Estadio intermedio de reflexión para una futura regulación de la ética en el espacio digital europeo: los principios de transparencia y accountability

Abstract

We start in the current digital space, due to the evolution of the technologies included in Digital intelligence, from a "mobile" terminology to three, namely IA-AI-BD, which makes it difficult to apply the regulations developed that only converge creating a certain perplexity or agnosticism in their differentiation. We also find the appearance of soft law in the form of Guidelines that presuppose we are in a first phase in the reflection of the ethics to be implemented in the MUD that supposes a brake on disruptive technology. And in this reflection, we conclude that the prevailing principles in the protection of the right to protection of personal data, and in particular the principles of transparency and responsibility in the processing of personal data, evolve towards the "right to explanation" of the algorithm logic and "proactive responsibility" or accountability. The reflection process provoked by the Comission through the launching of the document “White Paper on Artificial Intelligence – A European approach to excellence and trust”, in February 2020, took the European Parliament to propose, in October 2020, to implement the principles of GDPR into other instruments equally binding. Such is the case with the Proposal for a Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies, and the amendment of existing instruments, such as the Directive on liability for defective products, of which we can only give notice, since they saw the light just as this work was going to press.