provide timely, accurate, and complete information to independent oversight bodies.
2023 Key Data and Privacy Developments
This fact sheet outlines the changes to data and privacy protection in 2023.
Key Takeaways
While the AI Ethics Framework is entirely voluntary, there are benefits to adhering to it when you design, develop, deploy or operate AI systems. There may still be other regulatory regimes your business must comply with, such as the Australian Consumer Law. The AI Ethics Framework does not affect any other laws that might apply to you.
If you need assistance concerning your business' AI systems, our experienced artificial intelligence lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1800 532 904 orvisit our membership page.
Frequently Asked Questions
What is the AI Ethics Framework?
The AI Ethics Framework is a voluntary code that comprises eight principles. These principles intend to responsibly guide businesses and the government in the 'design, development, and implementation' of AI solutions.
Must I comply with the AI Ethics Framework?
No, the AI Ethics Framework is entirely voluntary. However, there are benefits to adhering to the AI Ethics Framework. These include building public confidence in your product or organisation, driving consumer loyalty in your AI system and positively influencing outcomes from AI systems.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
