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WPF comments to OMB regarding its Draft Memorandum on establishing new Federal Agency requirements for uses of AI

In December 2023, WPF submitted detailed comments to the U.S. Office of Management and Budget regarding its Request for Comments on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence Memorandum.  OMB published the request in the Federal Register on November 3, 2023. This particular Memorandum is of historic importance, as it articulates the establishment of new agency requirements in the areas of AI governance, innovation, and risk management, and would direct agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public.

New Report: Risky Analysis: Assessing and Improving AI Governance Tools

We are pleased to announce the publication of a new WPF report, “Risky Analysis: Assessing and Improving AI Governance Tools.” This report sets out a definition of AI governance tools, documents why and how these tools are critically important for trustworthy AI, and where these tools are around the world. The report also documents problems in some AI governance tools themselves, and suggests pathways to improve AI governance tools and create an evaluative environment to measure their effectiveness. AI systems should not be deployed without simultaneously evaluating the potential adverse impacts of such systems and mitigating their risks, and most of the world agrees about the need to take precautions against the threats posed. The specific tools and techniques that exist to evaluate and measure AI systems for their inclusiveness, fairness, explainability, privacy, safety and other trustworthiness issues — called in the report collectively AI governance tools – can improve such issues. While some AI governance tools provide reassurance to the public and to regulators, the tools too often lack meaningful oversight and quality assessments. Incomplete or ineffective AI governance tools can create a false sense of confidence, cause unintended problems, and generally undermine the promise of AI systems. The report contains rich background details, use cases, potential solutions to the problems discussed in the report, and a global index of AI Governance Tools.

A potential path forward after the Irish Data Protection Commission enforcement decision regarding Meta Ireland

The Irish Data Protection Commission (DPC) has determined that Meta Ireland infringed Article 46(1) of the GDPR when it “continued to transfer personal data from the EU/EEA to the USA following the delivery of the CJEU’s judgment in Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems.” The DPC has given Meta Ireland 6 months to find a solution. This is just enough time to create the possibility of a road forward; a possibility which is contained primarily in the effective implementation of proposed European – U.S. Data Privacy Framework on the part of the U.S. and the EU.

How New Procedural Controls Using the Privacy Act of 1974 Can Improve the Protections of Reproductive Health Information Held by Federal Agencies

September 2022 By Robert Gellman and Pam Dixon Download this Report Executive Summary This report suggests specific procedural and substantive ways that the Executive Branch can revise implementation of the Privacy Act of 1974 to restrict and more carefully administer some disclosures of reproductive health information by federal agencies to federal, state, and local law