The role of fundamental rights

What fundamental rights can play a role in AI systems?

The most important fundamental right that plays a role in modelling is the right not to be discriminated against. The Dutch Constitution and international treaties state that discrimination based on gender, religion and nationality, among others, is prohibited. Every developer of AI models should ensure that the models they create comply with this.

Fundamental rights play a greater role within the government than with businesses and citizens. For example, the government has a duty to provide a social safety net and this right cannot be denied simply because a model says so. Also, people have a right to privacy so placing cameras that automatically recognize faces should not be allowed without proper reasons. The right to due process may also be compromised if a model starts handing out fines without involving a judge in the process.