HR Alert: AI Bill of Rights and What It Means

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In recent months with the popularity of ChatGPT, artificial intelligence has become prominent in the news. This has raised concerns about AI services and how they’ll impact jobs, creativity, and intellectual property. Automated systems have the potential to be harmful, but they also have many benefits. The purpose of an AI Bill of Rights is to protect the rights of the American public while allowing AI to improve their lives.

The White House Office of Science and Technology Policy identified five principles that should guide the design, use, and deployment of automated systems to protect the American public.

These principles are listed below:

Safe and Effective Systems:

  • You should be protected from unsafe or ineffective systems;
  • Systems should be developed with consultation from diverse experts to identify concerns, risks, and potential impacts;
  • Systems should undergo pre-deployment testing, risk identification and mitigation, and ongoing monitoring that demonstrate they are safe and effective;
  • Systems should not be made with the intent or foreseeable possibility of endangering safety; and
  • Systems should proactively protect you from harms.

Algorithmic Discrimination Protections:

  • Algorithms and systems should not discriminate against individuals and should be designed equitably;
  • Algorithmic discrimination happens when automated systems contribute to unjustified different treatment or impacts disfavoring people based on their race, color, ethnicity, sex, religion, age, national origin, disability, veteran status, genetic info, or any other protected classification; and
  • Independent evaluation and plain language reporting should be performed and made public whenever possible to confirm these protections.

Data Privacy:

  • You should be protected from abusive data practices via built-in protections, and you should have agency about how your data is used;
  • In order to use, collect, transfer, access, or delete your data your permission should be sought;
  • Design decisions should not hinder user choice or implement defaults that are privacy invasive; and
  • Continuous surveillance and monitoring should not be used in education, work, housing, or in other contexts where surveillance technology is likely to limit rights, opportunities, or access.

Notice and Explanation:

  • You should know that an automated system is being used and understand how and why it contributes to outcomes that impact you and
  • The overall system functioning and the role of automation should be put forth in plain language documentation.

Human Alternatives, Consideration, and Fallback:

  • You should be able to opt out and have access to a person who can consider and remedy problems you encounter;
  • This human consideration needs to be timely; and
  • Human consideration and fallback should be accessible, equitable, effective, maintained, accompanied by appropriate operator training, and should not impose an unreasonable burden on the public.

This framework applies to automated systems that have the potential to meaningfully impact the American public’s rights, opportunities, or access to critical resources or services.

These guidelines and any future legislation are important to consider if your company plans to utilize AI, whether in the hiring process or in day-to-day operations. You need a policy that is current and reflects the risks and the advantages of AI in the workplace. At The Coppola Firm, we know employment law and can help you with fast-changing circumstances and conditions. We’ve already developed AI policies for many industries and professions – and now is your time to act.

Feel free to reach out at or call us at 716-839-9700 if you have any questions. We’re always happy to help.

Lisa Coppola

Written by Lisa Coppola

Founder of The Coppola Firm

Lisa A. Coppola, Esq. understands the challenges her clients face, whether they’re starting a new business, taking their existing operations in a new direction, or facing a claim or threat.

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