A Legal Framework for Artificial Intelligence Fairness Reporting

NUS Law Working Paper No. 2022/007

(2022) 81 Cambridge Law Journal, Forthcoming

32 Pages Posted: 7 Jun 2022 Last revised: 22 Jul 2022

See all articles by Jia Qing Yap

Jia Qing Yap

Centre for Technology, Robotics, Artificial Intelligence and the Law, Faculty of Law, National University of Singapore

Ernest Lim

National University of Singapore (NUS) - Faculty of Law

Date Written: June 6, 2022

Abstract

Clear understanding of artificial intelligence (AI) usage risks and how they are being addressed is needed, which require proper and adequate corporate disclosure. We advance a legal framework for AI Fairness Reporting to which companies can and should adhere on a comply or explain basis. We analyse the sources of unfairness arising from different aspects of AI models and the disparities in the performance of machine learning systems. We evaluate how the machine learning literature has sought to address the problem of unfairness through the use of different fairness metrics. We then put forward a nuanced and viable framework for AI Fairness Reporting comprising: (a) disclosure of all machine learning models usage; (b) disclosure of fairness metrics used and the ensuing trade-offs; (c) disclosure of de-biasing methods used; and (d) release of datasets for public inspection or for third-party audit. We then apply this reporting framework to two case studies.

Keywords: artificial intelligence, machine learning, law, fairness, equality, discrimination, antidiscrimination, disclosure, reporting, companies, law and technology, shareholders, stakeholders, GDPR

Suggested Citation

Yap, Jia Qing and Lim, Ernest, A Legal Framework for Artificial Intelligence Fairness Reporting (June 6, 2022). NUS Law Working Paper No. 2022/007, (2022) 81 Cambridge Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4128641 or http://dx.doi.org/10.2139/ssrn.4128641

Jia Qing Yap

Centre for Technology, Robotics, Artificial Intelligence and the Law, Faculty of Law, National University of Singapore ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Ernest Lim (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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