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Official Journal of the European UnionEN L series 2024/1689 12.7.2024 REGULA TION (EU) 2024/1689 OF THE EUROPEAN P ARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1 139 and (EU) 2019/2144 and Dir ectives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (Text with EEA relevance) THE EUROPEAN P ARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16 and 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the European Central Bank (2), Having regard to the opinion of the Committee of the Regions (3), Acting in accordance with the ordinary legislative procedure (4), Whereas: (1)The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, the placing on the market, the putting into service and the use of artificial intelligence systems (AI systems) in the Union, in accordance with Union values, to promote the uptake of human centric and trustworthy artificial intelligence (AI) while ensuring a high level of protection of health, safety , fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union (the ‘Charter ’), including democracy , the rule of law and environmental protection, to protect against the harmful effects of AI systems in the Union, and to support innovation. This Regulation ensures the free movem ent, cross-border , of AI-based goods and services, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation. (2)This Regulation should be applied in accordance with the values of the Union enshrined as in the Charter , facilitating the protection of natural persons, undertakings, democracy , the rule of law and environmental protection, while boosting innovation and employment and making the Union a leader in the uptake of trustworthy AI. (3)AI systems can be easily deployed in a large variety of sectors of the economy and many parts of society , including across borders, and can easily circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that AI is trustworthy and safe and is developed and used in accordance with fundame ntal rights obligations. Diver ging national rules may lead to the fragmentation of the internal market and may decrease legal certainty for operators that develop, import or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured in order to achieve trustworthy AI, while diver gences hampering the free circulation, innovation, deployment and the uptake of AI systems and related products and services within the internal market should be prevented by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market on the basis of Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for remote biometric identification for the purpose of law enforcement, of the use of AI systems for risk assessments of natural persons for the purpose of law enforcement and of the use of AI systems of biometric categorisation for the purpose of law enforcement, it is appropriate to base this Regulation, in so far as those specific rules are concerned, on Article 16 TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board. (4)AI is a fast evolving family of technologies that contributes to a wide array of economic, environmental and societal benefits across the entire spectrum of industries and social activities. By improving prediction, optimising operations and resource allocation, and personalising digital solutions available for individuals and organisations, the use of AI can provide key competitive advantages to undertakings and support socially and environmentally beneficial outcomes, for example in healthcare, agriculture, food safety ,2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 1/110 education and training, media, sports, culture, infrastructure management, energy, transport and logistics, public services, security , justice, resource and energy efficiency , environmental monitoring, the conservation and restoration of biodiversity and ecosystems and climate change mitigation and adaptation. (5)At the same time, depending on the circumstances regarding its specific application, use, and level of technological development, AI may generate risks and cause harm to public interests and fundamental rights that are protected by Union law. Such harm might be material or immaterial, including physical, psychological, societal or economic harm. (6)Given the major impact that AI can have on society and the need to build trust, it is vital for AI and its regulatory framework to be developed in accordance with Union values as enshrined in Article 2 of the Treaty on European Union (TEU), the fundamental rights and freedoms enshrined in the Treaties and, pursuant to Article 6 TEU, the Charter . As a prerequisite, AI should be a human-centric technology . It should serve as a tool for people, with the ultimate aim of increasing human well-being. (7)In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, common rules for high-risk AI systems should be establish ed. Those rules should be consistent with the Charter , non-discriminatory and in line with the Union’ s international trade commitments. They should also take into account the European Declaration on Digital Rights and Principles for the Digital Decade and the Ethics guidelines for trustworthy AI of the High-Level Expert Group on Artificial Intelligence (AI HLEG). (8)A Union legal framework laying down harmonised rules on AI is therefore needed to foster the development, use and uptake of AI in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, including democracy , the rule of law and environmental protection as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market, the putting into service and the use of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. Those rules should be clear and robust in protecting fundamental rights, supportive of new innovative solutions, enabling a European ecosystem of public and private actors creating AI systems in line with Union values and unlocking the potential of the digital transformation across all regions of the Union. By laying down those rules as well as measures in support of innovation with a particular focus on small and medium enterprises (SMEs), including startups, this Regulation supports the objective of promoting the European human-centric approach to AI and being a global leader in the development of secure, trustworthy and ethical AI as stated by the European Council (5), and it ensures the protection of ethic al principles, as specifically requested by the European Parliament (6). (9)Harmonised rules applicable to the placing on the market, the putting into service and the use of high-risk AI systems should be laid down consistently with Regulation (EC) No 765/2008 of the European Parliament and of the Council (7), Decision No 768/2008/EC of the European Parliament and of the Council (8) and Regulation (EU) 2019/1020 of the European Parliament and of the Council (9) (New Legislative Framework). The harmonised rules laid down in this Regulation should apply across sectors and, in line with the New Legislative Framework, should be without prejudice to existing Union law, in particular on data protection, consumer protection, fundamental rights, employment, and protection of workers, and product safety , to which this Regulation is complementary . As a consequence, all rights and remedies provided for by such Union law to consumers, and other persons on whom AI systems may have a negative impact, including as regards the compensation of possible damages pursuant to Council Directive 85/374/EEC (10) remain unaffected and fully applica ble. Furthermore, in the context of employment and protection of workers, this Regulation should therefore not affect Union law on social policy and national labour law, in compliance with Union law, concerning employment and working conditions, including health and safety at work and the relationship between employers and workers. This Regulation should also not affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States as well as the right to negotiate, to conclude and enforce collective agreements or to take collecti ve action in accordance with national law. This Regulation should not affect the provisions aiming to improve working conditions in platform work laid down in a Directive of the European Parliament and of the Council on improving working conditions in platform work. Moreover , this Regulation aims to strengthen the effectiveness of such existing rights and remedies by establishing specific requirements and obligations, including in respect of the transparency , technical documentation and record-keeping of AI systems. Furthermore, the obligations placed on various operators involved in the AI value chain under this Regulation should apply without prejudice to national law, in compliance with Union law, having the effect of limiting the use of certain AI systems where such law falls outside the scope of this Regulation or pursues legitimate public interest objectives other than those pursued by this Regulation. For example, national labour law and law on the protection of minors, namely persons below the age of 18, taking into account the UNCRC General Comment No 25 (2021) on children’ s rights in relation to the digital environment, insofar as they are not specific to AI systems and pursue other legitimate public interest objectives, should not be af fected by this Regulation.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 2/110 (10)The fundamental right to the protection of personal data is safeguarded in particular by Regulations (EU) 2016/679 (11) and (EU) 2018/1725 (12) of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council (13). Directive 2002/58/EC of the European Parliament and of the Council (14) additionally protects private life and the confidentiality of communications, including by way of providing conditions for any storing of personal and non-personal data in, and access from, terminal equipment. Those Union legal acts provide the basis for sustainable and responsible data processing, including where data sets include a mix of personal and non-personal data. This Regulation does not seek to affect the application of existing Union law governing the processing of personal data, including the tasks and powers of the independent supervisory authorities competent to monitor compliance with those instruments. It also does not affect the obligations of providers and deployers of AI systems in their role as data controllers or processors stemming from Union or national law on the protection of personal data in so far as the design, the development or the use of AI systems involves the processing of personal data. It is also appropriate to clarify that data subjects continue to enjoy all the rights and guarantees awarded to them by such Union law, including the rights related to solely automated individual decision-making, including profiling. Harmonised rules for the placing on the market, the putting into service and the use of AI systems established under this Regulation should facilitate the effective implementation and enable the exercise of the data subjects’ rights and other remedies guaranteed under Union law on the protection of personal data and of other fundamental rights. (11)This Regulation should be without prejudice to the provisions regarding the liability of providers of intermediary services as set out in Regulation (EU) 2022/2065 of the Europ ean Parliament and of the Council (15). (12)The notion of ‘AI system’ in this Regul ation should be clearly defined and should be closely aligned with the work of international organisations working on AI to ensure legal certainty , facilitate international conver gence and wide acceptance, while providing the flexibility to accommodate the rapid technological developments in this field. Moreover , the definition should be based on key characteristics of AI systems that distinguish it from simpler traditio nal software systems or programming approaches and should not cover systems that are based on the rules defined solely by natural persons to automatically execute operations. A key characteristic of AI systems is their capability to infer. This capability to infer refers to the process of obtaining the outputs, such as predictions, content, recommend ations, or decisions, which can influence physical and virtual environments, and to a capability of AI systems to derive models or algorithms, or both, from inputs or data. The techniques that enable inference while building an AI system include machine learning approaches that learn from data how to achieve certain objectives, and logic- and knowledge-based approaches that infer from encoded knowledge or symbolic representation of the task to be solved. The capacity of an AI system to infer transcends basic data processing by enabling learning, reasoning or modelling. The term ‘machine-based’ refers to the fact that AI systems run on machines. The reference to explicit or implicit objectives underscores that AI systems can operate according to explicit defined objectives or to implicit objectives. The objectives of the AI system may be different from the intended purpose of the AI system in a specific context. For the purposes of this Regulation, environments should be understood to be the contexts in which the AI systems operate, where as outputs generated by the AI system reflect different functions performed by AI systems and include predictions, content, recommendations or decisions. AI systems are designed to operate with varying levels of autonomy , meaning that they have some degree of independence of actions from human involvement and of capabilities to operate without human intervention. The adaptiveness that an AI system could exhibit after deployment, refers to self-learning capabilities, allowing the system to change while in use. AI systems can be used on a stand-alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serves the functionality of the product without being integrated therein (non-embedded). (13)The notion of ‘deployer ’ referred to in this Regulation should be interpreted as any natural or legal person, including a public authority , agency or other body , using an AI system under its authority , except where the AI system is used in the course of a personal non-professional activity . Depending on the type of AI system, the use of the system may af fect persons other than the deployer . (14)The notion of ‘biometric data’ used in this Regulation should be interpreted in light of the notion of biometric data as defined in Article 4, point (14) of Regulation (EU) 2016/679, Article 3, point (18) of Regulation (EU) 2018/1725 and Article 3, point (13) of Directive (EU) 2016/680. Biometric data can allow for the authentication, identification or categorisation of natural persons and for the recognition of emotions of natural persons. (15)The notion of ‘biometric identification’ referred to in this Regulation should be defined as the automated recognition of physical, physiological and behavioural human features such as the face, eye movement, body shape, voice, prosody , gait, postur e, heart rate, blood pressure, odour , keystrokes characteristics, for the purpose of establishing an individua l’s identity by comparing biometric data of that individual to stored biometric data of individuals in a reference database, irrespective of whether the individual has given its consent or not. This excludes AI systems intended to be used for biometric verification, which includes authentication, whose sole purpose is to confirm that a specific natural person is the person he or she2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 3/110 claims to be and to confirm the identity of a natural person for the sole purpose of having access to a service, unlocking a device or having security access to premises. (16)The notion of ‘biometric categorisation’ referred to in this Regulation shoul d be defined as assigning natural persons to specific categories on the basis of their biometric data. Such specific categories can relate to aspects such as sex, age, hair colour , eye colour , tattoos, behavioural or personality traits, language, religion, membership of a national minority , sexual or political orienta tion. This does not include biometric categorisation systems that are a purely ancillary feature intrin sically linked to another commercial service, meaning that the feature cannot, for objective technical reasons, be used without the principal service, and the integration of that feature or functionality is not a means to circumvent the applicability of the rules of this Regulation. For example, filters categorising facial or body features used on online marketplaces could constitute such an ancillary feature as they can be used only in relation to the principal service which consists in selling a product by allowing the consumer to preview the display of the product on him or herself and help the consumer to make a purchase decision. Filters used on online social network services which categorise facial or body features to allow users to add or modify pictures or videos could also be considered to be ancillary feature as such filter cannot be used without the principal service of the social network services consisting in the sharing of content online. (17)The notion of ‘remote biometric identification system’ referred to in this Regulation should be defined functionally , as an AI system intended for the identification of natural persons without their active involvement, typically at a distance, through the comparison of a person’ s biometric data with the biometric data contained in a reference database, irrespectively of the particula r technology , processes or types of biometric data used. Such remote biometric identification systems are typically used to perceive multiple persons or their behaviour simultaneously in order to facilitate signifi cantly the identification of natural persons without their active involvement. This excludes AI systems intended to be used for biometric verification, which includes authentication, the sole purpose of which is to confirm that a specific natural person is the person he or she claims to be and to confirm the identity of a natural person for the sole purpose of having access to a service, unlocking a device or having security access to premises. That exclusion is justified by the fact that such systems are likely to have a minor impact on fundamental rights of natural persons compared to the remote biometric identification syste ms which may be used for the processing of the biometric data of a large number of persons without their active involvement. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously , near-instantaneously or in any event without a significant delay . In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real-t ime’ use of the AI systems concerned by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near -live’ material, such as video footage, generated by a camera or other device with similar functionality . In the case of ‘post’ systems, in contrast, the biometric data has already been captured and the comparison and identification occur only after a signific ant delay . This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned. (18)The notion of ‘emotion recognition system’ referred to in this Regulation should be defined as an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data. The notion refers to emotions or intentions such as happiness, sadness, anger , surprise, disgust, embarrassment, excitement, shame, contempt, satisfaction and amusement. It does not include physical states, such as pain or fatigue, including, for example, systems used in detecting the state of fatigue of professional pilots or drivers for the purpose of preventing accidents. This does also not include the mere detection of readily apparent expressions, gestures or movements, unless they are used for identifying or inferring emotions. Those expressions can be basic facial expre ssions, such as a frown or a smile, or gestures such as the movem ent of hands, arms or head, or characte ristics of a person’ s voice, such as a raised voice or whispering. (19)For the purposes of this Regulation the notion of ‘publicly accessible space’ should be understood as referring to any physical space that is accessible to an undetermined numb er of natural persons, and irrespective of whether the space in question is privately or publicly owned, irrespective of the activity for which the space may be used, such as for commerce, for example, shops, restaurants, cafés; for services, for example, banks, professional activities, hospitality; for sport, for example, swimming pools, gyms, stadiums; for transport, for example, bus, metro and railway stations, airports, means of transport; for entertainment, for example, cinemas, theatres, museums, concert and conference halls; or for leisure or otherwise, for example, public roads and squares, parks, forests, playground s. A space should also be classified as being publicly accessible if, regardless of potential capacity or security restrictions, access is subject to certain predetermined conditions which can be fulfilled by an undete rmined number of persons, such as the purchase of a ticket or title of transport, prior registration or having a certain age. In contrast, a space should not be considered to be publicly accessible if access is limited to specific and defined natural persons through either Union or national law directly related to public safety or security or through the clear manifestation of will by the person having the relevant authority over the space. The factual possibility of access alone, such as an unlocked door or an open gate in a fence, does not imply that the space is publicly accessible in the presence of indications or circumstances suggesting the contrary , such2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 4/110 as. signs prohibiting or restricting access. Company and factory premises , as well as offices and workplaces that are intended to be accessed only by relevant employees and service providers, are spaces that are not publicly accessible. Publicly accessible spaces should not include prisons or border control. Some other spaces may comprise both publicly accessible and non-publicly accessible spaces, such as the hallway of a private residential building necessary to access a doctor ’s office or an airport. Online spaces are not covered, as they are not physical spaces. Whether a given space is accessible to the public should however be determined on a case-by- case basis, having regard to the specificities of the individual situation at hand. (20)In order to obtain the greatest benefits from AI systems while protecting fundamental rights, health and safety and to enable democratic control, AI literacy should equip providers, deployers and affected persons with the necessary notions to make informed decisions regarding AI systems. Those notions may vary with regard to the relevant context and can include understanding the correct application of technical elements during the AI system’ s development phase, the measures to be applied during its use, the suitable ways in which to interpret the AI system’ s output, and, in the case of affected persons, the knowledge necessary to understand how decisions taken with the assistance of AI will have an impact on them. In the context of the application this Regulation, AI literacy should provide all relevant actors in the AI value chain with the insights required to ensure the appropria te compliance and its correct enforcem ent. Furthermore, the wide implementation of AI literacy measures and the introduction of appropriat e follow-up actions could contribute to improving working conditions and ultimately sustain the consolidation, and innovation path of trustworthy AI in the Union. The Euro pean Artificial Intelligence Board (the ‘Board’) should support the Commission, to promote AI literacy tools, public awareness and understanding of the benefits, risks, safeguards, rights and obligations in relation to the use of AI systems. In cooperation with the relevant stakeholders, the Commission and the Member States should facilitate the draw ing up of voluntary codes of conduct to advance AI literacy among persons dealing with the development, operation and use of AI. (21)In order to ensure a level playing field and an effective protection of rights and freedoms of individuals across the Union, the rules established by this Regulation should apply to providers of AI systems in a non- discriminatory manner , irrespective of whether they are established within the Union or in a third country , and to deployers of AI systems established within the Union. (22)In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are not placed on the market, put into service, or used in the Union. This is the case, for example, where an operator established in the Union contracts certain services to an operator established in a third country in relation to an activity to be performed by an AI system that would qualify as high-risk. In those circumstances, the AI system used in a third country by the operator could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To preven t the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and deployers of AI systems that are established in a third country , to the extent the output produced by those systems is intended to be used in the Union. Nonetheless, to take into account existing arrangements and special needs for future cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of cooperation or international agreements concluded at Union or national level for law enforcement and judicial cooperation with the Union or the Member States, provided that the relevant third country or international organisation provides adequate safeguards with respect to the protection of fundamental rights and freedoms of individuals. Where relevant, this may cover activities of entities entrusted by the third countries to carry out specific tasks in support of such law enforcement and judicial cooperation. Such framework for cooperation or agreements have been established bilaterally between Memb er States and third countries or between the European Union, Europol and other Union agencies and third countries and international organisations. The authorities competent for supervision of the law enforcement and judicial authorities under this Regulation should assess whether those frameworks for cooperation or international agreements include adequate safeguards with respect to the protection of fundamental rights and freedoms of individuals. Recipient national authorities and Union institutions, bodies, offices and agencies making use of such outputs in the Union remain accountable to ensure their use complies with Union law. When those international agreements are revised or new ones are concluded in the future, the contracting parties should make utmost efforts to align those agreements with the requirements of this Regulation. (23)This Regulation should also apply to Union institutions, bodies, offices and agencies when acting as a provider or deployer of an AI system. (24)If, and insofar as, AI systems are placed on the market, put into service, or used with or without modification of such systems for militar y, defence or national security purposes , those should be excluded from the scope of this Regulation regardless of which type of entity is carrying out those activities, such as whether it is a public or private entity . As regards military and defence purposes, such exclusion is justified both by Article 4(2) TEU and by the specificities of the Member States’ and the common Union defence policy covered by Chapter 2 of Title V TEU that are subject to public internatio nal law, which is therefore2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 5/110 the more appropriate legal framework for the regulation of AI systems in the context of the use of lethal force and other AI systems in the context of military and defence activities. As regards national security purposes, the exclusion is justified both by the fact that national security remains the sole responsibility of Member States in accordance with Article 4(2) TEU and by the specific nature and operational needs of national security activities and specific national rules applicable to those activ ities. Nonetheless, if an AI system developed, placed on the market, put into service or used for military , defence or national security purposes is used outside those tempora rily or permanently for other purpose s, for example, civilian or humanitarian purposes, law enforcemen t or public security purposes, such a system would fall within the scope of this Regulation. In that case, the entity using the AI system for other than military , defence or national security purposes should ensure the compliance of the AI system with this Regulation, unless the system is already compliant with this Regulation. AI systems placed on the market or put into service for an excluded purpose, namely military , defence or national security , and one or more non-excluded purposes, such as civilian purposes or law enforcement, fall within the scope of this Regulation and providers of those systems should ensure compliance with this Regulation. In those cases, the fact that an AI system may fall within the scope of this Regulation should not affect the possibility of entities carrying out national security , defence and milit ary activities, regardless of the type of entity carrying out those activities, to use AI systems for national security , military and defence purposes, the use of which is excluded from the scope of this Regulation. An AI system placed on the market for civilian or law enforcement purposes which is used with or without modification for military , defence or national security purposes should not fall within the scope of this Regulation, regardless of the type of entity carrying out those activities. (25)This Regulation should support innovation, should respect freedom of science, and should not undermine research and development activity . It is therefore necessary to exclude from its scope AI systems and models specifically developed and put into service for the sole purpose of scientific research and development. Moreover , it is necessary to ensure that this Regulation does not otherwise affect scientific research and development activity on AI systems or models prior to being placed on the market or put into service. As regards product-oriented research, testing and development activity regarding AI systems or models, the provisions of this Regulation should also not apply prior to those systems and models being put into service or placed on the marke t. That exclusion is without prejudice to the obligation to comply with this Regulation where an AI system falling into the scope of this Regulation is placed on the market or put into service as a result of such research and development activity and to the application of provisions on AI regulatory sandboxes and testing in real world conditions. Furthermore, without prejudice to the exclusion of AI systems specifically developed and put into service for the sole purpose of scientific research and development, any other AI system that may be used for the conduct of any research and development activity should remain subject to the provisions of this Regulation. In any event, any research and development activity should be carried out in accordance with recognised ethical and professional standards for scientific research and should be conducted in accordance with applicable Union law . (26)In order to introduce a proportionate and effective set of binding rules for AI systems, a clearly defined risk-based approach should be followed. That approach should tailor the type and content of such rules to the intensity and scope of the risks that AI systems can generate. It is therefore necessary to prohibit certain unacceptable AI practices, to lay down requirements for high-risk AI systems and obligations for the relevant operators, and to lay down transparency obligations for certain AI systems. (27)While the risk-based approach is the basis for a proportionate and effective set of binding rules, it is important to recall the 2019 Ethics guidelines for trustworthy AI developed by the independent AI HLEG appointed by the Commission. In those guidelines, the AI HLEG developed seven non-binding ethical principles for AI which are intended to help ensure that AI is trustworthy and ethically sound. The seven principles include human agency and oversight; technical robustness and safety; privacy and data governance; transparency; diversity , non-discrimination and fairness; societa l and environmental well- being and accountability . Without prejudice to the legally binding requirements of this Regulation and any other applicable Union law, those guide lines contribute to the design of coherent, trustworthy and human- centric AI, in line with the Charter and with the values on which the Union is founded. According to the guidelines of the AI HLEG, human agency and oversight means that AI systems are developed and used as a tool that serves people, respects human dignity and personal autonomy , and that is functioning in a way that can be appropriately controlled and overseen by humans. Technical robustness and safety means that AI systems are developed and used in a way that allows robustness in the case of problems and resilience against attempts to alter the use or performance of the AI system so as to allow unlawful use by third parties, and minimise unintended harm. Privacy and data governance means that AI systems are developed and used in accordance with privacy and data protection rules, while processing data that meets high standards in terms of quality and integrity . Transparency means that AI systems are developed and used in a way that allows appropriate traceab ility and explainability , while making humans aware that they communicate or interact with an AI system, as well as duly informing deployers of the capabilities and limitations of that AI system and affected persons about their rights. Diversity , non-discrimination and fairness means that AI systems are developed and used in a way that includes diverse actors and promotes equal access, gender equality and cultural diversity , while avoiding discriminatory impacts and unfair biases that are prohibited by Union or national law. Social and environmental well-being means that AI2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 6/110 systems are developed and used in a sustainable and environmentally friendly manner as well as in a way to benefit all human beings, while monitoring and assessing the long-term impacts on the individual, society and democracy . The application of those principles should be translated, when possible, in the design and use of AI models. They shou ld in any case serve as a basis for the drafting of codes of conduct under this Regulation. All stakeholders, including industry , academia, civil society and standardisation organisations, are encouraged to take into account, as appropriate, the ethical principles for the development of voluntary best practices and standards. (28)Aside from the many beneficial uses of AI, it can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and abusive and should be prohibited because they contradict Union values of respect for human dignity , freedom, equality , democracy and the rule of law and fundamental rights enshrined in the Charter , including the right to non-discrimination, to data protection and to privacy and the rights of the child. (29)AI-enabled manipulative techniques can be used to persuade persons to engage in unwanted behaviours, or to deceive them by nudging them into decisions in a way that subverts and impairs their autonomy , decision-making and free choices. The placing on the market, the putting into service or the use of certain AI systems with the objective to or the effect of materially distorting human behaviour , whereby significant harms, in particular having sufficiently important adverse impacts on physical, psychological health or financial interests are likely to occur , are particularly dangerous and should therefore be prohibited. Such AI systems deploy subliminal components such as audio, image, video stimuli that persons cannot perceive, as those stimul i are beyond human perception, or other manipulative or deceptive techniques that subvert or impair perso n’s autonomy , decision-making or free choice in ways that people are not consciously aware of those techniques or, where they are aware of them, can still be deceived or are not able to control or resist them. This could be facilitated, for example, by machine-brain interfaces or virtual reality as they allow for a higher degree of control of what stimuli are presented to persons, insofar as they may materially distort their behaviour in a significantly harmful mann er. In addition, AI systems may also otherwise exploit the vulnerab ilities of a person or a specific group of persons due to their age, disability within the meaning of Directive (EU) 2019/882 of the Europea n Parliament and of the Council (16), or a specific social or economic situation that is likely to make those persons more vulnerable to exploitation such as persons living in extreme poverty , ethnic or religious minorities. Such AI systems can be placed on the market, put into service or used with the objective to or the effect of materially distorting the behaviour of a person and in a manner that causes or is reasonably likely to cause significant harm to that or another person or groups of persons, including harms that may be accumulated over time and should therefore be prohibited. It may not be possible to assume that there is an intention to distort behaviour where the distortion results from factors external to the AI system which are outside the control of the provider or the deployer , namely factors that may not be reasonably foreseeable and therefore not possible for the provider or the deployer of the AI system to mitigate. In any case, it is not necessary for the provider or the deployer to have the intention to cause significant harm, provided that such harm results from the manipulative or exploitative AI-enabled practices. The prohibitions for such AI practices are complementary to the provisions contained in Directive 2005/29/EC of the European Parliament and of the Council (17), in particular unfair commercial practices leading to economic or financial harm s to consumers are prohibited under all circumstances, irrespective of whether they are put in place through AI systems or otherwise. The prohibitions of manipulative and exploitative practices in this Regulation should not affect lawful practices in the context of medical treatment such as psychological treatment of a mental disease or physical rehabilitation, when those practices are carried out in accordance with the applicable law and medical standards, for example explicit consent of the individuals or their legal representatives. In addition, common and legitimate commercial practices, for example in the field of advertising, that comply with the applicable law should not, in themselves, be regarded as constituting harmful manipulative AI-enabled practices. (30)Biometric categorisation systems that are based on natural persons’ biometric data, such as an individual person’ s face or fingerprint, to deduce or infer an individuals’ political opinions, trade union membership, religious or philosophical beliefs, race, sex life or sexual orientation should be prohibited. That prohibition should not cover the lawful labelling, filtering or categorisation of biometric data sets acquired in line with Union or national law according to biometric data, such as the sorting of images according to hair colour or eye colour , which can for example be used in the area of law enforcement. (31)AI systems providing social scoring of natural persons by public or private actors may lead to discriminatory outcomes and the exclusion of certain groups. They may viola te the right to dignity and non-discrimination and the values of equality and justice. Such AI systems evaluate or classify natural persons or groups thereof on the basis of multiple data points related to their social behaviour in multiple contexts or known, inferred or predicted personal or personality characteristi cs over certain periods of time. The social score obtained from such AI systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour . AI systems entailing such unacceptable scoring practices and leading to such detriment al or unfavourable outcomes should therefore be prohibited. That2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 7/110 prohibition should not affect lawful evaluation practices of natural persons that are carried out for a specific purpose in accordance with Union and national law . (32)The use of AI systems for ‘real-time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is particularly intrusive to the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discrimina tory effects. Such possible biased results and discriminatory effects are particularly relevant with regard to age, ethnicity , race, sex or disabilities. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in real-time carry heightened risks for the rights and freedoms of the persons concerned in the context of, or impacted by , law enforcement activities. (33)The use of those systems for the purpose of law enforcement should therefore be prohibited, except in exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for certain victims of crime including missing persons; certain threats to the life or to the physical safety of natural persons or of a terrorist attack; and the localisation or identification of perpetrators or suspects of the criminal offences listed in an annex to this Regulation, where those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least four years and as they are defined in the law of that Member State. Such a threshold for the custodial sentence or detention order in accordance with national law contributes to ensuring that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover , the list of criminal offences provided in an annex to this Regulation is based on the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA (18), taking into account that some of those offences are, in practice, likely to be more relevant than others, in that the recourse to ‘real- time’ remote biometric identification could, foreseeably , be necessary and proportionate to highly varying degrees for the practical pursuit of the localisation or identification of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negati ve consequences. An imminent threat to life or the physical safety of natural persons could also result from a serious disruption of critical infrastructure, as defined in Article 2, point (4) of Directive (EU) 2022/2557 of the European Parliament and of the Council (19), where the disruption or destruction of such critical infrastructure would result in an imminent threat to life or the physical safety of a person, including through serious harm to the provision of basic supplies to the population or to the exercise of the core function of the State. In addition, this Regulation should preserve the ability for law enforcement, border control, immigration or asylum autho rities to carry out identity checks in the presence of the person concerned in accordance with the conditions set out in Union and national law for such checks. In particular , law enforcement, border control, immigration or asylum authorities should be able to use information systems, in accordance with Union or national law, to identify persons who, during an identity check, either refuse to be identified or are unable to state or prove their identity , without being required by this Regulation to obtain prior authorisation. This could be, for example, a person involved in a crime, being unwilling, or unable due to an accident or a medical condition, to disclose their identity to law enforcement authorities. (34)In order to ensure that those systems are used in a responsible and proportionate manner , it is also important to establish that, in each of those exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be deployed only to confirm the specifically targeted individual’ s identity and should be limited to what is strictly necessary concerning the period of time, as well as the geographic and personal scope, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator . The use of the real-time remote biometric identification system in publicly accessible spaces should be authorised only if the relevant law enforcement authority has completed a fundamental rights impact assessment and, unless provided otherwise in this Regulation, has registered the system in the database as set out in this Regulation. The reference database of persons should be appropriate for each use case in each of the situations mentioned above. (35)Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State whos e decision is binding. Such authorisation should, in principle, be obtained prior to the use of the AI system with a view to identifying a person or persons. Exceptions to that rule should be allowed in duly justified situations on grounds of urgency , namely in situations where the need to use the systems concerned is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use of the AI system. In such situations of urgency , the use of the AI system should be restricted to the absolu te minimum necessary and2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 8/110 should be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations request such authorisation while providing the reasons for not having been able to request it earlier , without undue delay and at the latest within 24 hours. If such an authorisation is rejected, the use of real-time biometric identification systems linked to that authorisation should cease with immediate effect and all the data related to such use should be discarded and deleted. Such data includes input data directly acquired by an AI system in the course of the use of such system as well as the results and outputs of the use linked to that authorisation. It shoul d not include input that is legally acquired in accordance with another Union or national law. In any case, no decision producing an adverse legal effect on a person should be taken based solely on the output of the remote biometric identification system. (36)In order to carry out their tasks in accordance with the requirements set out in this Regulation as well as in national rules, the relevant market surve illance authority and the national data protection authority should be notified of each use of the real-time biometric identification system. Market surveillance authorities and the national data protection authorities that have been notified should submit to the Commission an annual report on the use of real-time biometric identification systems. (37)Furthermore, it is appropriate to provide , within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation shou ld only be possible where and in as far as the Member State concerned has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently , Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identified in this Regulation. Such national rules should be notified to the Commission within 30 days of their adoption. (38)The use of AI systems for real-time remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner . Therefore, such use and processing should be possible only in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the compet ent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In that context, this Regulation is not intended to provide the legal basis for the processing of personal data under Artic le 8 of Directive (EU) 2016/680. However , the use of real-time remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give ef fect to that authorisation. (39)Any processing of biometric data and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of real-time remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation, should continue to comply with all requireme nts resulting from Article 10 of Directive (EU) 2016/680. For purposes other than law enforcement, Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 prohibit the processing of biometric data subject to limited exceptions as provided in those Articles. In the application of Article 9(1) of Regulation (EU) 2016/679, the use of remote biometric identification for purposes other than law enforcement has already been subject to prohibition decisions by national data protection authorities. (40)In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as annexed to the TEU and to the TFEU, Ireland is not bound by the rules laid down in Article 5(1), first subparagraph, point (g), to the extent it applies to the use of biometric categorisation systems for activities in the field of police cooperation and judicial cooperation in criminal matters, Article 5(1), first subparagraph, point (d), to the extent it applies to the use of AI systems covered by that provision, Article 5(1), first subparagraph, point (h), Article 5(2) to (6) and Article 26(10) of this Regulation adopte d on the basis of Article 16 TFEU which relate to the processing of personal data by the Member States when carrying out activities falling within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU, where Ireland is not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down on the basis of Article 16 TFEU. (41)In accordance with Articles 2 and 2a of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not bound by rules laid down in Article 5(1), first subparagraph, point (g), to the extent it applies to the use of biometric categorisation systems for activities in the field of police cooperation and judicial cooperation in criminal matters, Article 5(1), first subparagraph, point (d), to the extent it applies to the use of AI systems covered by that provision, Article 5(1), first subparagraph, point2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 9/110 (h), (2) to (6) and Article 26(10) of this Regulation adopted on the basis of Article 16 TFEU, or subject to their application, which relate to the processing of personal data by the Member States when carrying out activities falling within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU. (42)In line with the presumption of innocence, natural persons in the Union should always be judged on their actual behaviour . Natural persons should never be judged on AI-predicted behaviour based solely on their profiling, personality traits or characteristics, such as nationality , place of birth, place of residence, number of children, level of debt or type of car, without a reasonable suspicion of that person being involved in a criminal activity based on objective verifiable facts and without human assessment thereof. Therefore, risk assessments carried out with regard to natural persons in order to assess the likelihood of their offending or to predict the occurrence of an actual or potential criminal offence based solely on profiling them or on assessing their personality traits and characteristics should be prohibited. In any case, that prohibition does not refer to or touch upon risk analytics that are not based on the profiling of individuals or on the personality traits and characteristics of individuals, such as AI systems using risk analytics to assess the likelihood of financial fraud by undertakings on the basis of suspicious transactions or risk analytic tools to predict the likelihoo d of the localisation of narcotics or illicit goods by customs authorities, for example on the basis of known traf ficking routes. (43)The placing on the market, the putting into service for that specific purpose, or the use of AI systems that create or expand facial recognition databases through the untar geted scraping of facial images from the internet or CCTV footage, should be prohibited because that practice adds to the feeling of mass surveillance and can lead to gross violations of fundamental rights, including the right to privacy . (44)There are serious concerns about the scientific basis of AI systems aiming to identify or infer emotions, particularly as expression of emotions vary considerably across cultures and situations, and even within a single individual. Among the key shortcomings of such systems are the limited reliability , the lack of specificity and the limited generalisability . Therefore, AI systems identifying or inferring emotions or intentions of natural persons on the basis of their biometric data may lead to discriminatory outcomes and can be intrusive to the rights and freedoms of the concerned persons. Considering the imbalance of power in the context of work or education, combined with the intrusive nature of these systems, such systems could lead to detrimental or unfavourable treatment of certain natural persons or whole groups thereof. Therefore, the placing on the market, the putting into service, or the use of AI systems intended to be used to detect the emotional state of individuals in situations related to the workplace and education should be prohibited. That prohibition should not cover AI systems placed on the market strictly for medical or safety reasons, such as systems intended for therapeutical use. (45)Practices that are prohibited by Union law, including data protection law, non-discrimination law, consumer protection law , and competition law , should not be af fected by this Regulation. (46)High-risk AI systems should only be placed on the Union market, put into service or used if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. On the basis of the New Legislative Framework, as clarified in the Commission notice ‘The “Blue Guide” on the implementation of EU product rules 2022’ (20), the general rule is that more than one legal act of Union harmonisation legislation, such as Regulations (EU) 2017/745 (21) and (EU) 2017/746 (22) of the European Parliament and of the Council or Directive 2006/42/EC of the European Parliament and of the Council (23), may be applicable to one product, since the making available or putting into service can take place only when the product complies with all applicable Union harmonisation legislation. To ensure consistency and avoid unnecessary administrative burdens or costs, providers of a product that contain s one or more high-risk AI systems, to which the requirements of this Regulation and of the Union harmonisation legislation listed in an annex to this Regulation apply , should have flexibility with regard to operational decisions on how to ensure compliance of a product that contains one or more AI systems with all applicable requirements of the Union harmonisation legislation in an optimal manner . AI systems identif ied as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation should minimise any potential restriction to international trade. (47)AI systems could have an adverse impact on the health and safety of persons, in particular when such systems operate as safety components of products. Consistent with the objectives of Union harmonisation legislation to facilitate the free moveme nt of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly , in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. (48)The extent of the adverse impact caused by the AI system on the fundamen tal rights protected by the Charter is of particular relevance when classifying an AI system as high risk. Those rights include the right2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 10/110 to human dignity , respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, the right to non-discrimination, the right to education, consumer protection, workers’ rights, the rights of persons with disabilities, gender equality , intellectual property rights, the right to an effective remedy and to a fair trial, the right of defence and the presumption of innocence, and the right to good administration. In addition to those rights, it is important to highlight the fact that children have specific rights as enshrined in Article 24 of the Charter and in the United Nations Convention on the Right s of the Child, further developed in the UNCRC General Comment No 25 as regards the digital environment, both of which require consid eration of the children’ s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons. (49)As regards high-risk AI systems that are safety components of products or systems, or which are themselves products or systems falling within the scope of Regulation (EC) No 300/2008 of the European Parliament and of the Council (24), Regulation (EU) No 167/2013 of the European Parliament and of the Council (25), Regulation (EU) No 168/2013 of the European Parliament and of the Council (26), Directive 2014/90/EU of the European Parliament and of the Council (27), Directive (EU) 2016/797 of the European Parliament and of the Council (28), Regulation (EU) 2018/858 of the European Parliament and of the Council (29), Regulation (EU) 2018/1 139 of the European Parliament and of the Council (30), and Regulation (EU) 2019/2144 of the European Parliament and of the Council (31), it is appropriate to amend those acts to ensure that the Commission takes into account, on the basis of the technical and regulatory specificities of each sector , and without interfering with existing governance, conformity assessment and enforcement mechanisms and authorities established therein, the mandatory requirements for high-risk AI systems laid down in this Regulation when adopting any relevant delegated or implementing acts on the basis of those acts. (50)As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation listed in an annex to this Regulation, it is appropriate to classify them as high-ri sk under this Regulation if the product concerned under goes the conformity assessment procedure with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular , such products are machinery , toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, in vitr o diagnostic medical devices, automotive and aviation. (51)The classification of an AI system as high-risk pursuant to this Regulation should not necessarily mean that the product whose safety component is the AI system, or the AI system itself as a product, is considered to be high-risk under the criteria establishe d in the relevant Union harmonisation legislation that applies to the product. This is, in particular , the case for Regulations (EU) 2017/745 and (EU) 2017/746, where a third- party conformity assessment is provided for medium-risk and high-risk products. (52)As regards stand-alone AI systems, namely high-risk AI systems other than those that are safety components of products, or that are themselves products, it is appropriate to classify them as high-risk if, in light of their intended purpose, they pose a high risk of harm to the health and safety or the fundamental rights of persons, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in this Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems that the Commission should be empowered to adopt, via delegated acts, to take into account the rapid pace of technological development, as well as the potential changes in the use of AI systems. (53)It is also important to clarify that there may be specific cases in which AI systems referred to in pre-defined areas specified in this Regulation do not lead to a significant risk of harm to the legal interests protected under those areas because they do not materially influence the decision-making or do not harm those interests substantially . For the purposes of this Regulation, an AI system that does not materially influence the outcome of decision-making should be understood to be an AI system that does not have an impact on the substance, and thereby the outcome, of decision-making, whether human or automated. An AI system that does not materially influence the outcome of decision-making could include situations in which one or more of the following conditions are fulfilled. The first such condition should be that the AI system is intended to perform a narrow procedural task, such as an AI system that transforms unstructured data into structured data, an AI system that classifies incoming documents into categories or an AI system that is used to detect duplicates among a large number of applications. Those tasks are of such narrow and limited nature that they pose only limited risks which are not increased through the use of an AI system in a context that is listed as a high-risk use in an annex to this Regulation. The second condition should be that the task performed by the AI system is intended to improve the result of a previously completed human activity that may be relevant for the purposes of the high-risk uses listed in an annex to this Regulation. Considering those character istics, the AI system provides only an additional layer to a human2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 11/110 activity with consequently lowered risk. That condition would, for example, apply to AI systems that are intended to improve the language used in previously drafted documents, for example in relation to professional tone, academic style of language or by aligning text to a certain brand messaging. The third condition should be that the AI system is intended to detect decision-making patterns or deviations from prior decision-making patterns. The risk would be lowered because the use of the AI system follows a previously completed human assessment which it is not meant to replace or influence, without proper human review . Such AI systems include for instance those that, given a certain grading pattern of a teacher , can be used to check ex post whether the teacher may have deviated from the grading pattern so as to flag potential inconsistencies or anomalies. The fourth condition should be that the AI system is intended to perform a task that is only preparatory to an assessment relevant for the purposes of the AI systems listed in an annex to this Regulation, thus making the possible impact of the output of the system very low in terms of representing a risk for the assessment to follow . That condition covers, inter alia, smart solutions for file handling, which include various functions from indexing, searching, text and speech processing or linking data to other data sources, or AI systems used for translation of initial documents. In any case, AI systems used in high-risk use-cases listed in an annex to this Regulation should be considered to pose significant risks of harm to the health, safety or fundamental rights if the AI system implies profiling within the meaning of Article 4, point (4) of Regulation (EU) 2016/679 or Article 3, point (4) of Directive (EU) 2016/680 or Article 3, point (5) of Regulation (EU) 2018/1725. To ensure traceability and transparency , a provider who considers that an AI system is not high-risk on the basis of the conditions referred to above should draw up documentation of the assessment before that system is placed on the market or put into service and should provide that documentation to national competent authorities upon request. Such a provider should be obliged to register the AI system in the EU database established under this Regulation. With a view to providing further guidance for the practical implementation of the conditions under which the AI systems listed in an annex to this Regulation are, on an exceptional basis, non-high-risk, the Commission should, after consulting the Board, provide guidelines specifying that practical implementation, completed by a comprehensive list of practical examples of use cases of AI systems that are high-risk and use cases that are not. (54)As biometric data constitutes a special category of personal data, it is appropriate to classify as high-risk several critical-use cases of biometric systems, insofar as their use is permitted under relevant Union and national law. Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. The risk of such biased results and discriminatory effects is particularly relevant with regard to age, ethnicity , race, sex or disabilities. Remote biometric identification systems should therefore be classified as high-risk in view of the risks that they pose. Such a classification exclu des AI systems intended to be used for biometric verification, including authentication, the sole purpose of which is to confirm that a specific natural person is who that person claims to be and to confirm the identity of a natural person for the sole purpose of having access to a service, unlocking a device or having secure access to premises. In addition, AI systems intended to be used for biometric categorisation according to sensitive attributes or characteristics protected under Article 9(1) of Regulation (EU) 2016/679 on the basis of biometric data, in so far as these are not prohibited under this Regulation, and emotion recognition systems that are not prohibited under this Regulation, should be classified as high-risk. Biometric systems which are intended to be used solely for the purpose of enabling cybersecurity and personal data protection measures should not be considered to be high-risk AI systems. (55)As regards the management and operation of critical infrastructure, it is appropriate to classify as high-risk the AI systems intended to be used as safety components in the management and operation of critical digital infrastructure as listed in point (8) of the Annex to Directive (EU) 2022 /2557, road traffic and the supply of water , gas, heating and electricity , since their failure or malfunctioni ng may put at risk the life and health of persons at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities. Safety components of critical infrastructure, including critical digital infrastructure, are systems used to directly protect the physical integrity of critical infrastructure or the health and safety of persons and property but which are not necessary in order for the system to function. The failure or malfunctioning of such components might directly lead to risks to the physical integrity of critical infrastructure and thus to risks to health and safety of persons and property. Components intended to be used solely for cybersecurity purposes should not qualify as safety components. Examples of safety components of such critical infrastructure may include systems for monitoring water pressure or fire alarm controlling systems in cloud computing centres. (56)The deployment of AI systems in education is important to promote high-quality digital education and training and to allow all learners and teachers to acquire and share the necessary digital skills and competences, including media literacy , and critical thinking, to take an active part in the economy , society , and in democratic processes. However , AI systems used in education or vocational training, in particular for determining access or admission, for assigning persons to educational and vocational training institutions or programmes at all levels , for evaluating learning outcomes of persons, for assessing the appropriate level of education for an individual and materially influencing the level of education and training that individuals will receive or will be able to access or for monitoring and detecting prohibited behaviour of students during tests should be classified as high-risk AI systems, since they may determine2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 12/110 the educational and professional course of a person’ s life and therefore may affect that person’ s ability to secure a livelihood. When improperly designed and used, such systems may be particularly intrusive and may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. (57)AI systems used in employment, worker s management and access to self-emplo yment, in particular for the recruitment and selection of persons, for making decisions affecting terms of the work-related relationship, promotion and termination of work-related contractual relationships, for allocating tasks on the basis of individual behaviour , personal traits or characteristics and for monitoring or evaluation of persons in work- related contractual relationships, should also be classified as high-risk, since those systems may have an appreciable impact on future career prospects, livelihoods of those persons and workers’ rights. Relevant work-related contractual relationships should, in a meaningful manner , involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of such persons may also undermine their fundamental rights to data protection and privacy . (58)Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular , natural persons applying for or receiving essential public assistance benefits and services from public authorities namely healthcare services, social security benefits, social services providing protection in cases such as maternity , illness, industrial accidents, dependency or old age and loss of employment and social and housing assistance, are typically dependent on those benefits and servi ces and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be granted, denied, reduced, revoked or reclaimed by authorities, including whether beneficiaries are legitimately entitled to such benefits or services, those systems may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non-discrimination, human dignity or an effective remedy and should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. In addition, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity , and telecommunication services. AI systems used for those purposes may lead to discrimination between persons or groups and may perpetuate historical patterns of discrimination, such as that based on racial or ethnic origins, gender , disabilities, age or sexual orientation, or may create new forms of discriminatory impacts. However , AI systems provided for by Union law for the purpose of detecting fraud in the offering of financial services and for prudential purposes to calculate credit institutions’ and insurance undertakings’ capital requirements should not be considered to be high-risk under this Regulation. Moreover , AI systems intended to be used for risk assessment and pricing in relation to natural persons for health and life insurance can also have a significant impact on persons’ livelihood and if not duly designed, developed and used, can infringe their fundamental rights and can lead to serious consequences for people’ s life and health, including financial exclusion and discrimination. Finally , AI systems used to evaluate and classify emer gency calls by natural persons or to dispatch or establish priority in the dispatching of emer gency first response services, including by police, firefighte rs and medical aid, as well as of emer gency healthcare patient triage systems, should also be classified as high-risk since they make decisions in very critical situations for the life and health of persons and their property . (59)Given their role and responsibility , actions by law enforcement authorities involving certain uses of AI systems are characterised by a significa nt degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’ s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter . In particular , if the AI system is not trained with high-quality data, does not meet adequate requirements in terms of its performance, its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner . Furthermore, the exerc ise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular , where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk, insofar as their use is permitted under relevant Union and national law, a numbe r of AI systems intended to be used in the law enforcement context where accuracy , reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountabili ty and effective redress. In view of the nature of the activities and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by or on behalf of law enforcement authorities or by Union institutions, bodies, offices, or agencies in support of law enforcement authorities for assessing the risk of2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 13/110 a natural person to become a victim of criminal offences, as polygraphs and similar tools, for the evaluation of the reliability of eviden ce in in the course of investigation or prosecution of criminal offences, and, insofar as not prohibited under this Regulation, for assessing the risk of a natural person offending or reoffending not solely on the basis of the profiling of natural persons or the assessment of personality traits and characteristics or the past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of crimi nal offences. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities as well as by financial intelligence units carrying out administrative tasks analysing information pursuant to Union anti- money laundering law should not be classified as high-risk AI systems used by law enforcement authorities for the purpose of prevention, detection , investigation and prosecution of crimi nal offences. The use of AI tools by law enforcement and other relevant authorities should not become a factor of inequality , or exclusion. The impact of the use of AI tools on the defence rights of suspects should not be ignored, in particular the difficulty in obtaining meaningful information on the functionin g of those systems and the resulting dif ficulty in challenging their results in court, in particular by natural persons under investigation. (60)AI systems used in migration, asylum and border control management affect persons who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. The accuracy , non-discriminatory nature and transparency of the AI systems used in those contexts are therefore particularly important to guarantee respect for the fundamental rights of the affected persons, in particular their rights to free movement, non-discrimination, protection of private life and personal data, international protection and good administration. It is therefor e appropriate to classify as high-risk, insofar as their use is permitted under relevant Union and national law, AI systems intended to be used by or on behalf of competent public authorities or by Union institutions, bodies, offices or agencies charged with tasks in the fields of migration, asylum and border control management as polygraphs and similar tools, for assessing certain risks posed by natural persons entering the territory of a Member State or applying for visa or asylum, for assisting competent public authorities for the examination, including related assessment of the reliability of evidence, of applications for asylum, visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status, for the purpose of detecting, recognising or identifying natural persons in the context of migration, asylum and border control management, with the exception of verification of travel documents. AI systems in the area of migration, asylum and border control management covered by this Regulation should comply with the relevant proced ural requirements set by the Regulation (EC) No 810/2009 of the European Parliament and of the Council (32), the Directive 2013/32/EU of the European Parliament and of the Council (33), and other relevant Union law. The use of AI systems in migration, asylum and border control management should, in no circu mstances, be used by Member States or Union institutions, bodies, offices or agencies as a means to circumvent their international obligations under the UN Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol of 31 January 1967. Nor should they be used to in any way infringe on the principle of non-refoulement, or to deny safe and effective legal avenues into the territory of the Union, including the right to international protection. (61)Certain AI systems intended for the administration of justice and democratic processes should be classified as high-risk, considering their potentially significant impact on democracy , the rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. In particular , to address the risks of potential biases, errors and opacity , it is appropriate to qualify as high-risk AI systems intended to be used by a judicial authority or on its behalf to assist judicial authorities in researching and interpreting facts and the law and in applying the law to a concrete set of facts. AI systems intended to be used by alternative dispute resolution bodies for those purposes should also be considered to be high-risk when the outcomes of the alternative dispute resolution proceedings produce legal effects for the parties. The use of AI tools can support the decision-making power of judges or judicial independence, but should not replace it: the final decision-making must remain a human-driven activity . The classification of AI systems as high-risk should not, however , extend to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymis ation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks. (62)Without prejudice to the rules provided for in Regulation (EU) 2024/900 of the European Parliament and of the Council (34), and in order to address the risks of undue external interference with the right to vote enshrined in Article 39 of the Charter , and of adverse effects on democracy and the rule of law, AI systems intended to be used to influence the outcome of an election or referendum or the voting behaviour of natural persons in the exercise of their vote in elections or referenda should be classified as high-risk AI systems with the exception of AI systems whose output natural persons are not directly exposed to, such as tools used to organise, optimise and structure political campaigns from an administrative and logistical point of view . (63)The fact that an AI system is classified as a high-risk AI system under this Regulation should not be interpreted as indicating that the use of the system is lawful under other acts of Union law or under national law compatible with Union law, such as on the protection of personal data, on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. Any such use should2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 14/110 continue to occur solely in accordance with the applicable requirements resulting from the Charter and from the applicable acts of secondary Union law and national law. This Regulation should not be understood as providing for the legal ground for processing of personal data, including special categories of personal data, where relevant, unless it is specifically otherwise provided for in this Regulation. (64)To mitigate the risks from high-risk AI systems placed on the market or put into service and to ensure a high level of trustworthiness, certain mandatory requirements should apply to high-risk AI systems, taking into account the intended purpose and the context of use of the AI system and according to the risk- management system to be established by the provider . The measures adopted by the providers to comply with the mandatory requirements of this Regulation should take into account the generally acknowledged state of the art on AI, be proportionate and effective to meet the objectives of this Regulation. Based on the New Legislative Framework, as clarified in Commission notice ‘The “Blue Guide” on the implementation of EU product rules 2022’, the general rule is that more than one legal act of Union harmonisation legislation may be applicable to one product, since the making available or putting into service can take place only when the product complies with all applicable Union harmonisation legislation. The hazards of AI systems covered by the requirements of this Regulation concern different aspects than the existing Union harmonisation legislation and therefore the requirements of this Regulation would complement the existing body of the Union harmonisation legislation. For example, machinery or medical devices products incorporating an AI system might present risks not addressed by the essential health and safety requirements set out in the relevant Union harmonised legislation, as that sectoral law does not deal with risks specific to AI systems. This calls for a simultaneous and complementary application of the various legislative acts. To ensure consistency and to avoid an unnecessary administrative burden and unnecessary costs, providers of a product that contains one or more high-risk AI system, to which the requirements of this Regulation and of the Union harmonisation legislation based on the New Legislative Framework and listed in an annex to this Regulation apply , should have flexibility with regard to operational decisions on how to ensure compliance of a product that contains one or more AI system s with all the applicable requirements of that Union harmonised legislation in an optimal manner . That flexibility could mean, for example a decision by the provider to integrate a part of the necessary testing and reporting processes, information and documentation require d under this Regulation into already existing documentation and procedures required under existing Union harmonisation legislation based on the New Legislative Framework and listed in an annex to this Regulation. This should not, in any way , undermine the obligation of the provider to comply with all the applicable requirements. (65)The risk-management system should consist of a continuous, iterative process that is planned and run throughout the entire lifecycle of a high-risk AI system. That process should be aimed at identifying and mitigating the relevant risks of AI systems on health, safety and fundamental rights. The risk-management system should be regularly reviewed and updated to ensure its continuing effectiveness, as well as justification and documentation of any significant decisions and actions taken subject to this Regulation. This process should ensure that the provider identifies risks or adverse impacts and implements mitigation measures for the known and reasonably foreseeable risks of AI systems to the health, safety and fundamental rights in light of their intended purpose and reasonably foresee able misuse, including the possible risks arising from the interact ion between the AI system and the environment within which it operates. The risk-management system should adopt the most appropriate risk-management measures in light of the state of the art in AI. When identifying the most appropriate risk-management measures, the provider should document and explain the choices made and, when relevant, involve experts and external stakeholders. In identifying the reasonably foreseeable misuse of high-risk AI systems, the provider should cover uses of AI systems which, while not directly covered by the intended purpose and provided for in the instruction for use may nevertheless be reasonably expected to result from readily predictable human behaviour in the context of the specific characteristics and use of a particular AI system. Any known or foreseeable circumstances related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, which may lead to risks to the health and safety or fundamental rights should be included in the instructions for use that are provided by the provider . This is to ensure that the deployer is aware and takes them into account when using the high-risk AI system. Identifying and implementing risk mitigation measures for foreseeable misuse under this Regulation should not require specific additional training for the high-risk AI system by the provider to address foreseeable misuse. The providers however are encouraged to consid er such additional training measures to mitigate reasonable foreseeable misuses as necessary and appropriate. (66)Requirements should apply to high-risk AI systems as regards risk management, the quality and relevance of data sets used, technical documentation and record-keeping, transparency and the provision of information to deployers, human oversight, and robustness, accuracy and cybersecurity . Those requirements are necessary to effectively mitigate the risks for health, safety and fundamental rights. As no other less trade restrictive measures are reasonably available those requirements are not unjustified restrictions to trade. (67)High-quality data and access to high-quality data plays a vital role in providing structure and in ensuring the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 15/110 become a source of discrimination prohibited by Union law. High-quality data sets for training, validation and testing require the implementation of appropriate data governance and management practices. Data sets for training, validation and testing, including the labels, should be relevant, sufficiently representative, and to the best extent possible free of errors and complete in view of the intended purpose of the system. In order to facilitate compliance with Union data protection law, such as Regulation (EU) 2016/679, data governance and management practices should include, in the case of personal data, transparency about the original purpose of the data collection. The data sets should also have the appropriate statistical properties, including as regards the persons or groups of persons in relation to whom the high-risk AI system is intended to be used, with specific attention to the mitigation of possible biases in the data sets, that are likely to affect the health and safety of persons, have a negative impact on fundamental rights or lead to discrimination prohibited under Union law, especially where data outputs influence inputs for future operations (feedback loops). Biases can for example be inherent in underlying data sets, especially when historical data is being used, or generated when the systems are implemented in real world settings. Results provided by AI systems could be influenced by such inherent biases that are inclined to gradually increase and thereby perpetuate and amplify existing discrimination, in particular for persons belonging to certain vulnerable groups, including racial or ethnic groups. The requirement for the data sets to be to the best extent possible complete and free of errors should not affect the use of privacy-preserving techniques in the context of the development and testing of AI systems. In particular , data sets should take into account, to the extent required by their intended purpose, the features, characteristics or elements that are particular to the specific geographical, contextual, behavioural or functional setting which the AI system is intended to be used. The requirements related to data governance can be complied with by having recourse to third parties that offer certified compliance services including verification of data governance, data set integrity , and data training, validation and testing practices, as far as compliance with the data requirements of this Regulation are ensured. (68)For the development and assessment of high-risk AI systems, certain actors, such as providers, notified bodies and other relevant entities, such as European Digital Innovation Hubs, testing experimentation facilities and researchers, should be able to access and use high-quality data sets within the fields of activities of those actors which are related to this Regulation. European common data spaces established by the Commission and the facilitation of data sharing between businesses and with government in the public interest will be instrumental to provide trustful, accountable and non-discriminatory access to high-quality data for the training, validation and testing of AI systems. For example, in health, the European health data space will facilitate non-discriminatory access to health data and the training of AI algorithms on those data sets, in a privacy-preserving, secure, timely , transparent and trustworthy manner , and with an appropriate institutional governance. Relevant competent authorities, including sectoral ones, providing or supporting the access to data may also support the provision of high-quality data for the training, validation and testing of AI systems. (69)The right to privacy and to protection of personal data must be guaranteed throughout the entire lifecycle of the AI system. In this regard, the principles of data minimisation and data protection by design and by default, as set out in Union data protection law, are applicable when personal data are processed. Measures taken by providers to ensure complianc e with those principles may include not only anonymisation and encryption, but also the use of technology that permits algorithms to be brought to the data and allows training of AI systems without the transmission between parties or copying of the raw or structured data themselves, without prejudice to the requirements on data governance provided for in this Regulation. (70)In order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers should, exceptionally , to the extent that it is strictly necessary for the purpose of ensuring bias detection and correction in relation to the high-risk AI systems, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons and following the application of all applicable conditions laid down under this Regu lation in addition to the conditions laid down in Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, be able to process also special categories of personal data, as a matter of substantial public interest within the meaning of Article 9(2), point (g) of Regulation (EU) 2016/679 and Article 10(2), point (g) of Regulation (EU) 2018/1725. (71)Having comprehensible information on how high-risk AI systems have been developed and how they perform throughout their lifetime is essential to enable traceability of those systems, verify compliance with the requirements under this Regulation, as well as monitoring of their operations and post market monitoring. This requires keeping records and the availability of technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements and facilitate post market monitoring. Such information should include the general characteristics, capabilities and limitations of the system , algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk-management system and drawn in a clear and comprehensive form. The technical documentation should be kept up to date, appropriately throughout the lifetime of the AI system. Furthermore, high-risk AI systems should technically allow for the automatic recording of events, by means of logs, over the duration of the lifetime of the system. (72)To address concerns related to opacity and complexity of certain AI systems and help deployers to fulfil their obligations under this Regulation, transparency should be required for high-risk AI systems before2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 16/110 they are placed on the market or put it into service. High-risk AI systems should be designed in a manner to enable deployers to understand how the AI system works, evaluate its functio nality , and comprehend its strengths and limitations. High-risk AI systems should be accompanied by appropriate information in the form of instructions of use. Such information should include the characteristics, capabilities and limitations of performance of the AI system. Those would cover information on possib le known and foreseeable circumstances related to the use of the high-risk AI system, including deployer action that may influence system behaviour and performance, under which the AI system can lead to risks to health, safety , and fundamental rights, on the changes that have been pre-determined and assessed for conformity by the provider and on the relevant human oversight measures, including the measures to facilitate the interpretation of the outputs of the AI system by the deployers. Transparency , including the accompanying instructions for use, should assist deployers in the use of the system and support informed decision making by them. Deployers should, inter alia, be in a better position to make the correct choice of the system that they intend to use in light of the obligations applicable to them, be educate d about the intended and precluded uses, and use the AI system correctly and as appropriate. In order to enhance legibility and accessibility of the information included in the instructions of use, where appropriate, illustrative examples, for instance on the limitation s and on the intended and precluded uses of the AI system, should be included. Providers should ensure that all documentation, including the instructions for use, contains meaningful, comprehensive, accessible and understandable information, taking into account the needs and foreseeable knowledge of the target deployers. Instructions for use should be made available in a language which can be easily understood by tar get deployers, as determined by the Member State concerned. (73)High-risk AI systems should be designed and developed in such a way that natural persons can oversee their functioning, ensure that they are used as intended and that their impacts are addressed over the system’ s lifecycle. To that end, appropri ate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular , where appropriate, such measures should guarantee that the system is subject to in-built operational constraints that cannot be overridden by the system itself and is responsive to the human operator , and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role. It is also essential, as appropriate, to ensure that high-risk AI systems include mechanisms to guide and inform a natural person to whom human oversight has been assigned to make informed decisions if, when and how to intervene in order to avoid negative consequences or risks, or stop the system if it does not perform as intended. Considering the significant consequences for persons in the case of an incorrect match by certain biometric identification systems, it is appropriate to provide for an enhanced human oversight requirement for those systems so that no action or decision may be taken by the deployer on the basis of the identification resulting from the system unless this has been separately verified and confirmed by at least two natural persons. Those persons could be from one or more entities and include the person operating or using the system. This requirement should not pose unnecessary burden or delays and it could be sufficient that the separate verificatio ns by the different persons are automatically recorded in the logs generated by the system. Given the specificities of the areas of law enforcement, migration, border control and asylum, this requirement should not apply where Union or national law considers the application of that requirement to be disproportionate. (74)High-risk AI systems should perform consistently throughout their lifecycle and meet an appropriate level of accuracy , robustness and cybersecurity , in light of their intended purpose and in accordance with the generally acknowledged state of the art. The Commission and relevant organis ations and stakeholders are encouraged to take due consideration of the mitigation of risks and the negative impacts of the AI system. The expected level of performance metrics should be declared in the accompanying instructions of use. Providers are urged to communicate that information to deployers in a clear and easily understandable way, free of misunderstandings or misleading statements. Union law on legal metro logy, including Directives 2014/31/EU (35) and 2014/32/EU (36) of the European Parliament and of the Council, aims to ensure the accuracy of measurements and to help the transparency and fairness of commercial transactions. In that context, in cooperation with relevant stakeholders and organisation, such as metrology and benchmarking authorities, the Commission should encourage, as appropriate, the development of benchmarks and measurement methodologies for AI systems. In doing so, the Commission should take note and collaborate with international partners working on metrology and relevant measurement indicators relating to AI. (75)Technical robustness is a key requirement for high-risk AI systems. They should be resilient in relation to harmful or otherwise undesirable behaviour that may result from limitations within the systems or the environment in which the systems operate (e.g. errors, faults, inconsistenci es, unexpected situations). Therefore, technical and organisational measures should be taken to ensure robustness of high-risk AI systems, for example by designing and developing appropriate technical solutions to prevent or minimise harmful or otherwise undesirable behaviour . Those technical solution may include for instance mechanisms enabling the system to safely interrupt its operation (fail-safe plans) in the presence of certain anomalies or when operation takes place outside certa in predetermined boundaries. Failure to protect against these risks could lead to safety impacts or negatively affect the fundamental rights, for example due to erroneous decisions or wrong or biased outputs generated by the AI system.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 17/110 (76)Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour , performance or compromise their security properties by malicious third parties exploiting the system’ s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks or membership inference), or exploit vulnerabilities in the AI system’ s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures, such as security controls, should therefore be taken by the providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure. (77)Without prejudice to the requirements related to robustness and accuracy set out in this Regulation, high- risk AI systems which fall within the scope of a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements, in accordance with that regulation may demonstrate compliance with the cybersecurity requiremen ts of this Regulation by fulfilling the essential cybersecurity requirements set out in that regulation. When high-risk AI systems fulfil the essential requirements of a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements, they should be deemed compliant with the cybersecurity requirements set out in this Regulation in so far as the achievement of those requirements is demonstrated in the EU declaration of conformity or parts thereof issued under that regulation. To that end, the assessment of the cybersecurity risks, associated to a product with digital elements classified as high-risk AI system according to this Regulation, carried out under a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements, should consider risks to the cyber resilience of an AI system as regards attempts by unauthorised third parties to alter its use, behaviour or performance, including AI specific vulnerabilities such as data poisoning or adversarial attacks, as well as, as relevant, risks to fundamental rights as required by this Regulation. (78)The conformity assessment procedure provided by this Regulation should apply in relation to the essential cybersecurity requirements of a product with digital elements covered by a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and classified as a high-risk AI system under this Regulation. However , this rule should not result in reducing the necessary level of assuranc e for critical products with digital elements covered by a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements. Therefore, by way of derogation from this rule, high-risk AI systems that fall within the scope of this Regulation and are also qualified as important and critical products with digital elements pursuant to a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and to which the conformity assessment procedure based on internal control set out in an annex to this Regulation applies, are subject to the conformity assessment provisions of a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements insofar as the essential cybersecurity requirements of that regulation are concerned. In this case, for all the other aspects covered by this Regulation the respective provisions on conformity assessment based on internal control set out in an annex to this Regulation should apply . Building on the knowledge and expertise of ENISA on the cybersecurity policy and tasks assigned to ENISA under the Regulation (EU) 2019/881 of the European Parliament and of the Council (37), the Commission should cooperate with ENISA on issues related to cybersecurity of AI systems. (79)It is appropriate that a specific natural or legal person, defined as the provider , takes responsibility for the placing on the market or the putting into service of a high-risk AI system, regardless of whether that natural or legal person is the person who designed or developed the system. (80)As signatories to the United Nations Convention on the Rights of Persons with Disabilities, the Union and the Member States are legally obliged to protect persons with disabilities from discrimination and promote their equality , to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and to ensure respect for privacy for persons with disabilities. Given the growing importance and use of AI systems, the application of universal design principles to all new technologies and services should ensure full and equal access for everyone potentially affected by or using AI technologies, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity . It is therefore essential that providers ensure full compliance with accessibility requirements, including Directive (EU) 2016/2102 of the European Parliament and of the Council (38) and Directive (EU) 2019/882. Providers should ensure compliance with these requirements by design. Therefore, the necessary measures should be integrated as much as possible into the design of the high-risk AI system. (81)The provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation and establish a robust post- market monitoring system. Providers of high-risk AI systems that are subject to obligations regarding quality management systems under relevant sectoral Union law should have the possibility to include the elements of the quality management system provided for in this Regulation as part of the existing quality management system provided for in that other sectoral Union law. The complementarity between this2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 18/110 Regulation and existing sectoral Union law should also be taken into accoun t in future standardisation activities or guidance adopted by the Commission. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and or ganisation of the public authority concerned. (82)To enable enforcement of this Regulation and create a level playing field for operators, and, taking into account the different forms of making available of digital products, it is important to ensure that, under all circumstances, a person established in the Union can provide authorities with all the necessary information on the compliance of an AI system. Therefore, prior to making their AI systems available in the Union, providers established in third countries should, by written mandate, appoint an authorised representative established in the Union. This authorised representative plays a pivotal role in ensuring the compliance of the high-risk AI systems placed on the market or put into service in the Union by those providers who are not established in the Union and in serving as their contact person established in the Union. (83)In light of the nature and complexity of the value chain for AI systems and in line with the New Legislative Framework, it is essential to ensure legal certainty and facilitate the compliance with this Regulation. Therefore, it is necessary to clarify the role and the specific obligations of relevant operators along that value chain, such as importers and distributors who may contribute to the development of AI systems. In certain situations those operators could act in more than one role at the same time and should therefore fulfil cumulatively all relevant obligations associated with those roles. For exam ple, an operator could act as a distributor and an importer at the same time. (84)To ensure legal certainty , it is necessary to clarify that, under certain specific conditions, any distributor , importer , deployer or other third-party should be considered to be a provider of a high-risk AI system and therefore assume all the relevant obligations. This would be the case if that party puts its name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligations are allocated otherwise. This would also be the case if that party makes a substantial modification to a high-risk AI system that has already been placed on the market or has already been put into service in a way that it remains a high-risk AI system in accordance with this Regulation, or if it modifies the intended purpose of an AI system, including a general-purpose AI system, which has not been classified as high-risk and has already been placed on the market or put into service, in a way that the AI system becomes a high-risk AI system in accordance with this Regulation. Those provisions should apply without prejudice to more specific provisions established in certain Union harmonisation legislation based on the New Legislative Framework, together with which this Regulation should apply . For example, Article 16(2) of Regulation (EU) 2017/745, establ ishing that certain changes should not be considered to be modifications of a device that could affect its compliance with the applicable requirements, should continue to apply to high-risk AI systems that are medical devices within the meaning of that Regulation. (85)General-purpose AI systems may be used as high-risk AI systems by themselves or be components of other high-risk AI systems. Therefore, due to their particular nature and in order to ensure a fair sharing of responsibilities along the AI value chain, the providers of such systems should, irrespective of whether they may be used as high-risk AI systems as such by other providers or as compone nts of high-risk AI systems and unless provided otherwise under this Regulation, closely cooperate with the providers of the relevant high-risk AI systems to enable their compliance with the relevant obligations under this Regulation and with the competent authorities established under this Regulation. (86)Where, under the conditions laid down in this Regulation, the provider that initially placed the AI system on the market or put it into service should no longer be considered to be the provider for the purposes of this Regulation, and when that provider has not expressly excluded the change of the AI system into a high-risk AI system, the former provider should nonetheless closely coopera te and make available the necessary information and provide the reasonably expected technical access and other assistance that are required for the fulfilment of the obligations set out in this Regulation, in particular regarding the compliance with the conformity assessment of high-risk AI systems. (87)In addition, where a high-risk AI system that is a safety component of a product which falls within the scope of Union harmonisation legislation based on the New Legislative Frame work is not placed on the market or put into service independently from the product, the product manufacturer defined in that legislation should comply with the oblig ations of the provider established in this Regulation and should, in particular , ensure that the AI system embedded in the final product complies with the requirements of this Regulation. (88)Along the AI value chain multiple parties often supply AI systems, tools and services but also components or processes that are incorporated by the provider into the AI system with various objectives, including the model training, model retraining, model testing and evaluation, integration into software, or other aspects of model development. Those parties have an important role to play in the value chain towards the provider of the high-risk AI system into which their AI systems, tools, services, components or processes are integrated, and should provide by written agreement this provider with the necessary information, capabilities, technical access and other assistance based on the generally acknowledged state of the art, in2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 19/110 order to enable the provider to fully comply with the obligations set out in this Regulation, without compromising their own intellectual property rights or trade secrets. (89)Third parties making accessible to the public tools, services, processes, or AI components other than general-purpose AI models, should not be mandated to comply with requirements targeting the responsibilities along the AI value chain, in particular towards the provider that has used or integrated them, when those tools, services, processes, or AI components are made accessible under a free and open- source licence. Developers of free and open-source tools, services, processes, or AI components other than general-purpose AI models should be encouraged to implement widely adopte d documentation practices, such as model cards and data sheets, as a way to accelerate information sharing along the AI value chain, allowing the promotion of trustworthy AI systems in the Union. (90)The Commission could develop and recommend voluntary model contractual terms between providers of high-risk AI systems and third parties that supply tools, services, components or processes that are used or integrated in high-risk AI systems, to facilitate the cooperation along the value chain. When developing voluntary model contractual terms, the Commission should also take into account possible contractual requirements applicable in specific sectors or business cases. (91)Given the nature of AI systems and the risks to safety and fundamental rights possibly associated with their use, including as regards the need to ensure proper monitoring of the performance of an AI system in a real-life setting, it is appropriate to set specific responsibilities for deployers. Deployers should in particular take appropriate technical and organisational measures to ensure they use high-risk AI systems in accordance with the instructions of use and certain other obligations should be provided for with regard to monitoring of the functioning of the AI systems and with regard to record-keeping, as appropriate. Furthermore, deployers should ensure that the persons assigned to implement the instructions for use and human oversight as set out in this Regulation have the necessary competence, in particular an adequate level of AI literacy , training and authority to properly fulfil those tasks. Those obligations should be without prejudice to other deployer obligations in relation to high-risk AI systems under Union or national law. (92)This Regulation is without prejudice to obligations for employers to inform or to inform and consult workers or their representatives under Union or national law and practice, including Directive 2002/14/EC of the European Parliament and of the Council (39), on decisions to put into service or use AI systems. It remains necessary to ensure information of workers and their representatives on the planned deployment of high-risk AI systems at the workplace where the conditions for those information or information and consultation obligations in other legal instruments are not fulfilled. Moreover , such information right is ancillary and necessary to the objective of protecting fundamental rights that underlies this Regulation. Therefore, an information requirement to that effect should be laid down in this Regulation, without affecting any existing rights of workers. (93)Whilst risks related to AI systems can result from the way such systems are designed, risks can as well stem from how such AI systems are used. Deployers of high-risk AI system therefore play a critical role in ensuring that fundamental rights are protected, complementing the obligations of the provider when developing the AI system. Deployers are best placed to understand how the high-risk AI system will be used concretely and can therefore identify potential significant risks that were not foreseen in the development phase, due to a more precise knowledge of the context of use, the persons or groups of persons likely to be affected, including vulnerable groups. Deployers of high-risk AI systems listed in an annex to this Regulation also play a critical role in informing natural persons and should, when they make decisions or assist in making decisions related to natural persons, where applicable, inform the natural persons that they are subject to the use of the high-risk AI system. This information should include the intended purpose and the type of decisions it makes. The deployer should also inform the natural persons about their right to an explanation provided under this Regulation. With regard to high-risk AI systems used for law enforcement purposes, that obligation should be implemented in accordance with Article 13 of Directive (EU) 2016/680. (94)Any processing of biometric data involved in the use of AI systems for biometric identification for the purpose of law enforcement needs to comply with Article 10 of Directive (EU) 2016/680, that allows such processing only where strictly necessary , subject to appropriate safeguards for the rights and freedoms of the data subject, and where authorised by Union or Member State law. Such use, when authorised, also needs to respect the principles laid down in Article 4 (1) of Directive (EU) 2016/680 including lawfulness, fairness and transparency , purpose limitation, accuracy and storage limitation. (95)Without prejudice to applicable Union law, in particular Regulation (EU) 2016/679 and Directive (EU) 2016/680, considering the intrusive nature of post-remote biometric identification systems, the use of post- remote biometric identification systems should be subject to safeguards. Post-remote biometric identification systems should always be used in a way that is proportionate, legitimate and strictly necessary , and thus targeted, in terms of the individuals to be identified, the location, temporal scope and based on a closed data set of legally acquired video footage. In any case, post-remote biometric identification systems should not be used in the framework of law enforcement to lead to indiscriminate surveillance. The conditions for post-remote biometric identification should in any case not provide a basis2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 20/110 to circumvent the conditions of the prohibition and strict exceptions for real time remote biometric identification. (96)In order to efficiently ensure that fundamental rights are protected, deployers of high-risk AI systems that are bodies governed by public law, or private entities providing public services and deployers of certain high-risk AI systems listed in an annex to this Regulation, such as banking or insurance entities, should carry out a fundamental rights impact assessment prior to putting it into use. Services important for individuals that are of public nature may also be provided by private entities. Private entities providing such public services are linked to tasks in the public interest such as in the areas of education, healthcare, social services, housing, administration of justice. The aim of the fundamental rights impact assessment is for the deployer to identify the specific risks to the rights of individuals or groups of individuals likely to be affected, identify measures to be taken in the case of a materialisation of those risks. The impact assessment should be performed prior to deploying the high-risk AI system, and should be updated when the deployer considers that any of the relevant factors have changed. The impact assessment should identify the deployer ’s relevant processes in which the high-risk AI system will be used in line with its intended purpose, and should include a description of the period of time and frequency in which the system is intended to be used as well as of specific categories of natural persons and groups who are likely to be affected in the specific context of use. The assessment should also include the identification of specific risks of harm likely to have an impac t on the fundamental rights of those persons or groups. While performing this assessment, the deployer should take into account information relevant to a proper assessment of the impact, including but not limited to the information given by the provider of the high- risk AI system in the instructions for use. In light of the risks identified, deployers should determine measures to be taken in the case of a materialisation of those risks, including for example governance arrangements in that specific context of use, such as arrangements for human oversight according to the instructions of use or, complaint handling and redress procedures, as they could be instrumental in mitigating risks to fundamental rights in concrete use-cases. After performing that impact assessment, the deployer should notify the relevant market surveillance authority . Where appropriate, to collect relevant information necessary to perform the impact assessment, deployers of high-risk AI system, in particular when AI systems are used in the public sector , could involve relevant stakeholders, including the representatives of groups of persons likely to be affected by the AI system, independent experts, and civil society organisations in conducting such impact assessments and designing measures to be taken in the case of materialisation of the risks. The European Artificial Intelligence Office (AI Office) should develop a template for a questionnaire in order to facilitate compliance and reduce the administrative burden for deployers. (97)The notion of general-purpose AI models should be clearly defined and set apart from the notion of AI systems to enable legal certainty . The definition should be based on the key functional characteristics of a general-purpose AI model, in particul ar the generality and the capability to competently perform a wide range of distinct tasks. These models are typically trained on large amounts of data, through various methods, such as self-supervised, unsupervised or reinforcement learning. General-purpose AI models may be placed on the market in various ways, including through libraries, application programming interfaces (APIs), as direct download, or as physical copy . These models may be further modified or fine-tuned into new models. Although AI models are essential components of AI systems, they do not constitute AI systems on their own. AI models require the addition of further components, such as for example a user interface, to become AI systems. AI models are typically integrated into and form part of AI systems. This Regulation provides specific rules for general-purpose AI models and for gene ral-purpose AI models that pose systemic risks, which should apply also when these models are integrated or form part of an AI system. It should be understood that the obligations for the providers of general-purpose AI models should apply once the general-purpose AI models are placed on the market. When the provider of a general- purpose AI model integrates an own model into its own AI system that is made available on the market or put into service, that model should be considered to be placed on the market and, therefore, the obligations in this Regulation for models should continue to apply in addition to those for AI systems. The obligations laid down for models should in any case not apply when an own model is used for purely internal processes that are not essential for providing a product or a service to third parties and the rights of natural persons are not affected. Considering their potential significantly negative effects, the general-purpose AI models with systemic risk should always be subject to the relevant obligations under this Regulation. The definition should not cover AI models used before their placing on the market for the sole purpose of research, development and prototyping activities. This is without prejudice to the obligation to comply with this Regulation when, following such activities, a model is placed on the market. (98)Whereas the generality of a model could, inter alia, also be determined by a number of parameters, models with at least a billion of parameters and trained with a large amount of data using self-supervision at scale should be considered to display signi ficant generality and to competently perform a wide range of distinctive tasks. (99)Large generative AI models are a typical example for a general-purpose AI model, given that they allow for flexible generation of content, such as in the form of text, audio, images or video, that can readily accommodate a wide range of distinctive tasks.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 21/110 (100) When a general-purpose AI model is integrated into or forms part of an AI system, this system should be considered to be general-purpose AI system when, due to this integration, this system has the capability to serve a variety of purposes. A general-purpose AI system can be used directly , or it may be integrated into other AI systems. (101) Providers of general-purpose AI models have a particular role and responsibility along the AI value chain, as the models they provide may form the basis for a range of downstream systems, often provided by downstream providers that necessitate a good understanding of the models and their capabilities, both to enable the integration of such models into their products, and to fulfil their obligations under this or other regulations. Therefore, proportionate transparency measures should be laid down, including the drawing up and keeping up to date of documentation, and the provision of information on the general-purpose AI model for its usage by the downstream providers. Technical documentation should be prepared and kept up to date by the general-purpose AI model provider for the purpose of making it available, upon request, to the AI Office and the national competent authorities. The minimal set of elements to be included in such documentation should be set out in specific annexes to this Regulation. The Commission should be empowered to amend those annexes by means of delegated acts in light of evolving technological developments. (102) Software and data, including models, released under a free and open-source licence that allows them to be openly shared and where users can freely access, use, modify and redistribute them or modified versions thereof, can contribute to research and innovation in the market and can provide significant growth opportunities for the Union economy . General-purpose AI models released under free and open-source licences should be considered to ensur e high levels of transparency and openness if their parameters, including the weights, the information on the model architecture, and the information on model usage are made publicly available. The licence should be considered to be free and open-source also when it allows users to run, copy , distribute, study , change and improve software and data, including models under the condition that the original provider of the model is credited, the identical or comparable terms of distribution are respected. (103) Free and open-source AI components covers the software and data, including models and general-purpose AI models, tools, services or processes of an AI system. Free and open-source AI components can be provided through different channels, including their development on open repositories. For the purposes of this Regulation, AI components that are provided against a price or otherwise monetised, including through the provision of technical support or other services, including through a software platform, related to the AI component, or the use of personal data for reasons other than exclusively for improving the security , compatibility or interoperability of the software, with the exception of transactions between microenterprises, should not benefit from the exceptions provided to free and open-source AI components. The fact of making AI components available through open repositories should not, in itself, constitute a monetisation. (104) The providers of general-purpose AI models that are released under a free and open-source licence, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available should be subject to exceptions as regards the transparency- related requirements imposed on general-purpose AI models, unless they can be considered to present a systemic risk, in which case the circumstance that the model is transparent and accompanied by an open-source license should not be considered to be a sufficient reason to exclude compliance with the obligations under this Regulation. In any case, given that the release of general-purpose AI models under free and open-source licence does not necessarily reveal substantial information on the data set used for the training or fine-tuning of the model and on how compliance of copyright law was thereby ensured, the exception provided for general-purpo se AI models from compliance with the transparency-related requirements should not concern the obligation to produce a summary about the content used for model training and the obligation to put in place a policy to comply with Union copyright law, in particular to identify and comply with the reservation of rights pursuant to Article 4(3) of Directive (EU) 2019/790 of the European Parliament and of the Council (40). (105) General-purpose AI models, in particular large generative AI models, capable of generating text, images, and other content, present unique innovation opportunities but also challenges to artists, authors, and other creators and the way their creative content is created, distributed, used and consumed. The development and training of such models require access to vast amounts of text, images, videos and other data. Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. Any use of copyright protected content requires the authorisation of the rightsholder concerned unless relevant copyright exceptions and limitations apply . Directive (EU) 2019/790 introduced exceptions and limitations allowing reproductions and extractions of works or other subject matter , for the purpose of text and data mining, under certain conditions. Under these rules, rightsholders may choose to reserve their rights over their works or other subject matter to prevent text and data mining, unless this is done for the purposes of scientific research. Where the rights to opt out has been expressly reserved in an appropriate manner , providers of general- purpose AI models need to obtain an authorisation from rightsholders if they want to carry out text and data mining over such works.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 22/110 (106) Providers that place general-purpose AI models on the Union market should ensure compliance with the relevant obligations in this Regulation. To that end, providers of general-purpose AI models should put in place a policy to comply with Union law on copyright and related rights, in particular to identify and comply with the reservation of rights expressed by rightsholders pursuant to Article 4(3) of Directive (EU) 2019/790. Any provider placing a general-purpose AI model on the Union mark et should comply with this obligation, regardless of the jurisdiction in which the copyright-relevant acts underpinning the training of those general-purpose AI models take place. This is necessary to ensure a level playing field among providers of general-purpose AI models where no provider should be able to gain a competitive advantage in the Union market by applying lower copyright standards than those provided in the Union. (107) In order to increase transparency on the data that is used in the pre-training and training of general- purpose AI models, including text and data protected by copyright law, it is adequate that providers of such models draw up and make publicly available a sufficiently detailed summary of the content used for training the general-purpose AI model. While taking into due account the need to protect trade secrets and confidential business information, this summary should be generally comprehensive in its scope instead of technically detailed to facilitate parties with legitimate interests, including copyright holders, to exercise and enforce their rights under Union law, for example by listing the main data collections or sets that went into training the model, such as large private or public databases or data archives, and by providing a narrative explanation about other data sources used. It is appropriate for the AI Office to provide a template for the summary , which should be simple, effective, and allow the provider to provide the required summary in narrative form. (108) With regard to the obligations imposed on providers of general-purpose AI models to put in place a policy to comply with Union copyright law and make publicly available a summary of the content used for the training, the AI Office should monito r whether the provider has fulfilled those obligations without verifying or proceeding to a work-by-work assessment of the training data in terms of copyright compliance. This Regulation does not affect the enforcement of copyright rules as provided for under Union law . (109) Compliance with the obligations applicable to the providers of general-purp ose AI models should be commensurate and proportionate to the type of model provider , excluding the need for compliance for persons who develop or use models for non-professional or scientific research purposes, who should nevertheless be encouraged to voluntarily comply with these requirements. Without prejudice to Union copyright law, compliance with those obligations should take due account of the size of the provider and allow simplified ways of compliance for SMEs, including start-ups, that should not represent an excessive cost and not discourage the use of such models. In the case of a modification or fine-tuning of a model, the obligations for providers of general-purpose AI models should be limited to that modification or fine- tuning, for example by complementing the already existing technical documentation with information on the modifications, including new training data sources, as a means to comply with the value chain obligations provided in this Regulation. (110)General-purpose AI models could pose systemic risks which include, but are not limited to, any actual or reasonably foreseeable negative effects in relation to major accidents, disruptions of critical sectors and serious consequences to public health and safety; any actual or reasonably foreseeable negative effects on democratic processes, public and economic security; the dissemination of illegal, false, or discriminatory content. Systemic risks should be understood to increase with model capabilities and model reach, can arise along the entire lifecycle of the model, and are influenced by conditions of misuse, model reliability , model fairness and model security , the level of autonomy of the model, its access to tools, novel or combined modalities, release and distribution strategies, the potential to remove guardrails and other factors. In particular , international approaches have so far identified the need to pay attention to risks from potential intentional misuse or unintended issues of control relating to align ment with human intent; chemical, biological, radiological, and nuclear risks, such as the ways in which barriers to entry can be lowered, including for weapons development, design acquisition, or use; offensive cyber capabilities, such as the ways in vulnerability discovery , exploitation, or operational use can be enabled; the effects of interaction and tool use, including for example the capacity to control physical systems and interfere with critical infrastructure; risks from models of making copies of themselves or ‘self-replicating’ or training other models; the ways in which models can give rise to harmful bias and discrimination with risks to individuals, communities or societies; the facilitation of disinformation or harming privacy with threats to democratic values and human rights; risk that a particular event could lead to a chain reaction with considerable negative effects that could affect up to an entire city, an entire domain activity or an entire community . (111)It is appropriate to establish a methodology for the classification of general-purpose AI models as general- purpose AI model with systemic risks . Since systemic risks result from particularly high capabilities, a general-purpose AI model should be considered to present systemic risks if it has high-impact capabilities, evaluated on the basis of appropriate technical tools and methodolo gies, or significant impact on the internal market due to its reach. High-impact capabilities in general-p urpose AI models means capabilities that match or exceed the capabilities recorded in the most advanced general-purpose AI models. The full range of capabilities in a model could be better understood after its placing on the market2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 23/110 or when deployers interact with the model. According to the state of the art at the time of entry into force of this Regulation, the cumulative amou nt of computation used for the training of the general-purpose AI model measured in floating point operations is one of the relevant approximations for model capabilities. The cumulative amount of computation used for training includes the computation used across the activities and methods that are intended to enhance the capabilities of the model prior to deployment, such as pre-training, synthetic data generation and fine-tuning. Therefore, an initial threshold of floating point operations should be set, which, if met by a general-purpose AI model, leads to a presumption that the model is a general-purpose AI model with systemic risks. This threshold should be adjusted over time to reflect technological and industrial changes, such as algorithmic improvements or increased hardware efficiency , and should be supplemented with benchmarks and indicators for model capability . To inform this, the AI Office should engage with the scientific community , industry , civil society and other experts. Thresholds, as well as tools and benchmarks for the assessment of high-impact capabilities, should be strong predictors of generality , its capabilities and associated systemic risk of general-purpose AI models, and could take into account the way the model will be placed on the market or the number of users it may affect. To complement this system, there should be a possibility for the Commission to take individual decisions designating a general-purpose AI model as a general-purpose AI model with systemic risk if it is found that such model has capabilities or an impact equivalent to those captured by the set threshold. That decision should be taken on the basis of an overall assessment of the criteria for the designation of a general-purpose AI model with system ic risk set out in an annex to this Regulation, such as quality or size of the training data set, number of business and end users, its input and output modalities, its level of autonomy and scalability , or the tools it has access to. Upon a reasoned request of a provider whose model has been designated as a general-purpo se AI model with systemic risk, the Commission should take the request into account and may decide to reassess whether the general-purpose AI model can still be considered to present systemic risks. (112)It is also necessary to clarify a procedure for the classification of a general-purpose AI model with systemic risks. A general-purpose AI model that meets the applicable threshold for high-impact capabilities should be presumed to be a general-purpose AI models with systemic risk. The provider should notify the AI Office at the latest two weeks after the requirements are met or it becomes known that a general-purpose AI model will meet the requirements that lead to the presumption. This is especially relevant in relation to the threshold of floating point operations because training of general-purpose AI models takes considerable planning which includes the upfront allocation of compute resources and, therefore, providers of general-purpose AI models are able to know if their model would meet the threshold before the training is completed. In the context of that notification, the provider should be able to demonstrate that, because of its specific characteristics, a general-purpose AI model exceptionally does not present systemic risks, and that it thus should not be classified as a general-purpose AI model with systemic risks. That information is valuable for the AI Office to anticipate the placing on the market of general-purpose AI models with systemic risks and the providers can start to engage with the AI Office early on. That information is especially important with regard to general-purpose AI models that are planned to be released as open-source, given that, after the open-source model release, necessary measures to ensure compliance with the obligations under this Regulation may be more dif ficult to implement. (113)If the Commission becomes aware of the fact that a general-purpose AI model meets the requirements to classify as a general-purpose AI model with systemic risk, which previously had either not been known or of which the relevant provider has failed to notify the Commission, the Commission should be empowered to designate it so. A system of qualified alerts should ensure that the AI Office is made aware by the scientific panel of general-purpos e AI models that should possibly be classified as general-purpose AI models with systemic risk, in addition to the monitoring activities of the AI Of fice. (114)The providers of general-purpose AI models presenting systemic risks should be subject, in addition to the obligations provided for providers of general-purpose AI models, to obligations aimed at identifying and mitigating those risks and ensuring an adequate level of cybersecurity protection, regardless of whether it is provided as a standalone model or embedded in an AI system or a product. To achieve those objectives, this Regulation should require providers to perform the necessary model evaluations, in particular prior to its first placing on the market, including conducting and documenting adversarial testing of models, also, as appropriate, through internal or indep endent external testing. In addition, providers of general-purpose AI models with systemic risks should continuously assess and mitigate systemic risks, including for example by putting in place risk-management policies, such as accountability and governance processes, implementing post-market monitoring, taking appropriate measures along the entire model’ s lifecycle and cooperating with relevant actors along the AI value chain. (115)Providers of general-purpose AI models with systemic risks should assess and mitigate possible systemic risks. If, despite efforts to identify and prevent risks related to a general-purpose AI model that may present systemic risks, the development or use of the model causes a serious incident, the general-purpose AI model provider should without undue delay keep track of the incident and report any relevant information and possible corrective measures to the Commission and national competent authorities. Furthermore, providers should ensure an adequate level of cybersecurity protection for the model and its physical infrastructure, if appropriate, along the entire model lifecycle. Cybersec urity protection related to2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 24/110 systemic risks associated with malicious use or attacks should duly consider accidental model leakage, unauthorised releases, circumvention of safety measures, and defence against cyberattacks, unauthorised access or model theft. That protection could be facilitated by securing model weights, algorithms, servers, and data sets, such as through operational security measures for infor mation security , specific cybersecurity policies, adequate techn ical and established solutions, and cyber and physical access controls, appropriate to the relevant circumstances and the risks involved. (116)The AI Office should encourage and facilitate the drawing up, review and adaptation of codes of practice, taking into account international approaches. All providers of general-purpose AI models could be invited to participate. To ensure that the codes of practice reflect the state of the art and duly take into account a diverse set of perspectives, the AI Office should collaborate with relevant national competent authorities, and could, where appropriate, consult with civil society organis ations and other relevant stakeholders and experts, including the Scientific Panel, for the drawing up of such codes. Codes of practice should cover obligations for providers of general-purpose AI models and of general-purpose AI models presenting systemic risks. In addition, as regards systemic risks, codes of practice should help to establish a risk taxonomy of the type and nature of the systemic risks at Union level, including their sources. Codes of practice should also be focused on specific risk assessment and mitigation measures. (117)The codes of practice should represent a central tool for the proper compliance with the obligations provided for under this Regulation for providers of general-purpose AI models. Providers should be able to rely on codes of practice to demonst rate compliance with the obligations. By means of implementing acts, the Commission may decide to approve a code of practice and give it a general validity within the Union, or, alternatively , to provide comm on rules for the implementation of the relevant obligations, if, by the time this Regulation becomes applicable, a code of practice cannot be finalised or is not deemed adequate by the AI Office. Once a harmonised standard is published and assessed as suitable to cover the relevant obligations by the AI Office, compliance with a European harmonised standard should grant providers the presumption of conformity . Providers of general-purpose AI models should furthermore be able to demonstrate compliance using alternative adequate means, if codes of practice or harmonised standards are not available, or they choose not to rely on those. (118)This Regulation regulates AI systems and AI models by imposing certain requirements and obligations for relevant market actors that are placing them on the market, putting into service or use in the Union, thereby complementing obligations for providers of intermediary services that embed such systems or models into their services regulated by Regulation (EU) 2022/2065. To the extent that such systems or models are embedded into designated very large online platforms or very large online search engines, they are subject to the risk-management framework provided for in Regulation (EU) 2022/2065. Consequently , the corresponding obligations of this Regulation should be presumed to be fulfilled, unless significant systemic risks not covered by Regulat ion (EU) 2022/2065 emer ge and are identified in such models. Within this framework, providers of very large online platforms and very large online search engines are obliged to assess potential systemic risks stemming from the design, functioning and use of their services, including how the design of algorithmic systems used in the service may contribute to such risks, as well as systemic risks stemming from potential misuses. Those providers are also obliged to take appropriate mitigating measures in observance of fundamental rights. (119)Considering the quick pace of innovation and the technological evolution of digital services in scope of different instruments of Union law in particular having in mind the usage and the perception of their recipients, the AI systems subject to this Regulation may be provided as intermediary services or parts thereof within the meaning of Regulatio n (EU) 2022/2065, which should be interpreted in a technology- neutral manner . For example, AI systems may be used to provide online search engines, in particular , to the extent that an AI system such as an online chatbot performs searches of, in principle, all websites, then incorporates the results into its existing knowledge and uses the updated know ledge to generate a single output that combines dif ferent sources of information. (120) Furthermore, obligations placed on providers and deployers of certain AI systems in this Regulation to enable the detection and disclosure that the outputs of those systems are artificially generated or manipulated are particularly relevant to facilitate the effective implementation of Regulation (EU) 2022/2065. This applies in particular as regards the obligations of providers of very large online platforms or very large online search engines to identify and mitigate systemic risks that may arise from the dissemination of content that has been artificially generated or manipulated, in particular risk of the actual or foreseeable negative effects on democ ratic processes, civic discourse and electoral processes, including through disinformation. (121) Standardisation should play a key role to provide technical solutions to provid ers to ensure compliance with this Regulation, in line with the state of the art, to promote innovation as well as competitiveness and growth in the single market. Complianc e with harmonised standards as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (41), which are normally expected to reflect the state of the art, should be a means for providers to demonstrate conformity with the requirements of this Regulation. A balan ced representation of interests involving all relevant stakeholders in the development of standards, in particular SMEs, consumer organisations and environmental and social stakeholders in accordance with Articles 5 and 6 of Regulation (EU) No 1025/2012 should2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 25/110 therefore be encouraged. In order to facilitate compliance, the standardisation requests should be issued by the Commission without undue delay . When preparing the standardisation request, the Commission should consult the advisory forum and the Board in order to collect relevant expertise. However , in the absence of relevant references to harmo nised standards, the Commission should be able to establish, via implementing acts, and after consultation of the advisory forum, common specifications for certain requirements under this Regulation. The common specification should be an exceptional fall back solution to facilitate the provider ’s obligation to comply with the requirements of this Regulation, when the standardisation request has not been accepted by any of the European standar disation organisations, or when the relevant harmonised standards insuf ficiently address fundamental rights concerns, or when the harmonised standards do not comply with the request, or when there are delays in the adoption of an appropriate harmonised standard. Where such a delay in the adoption of a harmonised standard is due to the technical complexity of that standard, this should be considered by the Commission before contemplating the establishment of common specifications. When developing common specifications, the Commission is encouraged to cooperate with international partners and international standardisation bodies. (122) It is appropriate that, without prejudice to the use of harmonised standards and common specifications, providers of a high-risk AI system that has been trained and tested on data reflecting the specific geographical, behavioural, contextual or functional setting within which the AI system is intended to be used, should be presumed to comply with the relevant measure provided for under the requirement on data governance set out in this Regulation. Without prejudice to the requirements related to robustness and accuracy set out in this Regulation, in accordance with Article 54(3) of Regulation (EU) 2019/881, high- risk AI systems that have been certified or for which a statement of conformity has been issued under a cybersecurity scheme pursuant to that Regulation and the references of which have been published in the Official Journal of the European Union should be presumed to comply with the cybersecurity requirement of this Regulation in so far as the cybersecurity certificate or statement of conformity or parts thereof cover the cybersecurity requirement of this Regulation. This remains without prejudice to the voluntary nature of that cybersecurity scheme. (123) In order to ensure a high level of trustworthiness of high-risk AI systems, those systems should be subject to a conformity assessment prior to their placing on the market or putting into service. (124) It is appropriate that, in order to minimi se the burden on operators and avoid any possible duplication, for high-risk AI systems related to product s which are covered by existing Union harmonisation legislation based on the New Legislative Framewo rk, the compliance of those AI systems with the requirements of this Regulation should be assessed as part of the conformity assessment already provided for in that law. The applicability of the requirements of this Regulation should thus not affect the specific logic, methodology or general structure of conformity assessment under the relev ant Union harmonisation legislation. (125) Given the complexity of high-risk AI systems and the risks that are associated with them, it is important to develop an adequate conformity assessment procedure for high-risk AI systems involving notified bodies, so-called third party conformity assessment. However , given the current experience of professional pre- market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility , with the only exception of AI systems intended to be used for biometrics. (126) In order to carry out third-party conformity assessments when so required, notified bodies should be notified under this Regulation by the national competent authorities, provided that they comply with a set of requirements, in particular on independence, competence, absence of conflicts of interests and suitable cybersecurity requirements. Notification of those bodies should be sent by national competent authorities to the Commission and the other Member States by means of the electronic notification tool developed and managed by the Commission pursuant to Article R23 of Annex I to Decision No 768/2008/EC. (127) In line with Union commitments under the World Trade Organization Agreement on Technical Barriers to Trade, it is adequate to facilitate the mutual recognition of conformity assess ment results produced by competent conformity assessment bodies, independent of the territory in which they are established, provided that those conformity assessment bodies established under the law of a third country meet the applicable requirements of this Regulation and the Union has concluded an agreement to that extent. In this context, the Commission should actively explore possible international instruments for that purpose and in particular pursue the conclusion of mutual recognition agreements with third countries. (128) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, it is appropriate that whenever a change occurs which may affect the compliance of a high-risk AI system with this Regulation (e.g. change of operating system or software architecture), or when the intended purpose of the system changes, that AI system should be considered to be a new AI system which should under go a new conformity assessment. However , changes occurring to the algorithm and the performance of AI systems which continue to ‘learn’ after being placed on the2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 26/110 market or put into service, namely automatically adapting how functions are carried out, should not constitute a substantial modification, provided that those changes have been pre-determined by the provider and assessed at the moment of the conformity assessment. (129) High-risk AI systems should bear the CE marking to indicate their conformity with this Regulation so that they can move freely within the internal market. For high-risk AI systems embedded in a product, a physical CE marking should be affixed, and may be complemented by a digital CE marking. For high- risk AI systems only provided digitally , a digital CE marking should be used. Member States should not create unjustified obstacles to the placin g on the market or the putting into service of high-risk AI systems that comply with the requirements laid down in this Regulation and bear the CE marking. (130) Under certain conditions, rapid availability of innovative technologies may be crucial for health and safety of persons, the protection of the environment and climate change and for society as a whole. It is thus appropriate that under exceptional reasons of public security or protection of life and health of natural persons, environmental protection and the protection of key industrial and infrastructural assets, market surveillance authorities could authorise the placing on the market or the putting into service of AI systems which have not under gone a conformit y assessment. In duly justified situation s, as provided for in this Regulation, law enforcement authorities or civil protection authorities may put a specific high-risk AI system into service without the authorisation of the market surveillance authority , provided that such authorisation is requested during or after the use without undue delay . (131) In order to facilitate the work of the Commission and the Member States in the AI field as well as to increase the transparency towards the public, providers of high-risk AI systems other than those related to products falling within the scope of relevant existing Union harmonisation legisl ation, as well as providers who consider that an AI system listed in the high-risk use cases in an annex to this Regulation is not high- risk on the basis of a derogation, should be required to register themselves and information about their AI system in an EU database, to be established and managed by the Commission. Before using an AI system listed in the high-risk use cases in an annex to this Regulation, deployers of high-risk AI systems that are public authorities, agencies or bodies, should register themselves in such database and select the system that they envisage to use. Other deployers should be entitled to do so voluntarily . This section of the EU database should be publicly accessible, free of charge, the information should be easily navigable, understandable and machine-readable. The EU database should also be user-friendly , for example by providing search functionalities, includi ng through keywords, allowing the general public to find relevant information to be submitted upon the registration of high-risk AI systems and on the use case of high-risk AI systems, set out in an annex to this Regulation, to which the high-risk AI systems correspond. Any substantial modification of high-risk AI systems should also be registered in the EU database. For high- risk AI systems in the area of law enforcement, migration, asylum and border control management, the registration obligations should be fulfilled in a secure non-public section of the EU database. Access to the secure non-public section should be strictly limited to the Commission as well as to market surveillance authorities with regard to their national section of that database. High-risk AI systems in the area of critical infrastructure should only be registered at national level. The Commission should be the controller of the EU database, in accordance with Regulation (EU) 2018/1725. In order to ensure the full functionality of the EU database, when deployed, the procedure for setting the database should include the development of functional specifications by the Commission and an independent audit report. The Commission should take into account cybersecurity risks when carrying out its tasks as data controller on the EU database. In order to maximise the availability and use of the EU database by the public, the EU database, including the information made available through it, should comply with requirements under the Directive (EU) 2019/882. (132) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI system s and subject to targeted exceptions to take into account the special need of law enforcement. In particular , natural persons should be notified that they are interacting with an AI system, unless this is obvious from the point of view of a natural person who is reasonably well-informed, observant and circumspec t taking into account the circumstances and the context of use. When implementing that obligation, the characteristics of natural persons belonging to vulnerable groups due to their age or disability should be taken into account to the extent the AI system is intended to intera ct with those groups as well. Moreover , natural persons should be notified when they are exposed to AI systems that, by processing their biometric data, can identify or infer the emotions or intentions of those persons or assign them to specific categories. Such specific categories can relate to aspects such as sex, age, hair colour , eye colour , tattoos, personal traits, ethnic origin, personal preferences and interests. Such information and notifications should be provided in accessible formats for persons with disabilities. (133) A variety of AI systems can generate large quantities of synthetic content that becomes increasingly hard for humans to distinguish from human-generated and authentic content. The wide availability and increasing capabilities of those systems have a significant impact on the integrity and trust in the information ecosystem, raising new risks of misinformation and manipulation at scale, fraud,2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 27/110 impersonation and consumer deception. In light of those impacts, the fast technological pace and the need for new methods and techniques to trace origin of information, it is appropriate to require providers of those systems to embed technical solutions that enable marking in a machine readable format and detection that the output has been generated or manipulated by an AI system and not a human. Such techniques and methods should be sufficiently reliable, interoperable, effective and robust as far as this is technically feasible, taking into account available techniques or a combination of such techniques, such as watermarks, metadata identifications, cryptographic methods for proving provenance and authenticity of content, logging methods, fingerprints or other techniques, as may be appropriate. When implementing this obligation, providers should also take into account the specificities and the limitations of the different types of content and the relevant technological and market developments in the field, as reflected in the generally acknowledged state of the art. Such techniques and methods can be implemented at the level of the AI system or at the level of the AI model, including general-purpose AI models generating content, thereby facilitating fulfilment of this obligation by the downstream provider of the AI system. To remain proportionate, it is appropriate to envisage that this marking obligation shou ld not cover AI systems performing primarily an assistive function for standard editing or AI systems not substantially altering the input data provided by the deployer or the semantics thereof. (134) Further to the technical solutions employed by the providers of the AI system, deployers who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, objects, places, entities or even ts and would falsely appear to a person to be authentic or truthful (deep fakes), should also clearly and distinguishably disclose that the content has been artificially created or manipulated by labelling the AI output accordingly and disclosing its artificial origin. Compliance with this transparency obligation should not be interpreted as indicating that the use of the AI system or its output impedes the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter , in particular where the content is part of an evidently creative, satirical, artistic, fictional or analogous work or programme, subject to appropriate safeguards for the rights and freedoms of third parties. In those cases, the transparency obligation for deep fakes set out in this Regulation is limited to disclosure of the existence of such generated or manipulated content in an appropriate manner that does not hamper the display or enjoyment of the work, including its normal exploitation and use, while maintaining the utility and quality of the work. In addition, it is also appropriate to envisage a similar disclosure obligation in relation to AI-generated or manipulated text to the extent it is published with the purpose of informing the public on matters of public interest unless the AI-generated content has under gone a process of human review or editorial control and a natural or legal person holds editorial responsibility for the publication of the content. (135) Without prejudice to the mandatory nature and full applicability of the transparency obligations, the Commission may also encourage and facilitate the drawing up of codes of practice at Union level to facilitate the effective implementation of the obligations regarding the detection and labelling of artificially generated or manipulated content, including to support practical arrangements for making, as appropriate, the detection mechanisms accessible and facilitating cooperation with other actors along the value chain, disseminating content or checking its authenticity and provenance to enable the public to effectively distinguish AI-generated content. (136) The obligations placed on providers and deployers of certain AI systems in this Regulation to enable the detection and disclosure that the outpu ts of those systems are artificially generated or manipulated are particularly relevant to facilitate the effective implementation of Regulation (EU) 2022/2065. This applies in particular as regards the obligations of providers of very large online platforms or very large online search engines to identify and mitigate systemic risks that may arise from the dissemination of content that has been artificially generated or manipulated, in particular the risk of the actual or foreseeable negative effects on democratic processes, civic discourse and electoral processes, including through disinformation. The requirement to label content generated by AI systems under this Regulation is without prejudice to the obligation in Article 16(6) of Regulation (EU) 2022/2065 for providers of hosting services to process notices on illegal content received pursuant to Article 16(1) of that Regulation and should not influence the assessment and the decisio n on the illegality of the specific content. That assessment should be performed solely with reference to the rules governing the legality of the content. (137) Compliance with the transparency obligations for the AI systems covered by this Regulation should not be interpreted as indicating that the use of the AI system or its output is lawful under this Regulation or other Union and Member State law and should be without prejudice to other transparency obligations for deployers of AI systems laid down in Union or national law . (138) AI is a rapidly developing family of technologies that requires regulatory oversight and a safe and controlled space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that promotes innovation, is future- proof and resilient to disruption, Memb er States should ensure that their national competent authorities establish at least one AI regulatory sandbox at national level to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service. Member States could also fulfil this obligation throu gh participating in already existing regulatory sandboxes or establishing jointly a sandbox with one or more Member States’2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 28/110 competent authorities, insofar as this participation provides equivalent level of national coverage for the participating Member States. AI regulatory sandboxes could be established in physical, digital or hybrid form and may accommodate physical as well as digital products. Establishing authorities should also ensure that the AI regulatory sandboxes have the adequate resources for their functioning, including financial and human resources. (139) The objectives of the AI regulatory sandboxes should be to foster AI innovation by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and national law. Moreover , the AI regulatory sandboxes should aim to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emer ging risks and the impacts of AI use, to facilitate regulatory learning for authorities and undertakings, including with a view to future adaptions of the legal framework, to support cooperation and the sharing of best practices with the authorities involved in the AI regulatory sandbox, and to accelerate access to markets, including by removing barriers for SMEs, including start-ups. AI regulatory sandboxes should be widely available throughout the Union, and particular attention should be given to their accessibility for SMEs, including start-ups. The participation in the AI regulatory sandbox should focus on issues that raise legal uncertainty for providers and prospective providers to innovate, experiment with AI in the Union and contribute to evidence-based regulatory learning. The supervision of the AI systems in the AI regulatory sandbox should therefore cover their development, training, testing and validation before the systems are placed on the market or put into service, as well as the notion and occurrence of substantial modification that may require a new conformity assessment procedure. Any significant risks identifie d during the development and testing of such AI systems should result in adequate mitigation and, failing that, in the suspension of the development and testing process. Where appropriate, national competent authorities establishing AI regulatory sandboxes should cooperate with other relevant authorities, including those supervising the protection of fundamental rights, and could allow for the involvement of other actors within the AI ecosystem such as national or Europ ean standardisation organisations, notified bodies, testing and experimentation facilities, research and experimentation labs, European Digital Innovation Hubs and relevant stakeholder and civil society organisations. To ensure uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the AI regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. AI regulatory sandboxes established under this Regulation should be without prejudice to other law allowi ng for the establishment of other sandboxes aiming to ensure compliance with law other than this Regulation. Where appropriate, relevant competent authorities in charge of those other regulatory sandbox es should consider the benefits of using those sandboxes also for the purpose of ensuring compliance of AI systems with this Regulation. Upon agreement between the national competent authorities and the participants in the AI regulatory sandb ox, testing in real world conditions may also be operated and supervised in the framework of the AI regulatory sandbox. (140) This Regulation should provide the legal basis for the providers and prospe ctive providers in the AI regulatory sandbox to use personal data collected for other purposes for developing certain AI systems in the public interest within the AI regulatory sandbox, only under specified conditions, in accordance with Article 6(4) and Article 9(2), point (g), of Regulation (EU) 2016/679, and Articles 5, 6 and 10 of Regulation (EU) 2018/1725, and without prejudice to Article 4(2) and Article 10 of Directive (EU) 2016/680. All other obligations of data controllers and rights of data subjects under Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680 remain applicable. In particular , this Regulation should not provide a legal basis in the meaning of Article 22(2), point (b) of Regulation (EU) 2016/679 and Article 24(2), point (b) of Regulation (EU) 2018/1725. Providers and prospective providers in the AI regulatory sandbox should ensure appropriate safeguards and coop erate with the competent authorities, including by following their guidance and acting expeditiously and in good faith to adequately mitigate any identified significant risks to safety , health, and fundamental rights that may arise during the development, testing and experimentation in that sandbox. (141) In order to accelerate the process of development and the placing on the market of the high-risk AI systems listed in an annex to this Regulation, it is important that providers or prospective providers of such systems may also benefit from a specific regime for testing those systems in real world conditions, without participating in an AI regulatory sandbox. However , in such cases, taking into account the possible consequences of such testing on individuals, it should be ensured that appropriate and sufficient guarantees and conditions are introduced by this Regulation for providers or prospective providers. Such guarantees should include, inter alia, requesting informed consent of natural persons to participate in testing in real world conditions, with the exception of law enforcement where the seeking of informed consent would prevent the AI system from being tested. Consent of subjects to participate in such testing under this Regulation is distinct from, and without prejudice to, consent of data subjects for the processing of their personal data under the relevant data protection law. It is also important to minimise the risks and enable oversight by competent authorities and therefore require prospective providers to have a real-world testing plan submitted to competent market surveillance authority , register the testing in dedicated sections in the EU database subject to some limited exceptions, set limitations on the period for which the testing can be done and require additional safeguards for persons belonging to certain vulnerable groups, as well2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 29/110 as a written agreement defining the roles and responsibilities of prospective providers and deployers and effective oversight by competent personnel involved in the real world testing. Furthermore, it is appropriate to envisage additional safeguards to ensure that the predictions, recommendations or decisions of the AI system can be effectively reversed and disregarded and that personal data is protected and is deleted when the subjects have withdrawn their consent to participate in the testing without prejudice to their rights as data subjects under the Union data protection law. As regards transfer of data, it is also appropriate to envisage that data collected and processed for the purpose of testing in real-world conditions should be transferred to third countries only where appropriate and applicable safeguards under Union law are implemented, in particular in accordance with bases for transfer of personal data under Union law on data protection, while for non-personal data appropriate safeg uards are put in place in accordance with Union law, such as Regulations (EU) 2022/868 (42) and (EU) 2023/2854 (43) of the European Parliament and of the Council. (142) To ensure that AI leads to socially and environmentally beneficial outcomes, Member States are encouraged to support and promote research and development of AI solutions in support of socially and environmentally beneficial outcomes, such as AI-based solutions to increase accessibility for persons with disabilities, tackle socio-economic inequalities, or meet environmental targets, by allocating sufficient resources, including public and Union funding, and, where appropriate and provided that the eligibility and selection criteria are fulfilled, considering in particular projects which pursue such objectives. Such projects should be based on the principle of interdisciplinary cooperation betwe en AI developers, experts on inequality and non-discrimination, accessibility , consumer , environmental, and digital rights, as well as academics. (143) In order to promote and protect innovation, it is important that the interests of SMEs, including start-ups, that are providers or deployers of AI systems are taken into particular account. To that end, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Member States should provide SMEs, includ ing start-ups, that have a registered office or a branch in the Union, with priority access to the AI regulatory sandboxes provided that they fulfil the eligibility conditions and selection criteria and without precluding other providers and prospective providers to access the sandboxes provided the same conditions and criteria are fulfilled. Member States should utilise existing channels and where appropriate, establish new dedicated channels for communication with SMEs, including start-ups, deployers, other innovators and, as appropriate, local public authorities, to support SMEs throughout their development path by providing guidance and responding to queries about the implementation of this Regulation. Where appropriate, these channels should work together to create syner gies and ensure homogeneity in their guidance to SMEs, including start-ups, and deployers. Additionally , Member States should facilitate the participation of SMEs and other relevant stakeholders in the standa rdisation development processes. Moreover , the specific interests and needs of providers that are SMEs, including start-ups, should be taken into account when notified bodies set conformity assessment fees. The Commission should regularly assess the certification and compliance costs for SMEs, including start-ups, through transparent consultations and should work with Member States to lower such costs. For example, translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, in particular those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border deployers. In order to address the specific needs of SMEs, including start-ups, the Commission should provide standardised templates for the areas covered by this Regulation, upon request of the Board. Additionally , the Commission should complement Member States’ efforts by providing a single information platform with easy-to-use information with regards to this Regulation for all providers and deployers, by organising appropriate communication campaigns to raise awareness about the obligations arising from this Regulation, and by evaluating and promoting the conver gence of best practices in public procurement procedures in relation to AI systems. Medium-sized enterprises which until recently qualified as small enterprises within the meaning of the Annex to Commission Recommendation 2003/361/EC (44) should have access to those support measures, as those new medium-sized enterprises may sometimes lack the legal resources and training necessary to ensure proper understanding of, and compliance with, this Regulation. (144) In order to promote and protect innovation, the AI-on-demand platform, all relevant Union funding programmes and projects, such as Digital Europe Programme, Horizon Europe, implemented by the Commission and the Member States at Union or national level should, as appropriate, contribute to the achievement of the objectives of this Regulation. (145) In order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers, in particular SMEs, including start-ups, and notified bodies with their obligations under this Regulation, the AI-on-demand platform, the European Digital Innovation Hubs and the testing and experimentation facilities establishe d by the Commission and the Member States at Union or national level should contribute to the implementation of this Regulation. Within their respective mission and fields of competence, the AI-on-demand platform, the European2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 30/110 Digital Innovation Hubs and the testing and experimentation Facilities are able to provide in particular technical and scientific support to providers and notified bodies. (146) Moreover , in light of the very small size of some operators and in order to ensure proportionality regarding costs of innovation, it is appropriate to allow microenterprises to fulfil one of the most costly obligations, namely to establish a quality management system, in a simplif ied manner which would reduce the administrative burden and the costs for those enterprises witho ut affecting the level of protection and the need for compliance with the requirements for high-risk AI systems. The Commission should develop guidelines to specify the elements of the quality management system to be fulfilled in this simplified manner by microenterprises. (147) It is appropriate that the Commission facilitates, to the extent possible, access to testing and experimentation facilities to bodies, groups or laboratories established or accredited pursuant to any relevant Union harmonisation legislation and which fulfil tasks in the context of conformity assessment of products or devices covered by that Union harmonisation legislation. This is, in particular , the case as regards expert panels, expert laboratories and reference laboratories in the field of medical devices pursuant to Regulations (EU) 2017/745 and (EU) 2017/746. (148) This Regulation should establish a gove rnance framework that both allows to coordinate and support the application of this Regulation at national level, as well as build capabilities at Union level and integrate stakeholders in the field of AI. The effective implementation and enforcement of this Regulation require a governance framework that allows to coordinate and build up central expertise at Union level. The AI Office was established by Commission Decision (45) and has as its mission to develop Union expertise and capabilities in the field of AI and to contribute to the implementation of Union law on AI. Member States should facilitate the tasks of the AI Office with a view to support the development of Union expertise and capabilities at Union level and to strengthen the functioning of the digital single market. Furthermore, a Board composed of representatives of the Member States, a scientific panel to integrate the scientific community and an advisory forum to contribute stakeholder input to the implementation of this Regulation, at Union and national level, should be established. The development of Union expertise and capabilities should also include making use of existing resources and expertise, in particular through syner gies with structures built up in the context of the Union level enforcement of other law and syner gies with related initiatives at Union level, such as the EuroHPC Joint Undertaking and the AI testing and experimentation facilities under the Digital Europe Programme. (149) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a Board should be established. The Board should reflect the various interests of the AI eco-system and be composed of representatives of the Member States. The Board should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or contributing to guidance on matters related to the implementation of this Regulation, including on enforcement matters, technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to the Commission and the Member States and their national competent authorities on specific questions related to AI. In order to give some flexibility to Member States in the designation of their representatives in the Board, such representatives may be any persons belonging to public entities who should have the relevant competences and powers to facilitate coordination at national level and contribute to the achievement of the Board’ s tasks. The Board should establish two standing sub-groups to provide a platform for cooperation and exchange among market surveillance authorities and notifying authorities on issues related, respectively , to market surveillance and notif ied bodies. The standing subgroup for market surveillance should act as the administrative cooperation group (ADCO) for this Regulation within the meaning of Article 30 of Regulation (EU) 2019/1020. In accordance with Article 33 of that Regulation, the Commission should support the activities of the standing subgroup for market surveillance by undertaking market evaluations or studies, in particular with a view to identifying aspects of this Regulation requiring specific and urgent coordination among market surveillance authorities. The Board may establish other standing or temporary sub-groups as appropriate for the purpose of examining specific issues. The Board should also cooperate, as appropriate, with relevant Union bodies, experts groups and networks active in the context of relevant Union law, including in particular those active under relevant Union law on data, digital products and services. (150) With a view to ensuring the involvement of stakeholders in the implementation and application of this Regulation, an advisory forum should be established to advise and provide technical expertise to the Board and the Commission. To ensure a varied and balanced stakeholde r representation between commercial and non-commercial interes t and, within the category of commercial interests, with regards to SMEs and other undertakings, the advisory forum should comprise inter alia industry , start-ups, SMEs, academia, civil society , including the social partners, as well as the Fundamental Rights Agency , ENISA, the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC) and the European Telecommunications Standards Institute (ETSI). (151) To support the implementation and enforcement of this Regulation, in particular the monitoring activities of the AI Office as regards general-purpose AI models, a scientific panel of independent experts should be established. The independent experts constituting the scientific panel should be selected on the basis of up-to-date scientific or technical expertise in the field of AI and should perform their tasks with2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 31/110 impartiality , objectivity and ensure the confidentiality of information and data obtained in carrying out their tasks and activities. To allow the reinforcement of national capacities necessary for the effective enforcement of this Regulation, Member States should be able to request support from the pool of experts constituting the scientific panel for their enforcement activities. (152) In order to support adequate enforcem ent as regards AI systems and reinforce the capacities of the Member States, Union AI testing supp ort structures should be established and made available to the Member States. (153) Member States hold a key role in the application and enforcement of this Regulation. In that respect, each Member State should designate at least one notifying authority and at least one market surveillance authority as national competent authorities for the purpose of supervis ing the application and implementation of this Regulation. Member States may decide to appoint any kind of public entity to perform the tasks of the national competent authorities within the meanin g of this Regulation, in accordance with their specific national organisational characteristics and needs. In order to increase organisation efficiency on the side of Member States and to set a single point of contact vis-à-vis the public and other counterparts at Memb er State and Union levels, each Member State should designate a market surveillance authority to act as a single point of contact. (154) The national competent authorities should exercise their powers independently , impartially and without bias, so as to safeguard the principles of objectivity of their activities and tasks and to ensure the application and implementation of this Regulation. The members of these autho rities should refrain from any action incompatible with their duties and should be subject to confidentiality rules under this Regulation. (155) In order to ensure that providers of high- risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner , all providers should have a post-market monitoring system in place. Where relevant, post-market monitoring should include an analysis of the interaction with other AI systems including other devices and software. Post-market monitoring should not cover sensitive operational data of deployers which are law enforcement authorities. This system is also key to ensure that the possible risks emer ging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any seriou s incidents resulting from the use of their AI systems, meaning incident or malfunctioning leading to death or serious damage to health, serious and irreversible disruption of the management and operation of critical infrastructure, infringements of obligations under Union law intended to protect fundamental rights or serious damage to property or the environment. (156) In order to ensure an appropriate and effective enforcement of the requirements and obligations set out by this Regulation, which is Union harmonisation legislation, the system of market surveillance and compliance of products established by Regulation (EU) 2019/1020 should apply in its entirety . Market surveillance authorities designated pursuant to this Regulation should have all enforcement powers laid down in this Regulation and in Regulation (EU) 2019/1020 and should exercise their powers and carry out their duties independently , impartially and without bias. Although the majority of AI systems are not subject to specific requirements and obligations under this Regulation, market surveillance authorities may take measures in relation to all AI systems when they present a risk in accordance with this Regulation. Due to the specific nature of Union institutions, agencies and bodies falling within the scope of this Regulation, it is appropriate to designate the European Data Protection Supervisor as a competent market surveillance authority for them. This should be without prejudice to the designation of national competent authorities by the Member States. Market surveillance activities shou ld not affect the ability of the supervised entities to carry out their tasks independently , when such independence is required by Union law . (157) This Regulation is without prejudice to the competences, tasks, powers and independence of relevant national public authorities or bodies which supervise the application of Union law protecting fundamental rights, including equality bodies and data protection authorities. Where necessary for their mandate, those national public authorities or bodies should also have access to any docume ntation created under this Regulation. A specific safeguard procedure should be set for ensuring adequat e and timely enforcement against AI systems presenting a risk to health, safety and fundamental rights. The procedure for such AI systems presenting a risk should be applied to high-risk AI systems presenting a risk, prohibited systems which have been placed on the market, put into service or used in violation of the prohibited practices laid down in this Regulation and AI systems which have been made available in violation of the transparency requirements laid down in this Regulation and present a risk. (158) Union financial services law includes internal governance and risk-management rules and requirements which are applicable to regulated financial institutions in the course of provision of those services, including when they make use of AI systems. In order to ensure coherent application and enforcement of the obligations under this Regulation and relevant rules and requirements of the Union financial services legal acts, the competent authorities for the supervision and enforcement of those legal acts, in particular2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 32/110 competent authorities as defined in Regulation (EU) No 575/2013 of the European Parliament and of the Council (46) and Directives 2008/48/EC (47), 2009/138/EC (48), 2013/36/EU (49), 2014/17/EU (50) and (EU) 2016/97 (51) of the European Parliament and of the Council, should be designated, within their respective competences, as competent authorities for the purpose of supervisi ng the implementation of this Regulation, including for market surveillance activities, as regards AI systems provided or used by regulated and supervised financial institutions unless Member States decide to designate another authority to fulfil these market surveillance tasks. Those competent authorities should have all powers under this Regulation and Regulation (EU) 2019/1020 to enforce the requirements and obligations of this Regulation, including powers to carry our ex post market surveillance activities that can be integrated, as appropriate, into their existing supervisory mechanisms and procedures under the relevant Union financial services law. It is appropriate to envisage that, when acting as market surveillance authorities under this Regulation, the national authorities responsible for the supervision of credit institutions regulated under Directive 2013/36/EU, which are participating in the Single Supervisory Mechanism established by Council Regulation (EU) No 1024/2013 (52), should report, without delay , to the European Central Bank any information identified in the cours e of their market surveillance activities that may be of potential interest for the European Central Bank’ s prudential supervisory tasks as specified in that Regulation. To further enhance the consistency between this Regulation and the rules applicable to credit institutions regulated under Directive 2013/36/EU, it is also appropriate to integrate some of the providers’ procedural obligations in relation to risk management, post marketing monitoring and documentation into the existing obligations and procedures under Directive 2013/36/EU. In order to avoid overlaps, limited derogations should also be envisaged in relation to the quality management system of providers and the monitoring obligation placed on deployers of high-risk AI systems to the extent that these apply to credit institutions regulated by Directive 2013/36/EU. The same regime should apply to insurance and re- insurance undertakings and insurance holding companies under Directive 2009/138/EC and the insurance intermediaries under Directive (EU) 2016/97 and other types of financial institutions subject to requirements regarding internal governance, arrangements or processes established pursuant to the relevant Union financial services law to ensure consistency and equal treatment in the financial sector . (159) Each market surveillance authority for high-risk AI systems in the area of biometrics, as listed in an annex to this Regulation insofar as those systems are used for the purposes of law enforcement, migration, asylum and border control management, or the administration of justice and democratic processes, should have effective investigative and corrective powers, including at least the power to obtain access to all personal data that are being processed and to all information necessary for the performance of its tasks. The market surveillance authorities should be able to exercise their powers by acting with complete independence. Any limitations of their access to sensitive operational data under this Regulation should be without prejudice to the powers conferred to them by Directive (EU) 2016/680. No exclusion on disclosing data to national data protection authorities under this Regulation should affect the current or future powers of those authorities beyond the scope of this Regulation. (160) The market surveillance authorities and the Commission should be able to propose joint activities, including joint investigations, to be conducted by market surveillance authorit ies or market surveillance authorities jointly with the Commission, that have the aim of promoting compliance, identifying non- compliance, raising awareness and providing guidance in relation to this Regulation with respect to specific categories of high-risk AI systems that are found to present a serious risk across two or more Member States. Joint activities to promote compliance should be carried out in accordance with Article 9 of Regulation (EU) 2019/1020. The AI Office should provide coordination support for joint investigations. (161) It is necessary to clarify the responsibilities and competences at Union and national level as regards AI systems that are built on general-purpose AI models. To avoid overlapping competences, where an AI system is based on a general-purpose AI model and the model and system are provided by the same provider , the supervision should take place at Union level through the AI Office, which should have the powers of a market surveillance authority within the meaning of Regulation (EU) 2019/1020 for this purpose. In all other cases, national market surveillance authorities remain responsible for the supervision of AI systems. However , for general-pur pose AI systems that can be used directly by deployers for at least one purpose that is classified as high-risk, market surveillance authorities should cooperate with the AI Office to carry out evaluations of compliance and inform the Board and other market surveillance authorities accordingly . Furthermore, market surveillance authorities should be able to request assistance from the AI Office where the market surveillance authority is unable to conclude an investigation on a high-risk AI system because of its inability to access certain information related to the general-purpose AI model on which the high-risk AI system is built. In such cases, the procedure regarding mutual assistance in cross-border cases in Chapter VI of Regulation (EU) 2019/1020 should apply mutatis mutandis . (162) To make best use of the centralised Union expertise and syner gies at Union level, the powers of supervision and enforcement of the obligations on providers of general-purpose AI models should be a competence of the Commission. The AI Office should be able to carry out all necessary actions to monitor the effective implementation of this Regulation as regards general-pur pose AI models. It should2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 33/110 be able to investigate possible infringem ents of the rules on providers of general-purpose AI models both on its own initiative, following the results of its monitoring activities, or upon request from market surveillance authorities in line with the conditions set out in this Regulation. To support effective monitoring of the AI Office, it should provide for the possibility that downstream providers lodge complaints about possible infringements of the rules on providers of general-purpose AI models and systems. (163) With a view to complementing the governance systems for general-purpose AI models, the scientific panel should support the monitoring activities of the AI Office and may, in certain cases, provide qualified alerts to the AI Office which trigger follow-ups, such as investigations. This should be the case where the scientific panel has reason to suspect that a general-purpose AI model poses a concrete and identifiable risk at Union level. Furthermore, this should be the case where the scientific panel has reason to suspect that a general-purpose AI model meets the criteria that would lead to a classification as general-purpose AI model with systemic risk. To equip the scientific panel with the information necessary for the performance of those tasks, there should be a mechanism whereby the scientific panel can request the Commission to require documentation or information from a provider . (164) The AI Office should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations for providers of general-purpose AI models laid down in this Regulation. The AI Office should be able to investigate possible infringements in accordance with the powers provided for in this Regulation, including by requesting documentation and information, by conducting evaluations, as well as by requesting measures from providers of general-purpose AI models. When conducting evaluations, in order to make use of independent expertise, the AI Office should be able to involve independent experts to carry out the evaluations on its behalf. Compliance with the obligations should be enforceable, inter alia, throug h requests to take appropriate measures , including risk mitigation measures in the case of identified systemic risks as well as restricting the making available on the market, withdrawing or recalling the model. As a safeguard, where needed beyond the procedural rights provided for in this Regulation, providers of general-purpose AI models should have the procedural rights provided for in Article 18 of Regulation (EU) 2019/1020, which should apply mutatis mutandis , without prejudice to more specific procedural rights provided for by this Regulation. (165) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of ethical and trustworthy AI in the Union. Providers of AI systems that are not high-risk should be encouraged to create codes of conduct, including related governance mechanisms, intended to foster the voluntary application of some or all of the mandatory requirements applicable to high-risk AI systems, adapted in light of the intended purpose of the systems and the lower risk involved and taking into account the available technical solutions and industry best practices such as model and data cards. Providers and, as appropriate, deployers of all AI systems, high- risk or not, and AI models should also be encouraged to apply on a voluntary basis additional requirements related, for example, to the elements of the Union’ s Ethics Guidelines for Trustworthy AI, environmental sustainability , AI literacy measures, inclusive and diverse design and development of AI systems, including attention to vulnerable persons and accessibility to persons with disability , stakeholders’ participation with the involvement, as appropriate, of relevant stakeholders such as business and civil society organisations, academia, research organisations, trade unions and consumer protection organisations in the design and development of AI systems, and diversity of the development teams, including gender balance. To ensure that the voluntary codes of conduct are effective, they should be based on clear objectives and key performance indicators to measure the achiev ement of those objectives. They should also be developed in an inclusive way, as appropriate, with the involvement of relevant stakeholders such as business and civil society organisations, academia, research organisations, trade unions and consumer protection organisation. The Commission may develop initiatives, including of a sectoral nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data. (166) It is important that AI systems related to products that are not high-risk in accordance with this Regulation and thus are not required to comply with the requirements set out for high-risk AI systems are nevertheless safe when placed on the market or put into service. To contribute to this objective, Regulation (EU) 2023/988 of the European Parliament and of the Council (53) would apply as a safety net. (167) In order to ensure trustful and constructive cooperation of competent authoriti es on Union and national level, all parties involved in the application of this Regulation should respect the confidentiality of information and data obtained in carrying out their tasks, in accordance with Union or national law. They should carry out their tasks and activities in such a manner as to protect, in particular , intellectual property rights, confidential business information and trade secrets, the effective implementation of this Regulation, public and national security interests, the integrity of criminal and administrative proceedings, and the integrity of classified information. (168) Compliance with this Regulation should be enforceable by means of the imposi tion of penalties and other enforcement measures. Member States should take all necessary measures to ensure that the provisions of this Regulation are implemented, including by laying down effective, proportionate and dissuasive2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 34/110 penalties for their infringement, and to respect the ne bis in idem principle. In order to strengthen and harmonise administrative penalties for infringement of this Regulation, the upper limits for setting the administrative fines for certain specific infringements should be laid down. Whe n assessing the amount of the fines, Member States should, in each individual case, take into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity and duration of the infringement and of its consequences and to the size of the provider , in particular if the provider is an SME, including a start-up. The European Data Protecti on Supervisor should have the power to impose fines on Union institutions, agencies and bodies falling within the scope of this Regulation. (169) Compliance with the obligations on providers of general-purpose AI models imposed under this Regulation should be enforceable, inter alia, by means of fines. To that end, appropriate levels of fines should also be laid down for infringement of those obligations, including the failure to comply with measures requested by the Commission in accordance with this Regulatio n, subject to appropriate limitation periods in accordance with the principle of proportionality . All decisions taken by the Commission under this Regulation are subject to review by the Court of Justice of the European Union in accordance with the TFEU, including the unlimited jurisdiction of the Court of Justice with regard to penalties pursuant to Article 261 TFEU. (170) Union and national law already provide effective remedies to natural and legal persons whose rights and freedoms are adversely affected by the use of AI systems. Without prejudice to those remedies, any natural or legal person that has grounds to consider that there has been an infrin gement of this Regulation should be entitled to lodge a complaint to the relevant market surveillance authority . (171) Affected persons should have the right to obtain an explanation where a deployer ’s decision is based mainly upon the output from certain high-risk AI systems that fall within the scope of this Regulation and where that decision produces legal effects or similarly significantly affects those persons in a way that they consider to have an adverse impact on their health, safety or fundamental rights. That explanation should be clear and meaningful and should provide a basis on which the affected persons are able to exercise their rights. The right to obtain an explanation should not apply to the use of AI systems for which exceptions or restrictions follow from Union or national law and should apply only to the extent this right is not already provided for under Union law . (172) Persons acting as whistleblowers on the infringements of this Regulation should be protected under the Union law. Directive (EU) 2019/1937 of the European Parliament and of the Council (54) should therefore apply to the reporting of infringements of this Regulation and the protection of persons reporting such infringements. (173) In order to ensure that the regulatory framework can be adapted where necessary , the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the conditions under which an AI system is not to be considered to be high-risk, the list of high-risk AI systems, the provisions regarding technical documentation, the content of the EU decla ration of conformity the provisions regarding the conformity assessment procedures, the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply , the threshold, benchmarks and indicators, including by supplementing those benchmarks and indicators, in the rules for the classification of general-purpose AI models with systemic risk, the criteria for the designation of general-purpose AI models with systemic risk, the technica l documentation for providers of gener al-purpose AI models and the transparency information for providers of general-purpose AI models. It is of particular importance that the Commission carry out appropri ate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (55). In particular , to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (174) Given the rapid technological developments and the technical expertise required to effectively apply this Regulation, the Commission should evaluate and review this Regulation by 2 August 2029 and every four years thereafter and report to the European Parliament and the Council. In addition, taking into account the implications for the scope of this Regulation, the Commission should carry out an assessment of the need to amend the list of high-risk AI systems and the list of prohibited practices once a year. Moreover , by 2 August 2028 and every four years thereafter , the Commission should evaluate and report to the European Parliament and to the Counci l on the need to amend the list of high- risk areas headings in the annex to this Regulation, the AI systems within the scope of the transparency obligations, the effectiveness of the supervision and governance system and the progress on the development of standardisation deliverables on energy efficient development of general-purpose AI models, including the need for further measures or actions. Finally , by 2 August 2028 and every three years thereafter , the Commission should evaluate the impact and effectiveness of voluntary codes of conduct to foster the application of the requirements provided for high-risk AI systems in the case of AI systems other than high-risk AI systems and possibly other additional requirements for such AI systems.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 35/110 (175) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/201 1 of the European Parliament and of the Council (56). (176) Since the objective of this Regulation, namely to improve the functioning of the internal market and to promote the uptake of human centric and trustworthy AI, while ensuring a high level of protection of health, safety , fundamental rights enshrined in the Charter , including democracy , the rule of law and environmental protection against harmf ul effects of AI systems in the Union and supporting innovation, cannot be sufficiently achieved by the Member States and can rather , by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. (177) In order to ensure legal certainty , ensure an appropriate adaptation period for operators and avoid disruption to the market, including by ensuring continuity of the use of AI systems, it is appropriate that this Regulation applies to the high-risk AI systems that have been placed on the market or put into service before the general date of application thereof, only if, from that date, those systems are subject to significant changes in their design or intended purpose. It is appropriate to clarify that, in this respect, the concept of significant change should be understood as equivalent in substance to the notion of substantial modification, which is used with regard only to high-risk AI systems pursuant to this Regulation. On an exceptional basis and in light of public accountability , operators of AI systems which are components of the large-scale IT systems established by the legal acts listed in an annex to this Regulation and operators of high-risk AI systems that are intended to be used by public authorities should, respectively , take the necessary steps to comply with the requirements of this Regulation by end of 2030 and by 2 August 2030. (178) Providers of high-risk AI systems are encouraged to start to comply , on a voluntary basis, with the relevant obligations of this Regulation already during the transitional period. (179) This Regulation should apply from 2 August 2026. However , taking into account the unacceptable risk associated with the use of AI in certain ways, the prohibitions as well as the general provisions of this Regulation should already apply from 2 February 2025. While the full effect of those prohibitions follows with the establishment of the governanc e and enforcement of this Regulation, anticipating the application of the prohibitions is important to take account of unacceptable risks and to have an effect on other procedures, such as in civil law. Moreover , the infrastructure related to the governance and the conformity assessment system should be operational before 2 August 2026, therefore the provisions on notified bodies and governance structure should apply from 2 August 2025. Given the rapid pace of technological advancements and adoption of general-purpose AI models, obligations for providers of general-purpose AI models should apply from 2 August 2025. Codes of practice should be ready by 2 May 2025 in view of enabling providers to demonstrate compliance on time. The AI Office should ensure that classification rules and procedures are up to date in light of technological developments. In addition, Member States should lay down and notify to the Commission the rules on penalties, including administrative fines, and ensure that they are properly and effectively implemented by the date of application of this Regulation. Therefore the provisions on penalties should apply from 2 August 2025. (180) The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(1) and (2) of Regulation (EU) 2018/1725 and deliv ered their joint opinion on 18 June 2021, HAVE ADOPTED THIS REGULA TION: CHAPTER I GENERAL PROVISIONS Article 1 Subject matter` 1. The purpose of this Regulation is to improve the functioning of the internal market and promote the uptake of human-centric and trustworthy artificial intelligence (AI), while ensuring a high level of protection of health, safety , fundamental rights enshrined in the Charter , including democracy , the rule of law and environmental protection, against the harmful ef fects of AI systems in the Union and supporting innovation. 2. This Regulation lays down: (a)harmonised rules for the placing on the market, the putting into service, and the use of AI systems in the Union; (b)prohibitions of certain AI practices; (c)specific requirements for high-risk AI systems and obligations for operators of such systems; (d)harmonised transparency rules for certain AI systems;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 36/110 (e)harmonised rules for the placing on the market of general-purpose AI models; (f)rules on market monitoring, market surveillance, governance and enforcement; (g)measures to support innovation, with a particular focus on SMEs, including start-ups. Article 2 Scope 1. This Regulation applies to: (a)providers placing on the market or putting into service AI systems or placing on the market general- purpose AI models in the Union, irrespective of whether those providers are established or located within the Union or in a third country; (b)deployers of AI systems that have their place of establishment or are located within the Union; (c)providers and deployers of AI systems that have their place of establishmen t or are located in a third country , where the output produced by the AI system is used in the Union; (d)importers and distributors of AI systems; (e)product manufacturers placing on the market or putting into service an AI system together with their product and under their own name or trademark; (f)authorised representatives of providers, which are not established in the Union; (g)affected persons that are located in the Union. 2. For AI systems classified as high-risk AI systems in accordance with Article 6(1) related to products covered by the Union harmonisation legislation listed in Section B of Annex I, only Article 6(1), Articles 102 to 109 and Article 112 apply . Article 57 applies only in so far as the requirements for high-risk AI systems under this Regulation have been integrated in that Union harmonisation legislation. 3. This Regulation does not apply to areas outside the scope of Union law, and shall not, in any event, affect the competences of the Member States concerning national security , regardless of the type of entity entrusted by the Member States with carrying out tasks in relation to those competences. This Regulation does not apply to AI systems where and in so far they are placed on the market, put into service, or used with or without modification exclusively for military , defence or national security purposes, regardless of the type of entity carrying out those activities. This Regulation does not apply to AI systems which are not placed on the market or put into service in the Union, where the output is used in the Union exclusively for military , defence or national security purposes, regardless of the type of entity carrying out those activities. 4. This Regulation applies neither to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international cooperation or agreements for law enforcement and judicial cooperation with the Union or with one or more Member States, provided that such a third country or international organisation provides adequate safeguards with respect to the protection of fundamental rights and freedoms of individuals. 5. This Regulation shall not affect the application of the provisions on the liability of providers of intermediary services as set out in Chapter II of Regulation (EU) 2022/2065. 6. This Regulation does not apply to AI systems or AI models, including their output, specifically developed and put into service for the sole purpose of scientific research and development. 7. Union law on the protection of personal data, privacy and the confidentiality of communications applies to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect Regulation (EU) 2016/679 or (EU) 2018/1725, or Directive 2002/58/EC or (EU) 2016/680, without prejudice to Article 10(5) and Article 59 of this Regulation. 8. This Regulation does not apply to any research, testing or development activity regarding AI systems or AI models prior to their being placed on the market or put into service. Such activities shall be conducted in accordance with applicable Union law . Testing in real world conditions shall not be covered by that exclusion. 9. This Regulation is without prejudic e to the rules laid down by other Union legal acts related to consumer protection and product safety . 10. This Regulation does not apply to obligations of deployers who are natural persons using AI systems in the course of a purely personal non-professional activity . 11. This Regulation does not preclude the Union or Member States from maintaining or introducing laws, regulations or administrative provisions which are more favourable to worke rs in terms of protecting their rights in respect of the use of AI systems by employers, or from encouraging or allowing the application of collective agreements which are more favourable to workers.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 37/110 12. This Regulation does not apply to AI systems released under free and open-source licences, unless they are placed on the market or put into service as high-risk AI systems or as an AI system that falls under Article 5 or 50. Article 3 Definitions For the purposes of this Regulation, the following definitions apply: (1)‘AI system’ means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments; (2)‘risk’ means the combination of the probability of an occurrence of harm and the severity of that harm; (3)‘provider ’ means a natural or legal person, public authority , agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-pu rpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of char ge; (4)‘deployer ’ means a natural or legal person, public authority , agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity; (5)‘authorised representative’ means a natural or legal person located or establis hed in the Union who has received and accepted a written mandate from a provider of an AI system or a general-purpose AI model to, respectively , perform and carry out on its behalf the obligations and procedures established by this Regulation; (6)‘importer ’ means a natural or legal person located or established in the Union that places on the market an AI system that bears the name or trademark of a natural or legal person established in a third country; (7)‘distributor ’ means a natural or legal person in the supply chain, other than the provider or the importer , that makes an AI system available on the Union market; (8)‘operator ’ means a provider , product manufacturer , deployer , authorised representative, importer or distributor; (9)‘placing on the market’ means the first making available of an AI system or a general-purpose AI model on the Union market; (10)‘making available on the market’ mean s the supply of an AI system or a general-purpose AI model for distribution or use on the Union market in the course of a commercial activity , whether in return for payment or free of char ge; (11)‘putting into service’ means the supply of an AI system for first use directly to the deployer or for own use in the Union for its intended purpose; (12)‘intended purpose’ means the use for which an AI system is intended by the provider, including the specific context and conditions of use, as specified in the information supplied by the provider in the instructions for use, promotional or sales materials and statements, as well as in the technical documentation; (13)‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purpose, but which may result from reasonably foreseeable human behaviour or interaction with other systems, including other AI systems; (14)‘safety component’ means a component of a product or of an AI system which fulfils a safety function for that product or AI system, or the failur e or malfunctioning of which endangers the health and safety of persons or property; (15)‘instructions for use’ means the inform ation provided by the provider to inform the deployer of, in particular , an AI system’ s intended purpose and proper use; (16)‘recall of an AI system’ means any measure aiming to achieve the return to the provider or taking out of service or disabling the use of an AI system made available to deployers; (17)‘withdrawal of an AI system’ means any measure aiming to prevent an AI system in the supply chain being made available on the market; (18)‘performance of an AI system’ means the ability of an AI system to achieve its intended purpose; (19)‘notifying authority’ means the national authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity asses sment bodies and for their monitoring; (20)‘conformity assessment’ means the process of demonstrating whether the requirements set out in Chapter III, Section 2 relating to a high-risk AI system have been fulfilled; (21)‘conformity assessment body’ means a body that performs third-party confor mity assessment activities, including testing, certification and inspection;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 38/110 (22)‘notified body’ means a conformity assessment body notified in accordance with this Regulation and other relevant Union harmonisation legislation; (23)‘substantial modification’ means a change to an AI system after its placing on the market or putting into service which is not foreseen or planned in the initial conformity assessment carried out by the provider and as a result of which the complianc e of the AI system with the requireme nts set out in Chapter III, Section 2 is affected or results in a modification to the intended purpose for which the AI system has been assessed; (24)‘CE marking’ means a marking by which a provider indicates that an AI system is in conformity with the requirements set out in Chapter III, Section 2 and other applicable Union harmonisation legislation providing for its af fixing; (25)‘post-market monitoring system’ means all activities carried out by providers of AI systems to collect and review experience gained from the use of AI systems they place on the market or put into service for the purpose of identifying any need to immediately apply any necessary corrective or preventive actions; (26)‘market surveillance authority’ means the national authority carrying out the activities and taking the measures pursuant to Regulation (EU) 2019/1020; (27)‘harmonised standard’ means a harmonised standard as defined in Article 2(1), point (c), of Regulation (EU) No 1025/2012; (28)‘common specification’ means a set of technical specifications as defined in Article 2, point (4) of Regulation (EU) No 1025/2012, providing means to comply with certain requirements established under this Regulation; (29)‘training data’ means data used for training an AI system through fitting its learnable parameters; (30)‘validation data’ means data used for providing an evaluation of the trained AI system and for tuning its non-learnable parameters and its learning process in order , inter alia, to prevent underfitting or overfitting; (31)‘validation data set’ means a separate data set or part of the training data set, either as a fixed or variable split; (32)‘testing data’ means data used for providing an independent evaluation of the AI system in order to confirm the expected performance of that system before its placing on the market or putting into service; (33)‘input data’ means data provided to or directly acquired by an AI system on the basis of which the system produces an output; (34)‘biometric data’ means personal data resulting from specific technical processi ng relating to the physical, physiological or behavioural characteristics of a natural person, such as facial images or dactyloscopic data; (35)‘biometric identification’ means the automated recognition of physical, physiological, behavioural, or psychological human features for the purpose of establishing the identity of a natural person by comparing biometric data of that individual to biometric data of individuals stored in a database; (36)‘biometric verification’ means the automated, one-to-one verification, includ ing authentication, of the identity of natural persons by comparing their biometric data to previously provided biometric data; (37)‘special categories of personal data’ means the categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725; (38)‘sensitive operational data’ means operational data related to activities of prevention, detection, investigation or prosecution of criminal offences, the disclosure of which could jeopardise the integrity of criminal proceedings; (39)‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data; (40)‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories on the basis of their biometric data, unless it is ancillary to another commercial service and strictly necessary for objective technical reasons; (41)‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons, without their active involvement, typically at a distance through the comparison of a person’ s biometric data with the biometric data contained in a reference database; (42)‘real-time remote biometric identifica tion system’ means a remote biometric identification system, whereby the capturing of biometric data, the comparison and the identification all occur without a significant delay , comprising not only instant identification, but also limited short delays in order to avoid circumvention; (43)‘post-remote biometric identification system’ means a remote biometric identification system other than a real-time remote biometric identification system;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 39/110 (44)‘publicly accessible space’ means any publicly or privately owned physical place accessible to an undetermined number of natural persons, regardless of whether certain condit ions for access may apply , and regardless of the potential capacity restrictions; (45)‘law enforcement authority’ means: (a)any public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; or (b)any other body or entity entrusted by Member State law to exercise public authority and public powers for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; (46)‘law enforcement’ means activities carried out by law enforcement authorities or on their behalf for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and preventing threats to public security; (47)‘AI Office’ means the Commission’ s function of contributing to the implementation, monitoring and supervision of AI systems and general-p urpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; (48)‘national competent authority’ means a notifying authority or a market surveillance authority; as regards AI systems put into service or used by Union institutions, agencies, offices and bodies, references to national competent authorities or market surveillance authorities in this Regulation shall be construed as references to the European Data Protection Supervisor; (49)‘serious incident’ means an incident or malfunctioning of an AI system that directly or indirectly leads to any of the following: (a)the death of a person, or serious harm to a person’ s health; (b)a serious and irreversible disruption of the management or operation of critical infrastructure; (c)the infringement of obligations under Union law intended to protect fundamental rights; (d)serious harm to property or the environment; (50)‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679; (51)‘non-personal data’ means data other than personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679; (52)‘profiling’ means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679; (53)‘real-world testing plan’ means a document that describes the objectives, methodology , geographical, population and temporal scope, monitoring, or ganisation and conduct of testing in real-world conditions; (54)‘sandbox plan’ means a document agreed between the participating provider and the competent authority describing the objectives, conditions, timeframe, methodology and requirements for the activities carried out within the sandbox; (55)‘AI regulatory sandbox’ means a controlled framework set up by a competent authority which offers providers or prospective providers of AI systems the possibility to develop, train, validate and test, where appropriate in real-world conditions, an innovative AI system, pursuant to a sandbox plan for a limited time under regulatory supervision; (56)‘AI literacy’ means skills, knowledge and understanding that allow providers, deployers and affected persons, taking into account their respective rights and obligations in the context of this Regulation, to make an informed deployment of AI systems, as well as to gain awareness about the opportunities and risks of AI and possible harm it can cause; (57)‘testing in real-world conditions’ means the temporary testing of an AI system for its intended purpose in real-world conditions outside a laboratory or otherwise simulated environment, with a view to gathering reliable and robust data and to assessing and verifying the conformity of the AI system with the requirements of this Regulation and it does not qualify as placing the AI system on the market or putting it into service within the meaning of this Regulation, provided that all the conditions laid down in Article 57 or 60 are fulfilled; (58)‘subject’, for the purpose of real-world testing, means a natural person who participates in testing in real- world conditions; (59)‘informed consent’ means a subject’ s freely given, specific, unambiguous and voluntary expression of his or her willingness to participate in a particular testing in real-world conditions, after having been informed of all aspects of the testing that are relevant to the subject’ s decision to participate; (60)‘deep fake’ means AI-generated or manipulated image, audio or video conte nt that resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 40/110 (61)‘widespread infringement’ means any act or omission contrary to Union law protecting the interest of individuals, which: (a)has harmed or is likely to harm the collective interests of individuals residing in at least two Member States other than the Member State in which: (i)the act or omission originated or took place; (ii)the provider concerned, or, where applicable, its authorised representative is located or established; or (iii)the deployer is established, when the infringement is committed by the deployer; (b)has caused, causes or is likely to cause harm to the collective interests of individuals and has common features, including the same unlawful practice or the same interest being infringed, and is occurring concurrently , committed by the same operator , in at least three Member States; (62)‘critical infrastructure’ means critical infrastructure as defined in Article 2, point (4), of Directive (EU) 2022/2557; (63)‘general-purpose AI model’ means an AI model, including where such an AI model is trained with a large amount of data using self-supervision at scale, that displays significant generality and is capable of competently performing a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications, except AI models that are used for research, development or prototyping activities before they are placed on the market; (64)‘high-impact capabilities’ means capab ilities that match or exceed the capabilities recorded in the most advanced general-purpose AI models; (65)‘systemic risk’ means a risk that is specific to the high-impact capabilities of general-purpose AI models, having a significant impact on the Union market due to their reach, or due to actual or reasonably foreseeable negative effects on public health, safety , public security , fundamen tal rights, or the society as a whole, that can be propagated at scale across the value chain; (66)‘general-purpose AI system’ means an AI system which is based on a general-purpose AI model and which has the capability to serve a variety of purposes, both for direct use as well as for integration in other AI systems; (67)‘floating-point operation’ means any mathematical operation or assignment involving floating-point numbers, which are a subset of the real numbers typically represented on computers by an integer of fixed precision scaled by an integer exponent of a fixed base; (68)‘downstream provider ’ means a provider of an AI system, including a general -purpose AI system, which integrates an AI model, regardless of whether the AI model is provided by themselves and vertically integrated or provided by another entity based on contractual relations. Article 4 AI literacy Providers and deployers of AI systems shall take measures to ensure, to their best extent, a sufficient level of AI literacy of their staff and other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the context the AI systems are to be used in, and considering the persons or groups of persons on whom the AI systems are to be used. CHAPTER II PROHIBITED AI PRACTICES Article 5 Prohibited AI practices 1. The following AI practices shall be prohibited: (a)the placing on the market, the putting into service or the use of an AI syste m that deploys subliminal techniques beyond a person’ s consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm; (b)the placing on the market, the putting into service or the use of an AI system that exploits any of the vulnerabilities of a natural person or a specific group of persons due to their age, disability or a specific social or economic situation, with the objective, or the effect, of materially distorting the behaviour of that person or a person belonging to that group in a manner that causes or is reasonably likely to cause that person or another person significant harm;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 41/110 (c)the placing on the market, the putting into service or the use of AI systems for the evaluation or classification of natural persons or groups of persons over a certain period of time based on their social behaviour or known, inferred or predicted personal or personality characteristics, with the social score leading to either or both of the following: (i)detrimental or unfavourable treatment of certain natural persons or groups of persons in social contexts that are unrelated to the contexts in which the data was originally generated or collected; (ii)detrimental or unfavourable treatment of certain natural persons or groups of persons that is unjustified or disproportionate to their social behaviour or its gravity; (d)the placing on the market, the putting into service for this specific purpose, or the use of an AI system for making risk assessments of natural persons in order to assess or predict the risk of a natural person committing a criminal offence, based solely on the profiling of a natural person or on assessing their personality traits and characteristics; this prohibition shall not apply to AI systems used to support the human assessment of the involvement of a person in a criminal activity , which is already based on objective and verifiable facts directly linked to a criminal activity; (e)the placing on the market, the putting into service for this specific purpose, or the use of AI systems that create or expand facial recognition databases through the untar geted scraping of facial images from the internet or CCTV footage; (f)the placing on the market, the putting into service for this specific purpose, or the use of AI systems to infer emotions of a natural person in the areas of workplace and education institutions, except where the use of the AI system is intended to be put in place or into the market for medical or safety reasons; (g)the placing on the market, the putting into service for this specific purpose, or the use of biometric categorisation systems that categorise individually natural persons based on their biometric data to deduce or infer their race, political opinions, trade union membership, religious or philosophical beliefs, sex life or sexual orientation; this prohibition does not cover any labelling or filtering of lawfully acquired biometric datasets, such as images, based on biometric data or categorizing of biometric data in the area of law enforcement; (h)the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement, unless and in so far as such use is strictly necessary for one of the following objectives: (i)the targeted search for specific victims of abduction, trafficking in human beings or sexual exploitation of human beings, as well as the search for missing persons; (ii)the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or a genuine and present or genuine and foreseeable threat of a terrorist attack; (iii)the localisation or identification of a person suspected of having committed a criminal offence, for the purpose of conducting a criminal investigation or prosecution or executing a criminal penalty for offences referred to in Annex II and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least four years. Point (h) of the first subparagraph is without prejudice to Article 9 of Regulation (EU) 2016/679 for the processing of biometric data for purposes other than law enforcement. 2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement for any of the objectives referred to in paragraph 1, first subparagraph, point (h), shall be deployed for the purposes set out in that point only to confirm the identity of the specifically targeted individual, and it shall take into account the following elements: (a)the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm that would be caused if the system were not used; (b)the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement for any of the objectives referred to in paragraph 1, first subparagraph, point (h), of this Article shall comply with necessary and proportionate safeguards and conditions in relation to the use in accordance with the national law author ising the use thereof, in particular as regards the temporal, geographic and personal limitations. The use of the ‘real-time’ remote biometric identification system in publicly accessible spaces shall be authorised only if the law enforcement authority has complete d a fundamental rights impact assessment as provided for in Article 27 and has registered the system in the EU database according to Article 49. However , in duly justified cases of urgency , the use of such systems may be commenced without the registration in the EU database, provided that such registration is completed without undue delay . 3. For the purposes of paragraph 1, first subparagraph, point (h) and paragraph 2, each use for the purposes of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or an independent administrative authority whose decision is binding of the Member State in which the use is to take place, issued upon a reasoned request and in2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 42/110 accordance with the detailed rules of national law referred to in paragraph 5. However , in a duly justified situation of urgency , the use of such system may be commenced without an authorisation provided that such authorisation is requested without undue delay , at the latest within 24 hours. If such authorisation is rejected, the use shall be stopped with immediate effect and all the data, as well as the results and outputs of that use shall be immediately discarded and deleted. The competent judicial authority or an independent administrative authority whose decision is binding shall grant the authorisation only where it is satisfied, on the basis of objective evidence or clear indications presented to it, that the use of the ‘real-time’ remote biometric identification system concerned is necessary for, and proportionate to, achieving one of the objectives specified in paragraph 1, first subparagraph, point (h), as identified in the request and, in particular , remains limited to what is strictly necessary concerning the period of time as well as the geographic and personal scope. In deciding on the request, that authority shall take into account the elements referred to in paragraph 2. No decision that produces an adverse legal effect on a person may be taken based solely on the output of the ‘real-time’ remote biometric identification system. 4. Without prejudice to paragraph 3, each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for law enforcement purposes shall be notified to the relevant market surveillance authority and the national data protec tion authority in accordance with the national rules referred to in paragraph 5. The notification shall, as a minimum, contain the information specified under paragraph 6 and shall not include sensitive operational data. 5. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real- time’ remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement within the limits and under the conditions listed in paragraph 1, first subparagraph, point (h), and paragraphs 2 and 3. Member States concerned shall lay down in their national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision and reporting relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, first subparagraph, point (h), including which of the criminal offences referred to in point (h)(iii) thereof, the competent authorities may be authorised to use those systems for the purposes of law enforcement. Member States shall notify those rules to the Com mission at the latest 30 days following the adoption thereof. Member States may introduce, in accordance with Union law, more restrictive laws on the use of remote biometric identification systems. 6. National market surveillance authorities and the national data protection authorities of Member States that have been notified of the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for law enforcement purposes pursuant to paragraph 4 shall submit to the Commission annual reports on such use. For that purpose, the Commission shall provide Member States and national market surveillance and data protection authorities with a template, including information on the number of the decisions taken by competent judicial authorities or an independent administrative authority whose decision is binding upon requests for authorisations in accordance with paragraph 3 and their result. 7. The Commission shall publish annual reports on the use of real-time remote biometric identification systems in publicly accessible spaces for law enforcement purposes, based on aggregated data in Member States on the basis of the annual reports referred to in paragraph 6. Those annual reports shall not include sensitive operational data of the related law enforcement activities. 8. This Article shall not af fect the prohibitions that apply where an AI practice infringes other Union law . CHAPTER III HIGH-RISK AI SYSTEMS SECTION 1 Classification of AI systems as high-risk Article 6 Classification rules for high-risk AI systems 1. Irrespective of whether an AI system is placed on the market or put into service independently of the products referred to in points (a) and (b), that AI system shall be considered to be high-risk where both of the following conditions are fulfilled: (a)the AI system is intended to be used as a safety component of a product, or the AI system is itself a product, covered by the Union harmonisation legislation listed in Annex I; (b)the product whose safety component pursuant to point (a) is the AI system, or the AI system itself as a product, is required to under go a third-party conformity assessment, with a view to the placing on the market or the putting into service of that product pursuant to the Union harmonisation legislation listed in Annex I. 2. In addition to the high-risk AI syste ms referred to in paragraph 1, AI systems referred to in Annex III shall be considered to be high-risk.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 43/110 3. By derogation from paragraph 2, an AI system referred to in Annex III shall not be considered to be high- risk where it does not pose a significa nt risk of harm to the health, safety or fundamental rights of natural persons, including by not materially influencing the outcome of decision making. The first subparagraph shall apply where any of the following conditions is fulfilled: (a)the AI system is intended to perform a narrow procedural task; (b)the AI system is intended to improve the result of a previously completed human activity; (c)the AI system is intended to detect decision-making patterns or deviations from prior decision-making patterns and is not meant to replace or influence the previously completed human assessment, without proper human review; or (d)the AI system is intended to perform a preparatory task to an assessment relev ant for the purposes of the use cases listed in Annex III. Notwithstanding the first subparagraph, an AI system referred to in Annex III shall always be considered to be high-risk where the AI system performs profiling of natural persons. 4. A provider who considers that an AI system referred to in Annex III is not high-risk shall document its assessment before that system is placed on the market or put into service. Such provider shall be subject to the registration obligation set out in Article 49(2). Upon request of national competent authorities, the provider shall provide the documentation of the assessment. 5. The Commission shall, after consulting the European Artificial Intelligence Board (the ‘Board’), and no later than 2 February 2026, provide guidelines specifying the practical implementation of this Article in line with Article 96 together with a comprehensive list of practical examples of use cases of AI systems that are high-risk and not high-risk. 6. The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend paragraph 3, second subparagraph, of this Article by adding new conditions to those laid down therein, or by modifying them, where there is concrete and reliable evidence of the existence of AI systems that fall under the scope of Annex III, but do not pose a significant risk of harm to the health, safety or fundamental rights of natural persons. 7. The Commission shall adopt delegated acts in accordance with Article 97 in order to amend paragraph 3, second subparagraph, of this Article by deleting any of the conditions laid down therein, where there is concrete and reliable evidence that this is necessary to maintain the level of protection of health, safety and fundamental rights provided for by this Regulation. 8. Any amendment to the conditions laid down in paragraph 3, second subparagraph, adopted in accordance with paragraphs 6 and 7 of this Article shall not decrease the overall level of protection of health, safety and fundamental rights provided for by this Regulation and shall ensure consistency with the delegated acts adopted pursuant to Article 7(1), and take account of market and technological developments. Article 7 Amendments to Annex III 1. The Commission is empowered to adopt delegated acts in accordance with Article 97 to amend Annex III by adding or modifying use-cases of high-risk AI systems where both of the following conditions are fulfilled: (a)the AI systems are intended to be used in any of the areas listed in Annex III; (b)the AI systems pose a risk of harm to health and safety , or an adverse impact on fundamental rights, and that risk is equivalent to, or greater than, the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III. 2. When assessing the condition unde r paragraph 1, point (b), the Commission shall take into account the following criteria: (a)the intended purpose of the AI system; (b)the extent to which an AI system has been used or is likely to be used; (c)the nature and amount of the data processed and used by the AI system, in particular whether special categories of personal data are processed; (d)the extent to which the AI system acts autonomously and the possibility for a human to override a decision or recommendations that may lead to potential harm; (e)the extent to which the use of an AI system has already caused harm to health and safety , has had an adverse impact on fundamental rights or has given rise to significant concerns in relation to the likelihood of such harm or adverse impact, as demonstrated, for example, by reports or documented allegations submitted to national competent authorities or by other reports, as appropriate; (f)the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to af fect multiple persons or to disproportionately af fect a particular group of persons;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 44/110 (g)the extent to which persons who are potentially harmed or suffer an adverse impact are dependent on the outcome produced with an AI system, in particular because for practical or legal reasons it is not reasonably possible to opt-out from that outcome; (h)the extent to which there is an imbalance of power , or the persons who are potentially harmed or suffer an adverse impact are in a vulnerable position in relation to the deployer of an AI system, in particular due to status, authority , knowledge, economic or social circumstances, or age; (i)the extent to which the outcome produced involving an AI system is easily corrigible or reversible, taking into account the technical solutions available to correct or reverse it, whereby outcomes having an adverse impact on health, safety or fundamental rights, shall not be considered to be easily corrigible or reversible; (j)the magnitude and likelihood of benefit of the deployment of the AI system for individuals, groups, or society at lar ge, including possible improvements in product safety; (k)the extent to which existing Union law provides for: (i)effective measures of redress in relation to the risks posed by an AI system, with the exclusion of claims for damages; (ii)effective measures to prevent or substantially minimise those risks. 3. The Commission is empowered to adopt delegated acts in accordance with Article 97 to amend the list in Annex III by removing high-risk AI systems where both of the following conditions are fulfilled: (a)the high-risk AI system concerned no longer poses any significant risks to fundamental rights, health or safety , taking into account the criteria listed in paragraph 2; (b)the deletion does not decrease the overall level of protection of health, safety and fundamental rights under Union law . SECTION 2 Requirements for high-risk AI systems Article 8 Compliance with the r equir ements 1. High-risk AI systems shall comply with the requirements laid down in this Section, taking into account their intended purpose as well as the generally acknowledged state of the art on AI and AI-related technologies. The risk management system referred to in Article 9 shall be taken into account when ensuring compliance with those requirements. 2. Where a product contains an AI system, to which the requirements of this Regulation as well as requirements of the Union harmonisation legislation listed in Section A of Annex I apply , providers shall be responsible for ensuring that their produ ct is fully compliant with all applicable requirements under applicable Union harmonisation legislation. In ensuring the compliance of high-risk AI systems referred to in paragraph 1 with the requirements set out in this Section, and in order to ensure consistency , avoid duplication and minimise additional burdens, providers shall have a choice of integrating, as appropriate, the necessary testing and reporting processes, information and documentation they provide with regard to their product into documentation and procedures that already exist and are required under the Union harmonisation legislation listed in Section A of Annex I. Article 9 Risk management system 1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems. 2. The risk management system shall be understood as a continuous iterative process planned and run throughout the entire lifecycle of a high-risk AI system, requiring regular systematic review and updating. It shall comprise the following steps: (a)the identification and analysis of the known and the reasonably foreseeable risks that the high-risk AI system can pose to health, safety or fundamental rights when the high-risk AI system is used in accordance with its intended purpose; (b)the estimation and evaluation of the risks that may emer ge when the high-risk AI system is used in accordance with its intended purpose, and under conditions of reasonably foreseeable misuse; (c)the evaluation of other risks possibly arising, based on the analysis of data gathered from the post-market monitoring system referred to in Article 72; (d)the adoption of appropriate and targeted risk management measures designed to address the risks identified pursuant to point (a).2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 45/110 3. The risks referred to in this Article shall concern only those which may be reasonably mitigated or eliminated through the development or design of the high-risk AI system, or the provision of adequate technical information. 4. The risk management measures referred to in paragraph 2, point (d), shall give due consideration to the effects and possible interaction resulting from the combined application of the requirements set out in this Section, with a view to minimising risks more effectively while achieving an appropriate balance in implementing the measures to fulfil those requirements. 5. The risk management measures referred to in paragraph 2, point (d), shall be such that the relevant residual risk associated with each hazard, as well as the overall residual risk of the high- risk AI systems is judged to be acceptable. In identifying the most appropriate risk management measures, the following shall be ensured: (a)elimination or reduction of risks identified and evaluated pursuant to paragraph 2 in as far as technically feasible through adequate design and development of the high-risk AI system; (b)where appropriate, implementation of adequate mitigation and control measures addressing risks that cannot be eliminated; (c)provision of information required pursuant to Article 13 and, where appropriate, training to deployers. With a view to eliminating or reducing risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, the training to be expected by the deployer , and the presumable context in which the system is intended to be used. 6. High-risk AI systems shall be tested for the purpose of identifying the most appropriate and targeted risk management measures. Testing shall ensure that high-risk AI systems perform consistently for their intended purpose and that they are in compliance with the requirements set out in this Section. 7. Testing procedures may include testing in real-world conditions in accordance with Article 60. 8. The testing of high-risk AI systems shall be performed, as appropriate, at any time throughout the development process, and, in any event , prior to their being placed on the market or put into service. Testing shall be carried out against prior defined metrics and probabilistic threshol ds that are appropriate to the intended purpose of the high-risk AI system. 9. When implementing the risk management system as provided for in paragra phs 1 to 7, providers shall give consideration to whether in view of its intended purpose the high-risk AI system is likely to have an adverse impact on persons under the age of 18 and, as appropriate, other vulnerable groups. 10. For providers of high-risk AI systems that are subject to requirements regarding internal risk management processes under other relevant provisions of Union law, the aspects provided in paragraphs 1 to 9 may be part of, or combined with, the risk management procedures established pursuant to that law . Article 10 Data and data governance 1. High-risk AI systems which make use of techniques involving the training of AI models with data shall be developed on the basis of training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5 whenever such data sets are used. 2. Training, validation and testing data sets shall be subject to data governa nce and management practices appropriate for the intended purpose of the high-risk AI system. Those practices shall concern in particular: (a)the relevant design choices; (b)data collection processes and the origin of data, and in the case of personal data, the original purpose of the data collection; (c)relevant data-preparation processing operations, such as annotation, labelling, cleaning, updating, enrichment and aggregation; (d)the formulation of assumptions, in particular with respect to the information that the data are supposed to measure and represent; (e)an assessment of the availability , quantity and suitability of the data sets that are needed; (f)examination in view of possible biases that are likely to affect the health and safety of persons, have a negative impact on fundamental rights or lead to discrimination prohibited under Union law, especially where data outputs influence inputs for future operations; (g)appropriate measures to detect, prevent and mitigate possible biases identified according to point (f); (h)the identification of relevant data gaps or shortcomings that prevent complianc e with this Regulation, and how those gaps and shortcomings can be addressed. 3. Training, validation and testing data sets shall be relevant, sufficiently representative, and to the best extent possible, free of errors and complete in view of the intended purpose. They shall have the appropriate statistical2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 46/110 properties, including, where applicable, as regards the persons or groups of persons in relation to whom the high-risk AI system is intended to be used. Those characteristics of the data sets may be met at the level of individual data sets or at the level of a combination thereof. 4. Data sets shall take into account, to the extent required by the intended purpose, the characteristics or elements that are particular to the specific geographical, contextual, behaviou ral or functional setting within which the high-risk AI system is intended to be used. 5. To the extent that it is strictly necessary for the purpose of ensuring bias detection and correction in relation to the high-risk AI systems in accordance with paragraph (2), points (f) and (g) of this Article, the providers of such systems may exceptionally process special categories of personal data, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons. In addition to the provisions set out in Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, all the following conditions must be met in order for such processing to occur: (a)the bias detection and correction cannot be effectively fulfilled by processing other data, including synthetic or anonymised data; (b)the special categories of personal data are subject to technical limitations on the re-use of the personal data, and state-of-the-art security and privacy-preserving measures, including pseudonymisation; (c)the special categories of personal data are subject to measures to ensure that the personal data processed are secured, protected, subject to suitab le safeguards, including strict controls and documentation of the access, to avoid misuse and ensure that only authorised persons have access to those personal data with appropriate confidentiality obligations; (d)the special categories of personal data are not to be transmitted, transferred or otherwise accessed by other parties; (e)the special categories of personal data are deleted once the bias has been corrected or the personal data has reached the end of its retention period, whichever comes first; (f)the records of processing activities pursuant to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680 include the reasons why the processing of special categories of personal data was strictly necessary to detect and correct biases, and why that objective could not be achieved by processing other data. 6. For the development of high-risk AI systems not using techniques involving the training of AI models, paragraphs 2 to 5 apply only to the testing data sets. Article 1 1 Technical documentation 1. The technical documentation of a high-risk AI system shall be drawn up before that system is placed on the market or put into service and shall be kept up-to date. The technical documentation shall be drawn up in such a way as to demonstrate that the high-risk AI system complies with the requirements set out in this Section and to provide national competent authorities and notified bodies with the necessary information in a clear and comprehensive form to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV. SMEs, including start-ups, may provide the elements of the technical documentation specified in Annex IV in a simplified manner . To that end, the Commission shall establish a simplified technical documentation form targeted at the needs of small and microenterprises. Where an SME, including a start-up, opts to provide the information required in Annex IV in a simplified manner , it shall use the form referred to in this paragraph. Notified bodies shall accept the form for the purposes of the conformity assessment. 2. Where a high-risk AI system related to a product covered by the Union harmonisation legislation listed in Section A of Annex I is placed on the market or put into service, a single set of technical documentation shall be drawn up containing all the information set out in paragraph 1, as well as the information required under those legal acts. 3. The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend Annex IV, where necessary , to ensure that, in light of technical progress, the technical documentation provides all the information necessary to assess the compliance of the system with the requirements set out in this Section. Article 12 Record-keeping 1. High-risk AI systems shall technica lly allow for the automatic recording of events (logs) over the lifetime of the system. 2. In order to ensure a level of traceability of the functioning of a high-risk AI system that is appropriate to the intended purpose of the system, logging capabilities shall enable the recording of events relevant for:2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 47/110 (a)identifying situations that may result in the high-risk AI system presenting a risk within the meaning of Article 79(1) or in a substantial modification; (b)facilitating the post-market monitoring referred to in Article 72; and (c)monitoring the operation of high-risk AI systems referred to in Article 26(5). 3. For high-risk AI systems referred to in point 1 (a), of Annex III, the logging capabilities shall provide, at a minimum: (a)recording of the period of each use of the system (start date and time and end date and time of each use); (b)the reference database against which input data has been checked by the system; (c)the input data for which the search has led to a match; (d)the identification of the natural persons involved in the verification of the results, as referred to in Article 14(5). Article 13 Transpar ency and pr ovision of information to deployers 1. High-risk AI systems shall be designed and developed in such a way as to ensure that their operation is sufficiently transparent to enable deployers to interpret a system’ s output and use it appropriately . An appropriate type and degree of transparency shall be ensured with a view to achieving compliance with the relevant obligations of the provider and deployer set out in Section 3. 2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that is relevant, accessible and comprehensible to deployers. 3. The instructions for use shall contain at least the following information: (a)the identity and the contact details of the provider and, where applicable, of its authorised representative; (b)the characteristics, capabilities and limitations of performance of the high-risk AI system, including: (i)its intended purpose; (ii)the level of accuracy , including its metrics, robustness and cybersecurity referred to in Article 15 against which the high-risk AI system has been tested and validated and which can be expected, and any known and foreseeable circumstances that may have an impact on that expected level of accuracy , robustness and cybersecurity; (iii)any known or foreseeable circumstance, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, which may lead to risks to the health and safety or fundamental rights referred to in Article 9(2); (iv)where applicable, the technical capabilities and characteristics of the high-risk AI system to provide information that is relevant to explain its output; (v)when appropriate, its performance regarding specific persons or groups of persons on which the system is intended to be used; (vi)when appropriate, specifications for the input data, or any other relevant information in terms of the training, validation and testing data sets used, taking into account the intended purpose of the high-risk AI system; (vii)where applicable, information to enable deployers to interpret the output of the high-risk AI system and use it appropriately; (c)the changes to the high-risk AI system and its performance which have been pre-determined by the provider at the moment of the initial conformity assessment, if any; (d)the human oversight measures referred to in Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of the high-risk AI systems by the deployers; (e)the computational and hardware resources needed, the expected lifetime of the high-risk AI system and any necessary maintenance and care measures, including their frequency , to ensure the proper functioning of that AI system, including as regards software updates; (f)where relevant, a description of the mechanisms included within the high-r isk AI system that allows deployers to properly collect, store and interpret the logs in accordance with Article 12. Article 14 Human oversight 1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human- machine interface tools, that they can be effectively overseen by natural persons during the period in which they are in use.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 48/110 2. Human oversight shall aim to prevent or minimise the risks to health, safety or fundamental rights that may emer ge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular where such risks persist despite the application of other requirements set out in this Section. 3. The oversight measures shall be commensurate with the risks, level of autonomy and context of use of the high-risk AI system, and shall be ensured through either one or both of the following types of measures: (a)measures identified and built, when technically feasible, into the high-risk AI system by the provider before it is placed on the market or put into service; (b)measures identified by the provider before placing the high-risk AI system on the market or putting it into service and that are appropriate to be implemented by the deployer . 4. For the purpose of implementing paragraphs 1, 2 and 3, the high-risk AI system shall be provided to the deployer in such a way that natural persons to whom human oversight is assigned are enabled, as appropriate and proportionate: (a)to properly understand the relevant capacities and limitations of the high-risk AI system and be able to duly monitor its operation, including in view of detecting and addressing anomalies, dysfunctions and unexpected performance; (b)to remain aware of the possible tendency of automatically relying or over-relying on the output produced by a high-risk AI system (automation bias), in particular for high-risk AI systems used to provide information or recommendations for decisions to be taken by natural persons; (c)to correctly interpret the high-risk AI system’ s output, taking into account, for example, the interpretation tools and methods available; (d)to decide, in any particular situation, not to use the high-risk AI system or to otherwise disregard, override or reverse the output of the high-risk AI system; (e)to intervene in the operation of the high-risk AI system or interrupt the system through a ‘stop’ button or a similar procedure that allows the system to come to a halt in a safe state. 5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 of this Article shall be such as to ensure that, in addition, no action or decision is taken by the deployer on the basis of the identification resulting from the system unless that identification has been separately verified and confirmed by at least two natural persons with the necessary competence, training and authority . The requirement for a separate verific ation by at least two natural persons shall not apply to high-risk AI systems used for the purposes of law enforcement, migration, border control or asylum, where Union or national law considers the application of this requirement to be disproportionate. Article 15 Accuracy , robustness and cybersecurity 1. High-risk AI systems shall be designed and developed in such a way that they achieve an appropriate level of accuracy , robustness, and cybersecurity , and that they perform consistently in those respects throughout their lifecycle. 2. To address the technical aspects of how to measure the appropriate levels of accuracy and robustness set out in paragraph 1 and any other relevant performance metrics, the Commission shall, in cooperation with relevant stakeholders and organisations such as metrology and benchmarking authorities, encourage, as appropriate, the development of benchmarks and measurement methodologies. 3. The levels of accuracy and the relevant accuracy metrics of high-risk AI systems shall be declared in the accompanying instructions of use. 4. High-risk AI systems shall be as resilient as possible regarding errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems. Technical and or ganisational measures shall be taken in this regard. The robustness of high-risk AI systems may be achieved through technical redundancy solutions, which may include backup or fail-safe plans. High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way as to elimin ate or reduce as far as possible the risk of possibly biased outputs influencing input for future operations (feedback loops), and as to ensure that any such feedback loops are duly addressed with appropriate mitigation measures. 5. High-risk AI systems shall be resilient against attempts by unauthorised third parties to alter their use, outputs or performance by exploiting system vulnerabilities. The technical solutions aiming to ensure the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 49/110 The technical solutions to address AI specific vulnerabilities shall include, where appropriate, measures to prevent, detect, respond to, resolve and control for attacks trying to manipulate the training data set (data poisoning), or pre-trained components used in training (model poisoning), inputs designed to cause the AI model to make a mistake (adversarial examples or model evasion), confidentiality attacks or model flaws. SECTION 3 Obligations of providers and deployers of high-risk AI systems and other parties Article 16 Obligations of pr oviders of high-risk AI systems Providers of high-risk AI systems shall: (a)ensure that their high-risk AI systems are compliant with the requirements set out in Section 2; (b)indicate on the high-risk AI system or, where that is not possible, on its pack aging or its accompanying documentation, as applicable, their name, registered trade name or registered trade mark, the address at which they can be contacted; (c)have a quality management system in place which complies with Article 17; (d)keep the documentation referred to in Article 18; (e)when under their control, keep the logs automatically generated by their high-risk AI systems as referred to in Article 19; (f)ensure that the high-risk AI system under goes the relevant conformity assessment procedure as referred to in Article 43, prior to its being placed on the market or put into service; (g)draw up an EU declaration of conformity in accordance with Article 47; (h)affix the CE marking to the high-risk AI system or, where that is not possible, on its packaging or its accompanying documentation, to indicate conformity with this Regulation, in accordance with Article 48; (i)comply with the registration obligations referred to in Article 49(1); (j)take the necessary corrective actions and provide information as required in Article 20; (k)upon a reasoned request of a national competent authority , demonstrate the conformity of the high-risk AI system with the requirements set out in Section 2; (l)ensure that the high-risk AI system complies with accessibility requirements in accordance with Directives (EU) 2016/2102 and (EU) 2019/882. Article 17 Quality management system 1. Providers of high-risk AI systems shall put a quality management system in place that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions, and shall include at least the following aspects: (a)a strategy for regulatory compliance, including compliance with conformity assessment procedures and procedures for the management of modifications to the high-risk AI system; (b)techniques, procedures and systematic actions to be used for the design, design control and design verification of the high-risk AI system; (c)techniques, procedures and systematic actions to be used for the development, quality control and quality assurance of the high-risk AI system; (d)examination, test and validation procedures to be carried out before, during and after the development of the high-risk AI system, and the frequency with which they have to be carried out; (e)technical specifications, including stand ards, to be applied and, where the relevant harmonised standards are not applied in full or do not cover all of the relevant requirements set out in Section 2, the means to be used to ensure that the high-risk AI system complies with those requirements; (f)systems and procedures for data manag ement, including data acquisition, data collection, data analysis, data labelling, data storage, data filtrat ion, data mining, data aggregation, data retention and any other operation regarding the data that is performed before and for the purpose of the placing on the market or the putting into service of high-risk AI systems; (g)the risk management system referred to in Article 9; (h)the setting-up, implementation and maintenance of a post-market monitoring system, in accordance with Article 72; (i)procedures related to the reporting of a serious incident in accordance with Article 73;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 50/110 (j)the handling of communication with national competent authorities, other relevant authorities, including those providing or supporting the access to data, notified bodies, other operators, customers or other interested parties; (k)systems and procedures for record-keeping of all relevant documentation and information; (l)resource management, including security-of-supply related measures; (m)an accountability framework setting out the responsibilities of the management and other staff with regard to all the aspects listed in this paragraph. 2. The implementation of the aspects referred to in paragraph 1 shall be proportionate to the size of the provider ’s organisation. Providers shall, in any event, respect the degree of rigour and the level of protection required to ensure the compliance of their high-risk AI systems with this Regulation. 3. Providers of high-risk AI systems that are subject to obligations regarding quality management systems or an equivalent function under relevant sectoral Union law may include the aspects listed in paragraph 1 as part of the quality management systems pursuant to that law . 4. For providers that are financial institutions subject to requirements regarding their internal governance, arrangements or processes under Union financial services law, the obligation to put in place a quality management system, with the exception of paragraph 1, points (g), (h) and (i) of this Article, shall be deemed to be fulfilled by complying with the rules on internal governance arrangements or processes pursuant to the relevant Union financial services law. To that end, any harmonised standards referred to in Article 40 shall be taken into account. Article 18 Documentation keeping 1. The provider shall, for a period ending 10 years after the high-risk AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities: (a)the technical documentation referred to in Article 1 1; (b)the documentation concerning the quality management system referred to in Article 17; (c)the documentation concerning the changes approved by notified bodies, where applicable; (d)the decisions and other documents issued by the notified bodies, where applicable; (e)the EU declaration of conformity referred to in Article 47. 2. Each Member State shall determine conditions under which the documentation referred to in paragraph 1 remains at the disposal of the national competent authorities for the period indicated in that paragraph for the cases when a provider or its authorised representative established on its territory goes bankrupt or ceases its activity prior to the end of that period. 3. Providers that are financial institutions subject to requirements regarding their internal governance, arrangements or processes under Union financial services law shall maintain the technical documentation as part of the documentation kept under the relevant Union financial services law . Article 19 Automatically generated logs 1. Providers of high-risk AI systems shall keep the logs referred to in Article 12(1), automatically generated by their high-risk AI systems, to the extent such logs are under their control. Without prejudice to applicable Union or national law, the logs shall be kept for a period appropriate to the intended purpose of the high-risk AI system, of at least six months, unless provided otherwise in the applicable Union or national law, in particular in Union law on the protection of personal data. 2. Providers that are financial institutions subject to requirements regarding their internal governance, arrangements or processes under Union financial services law shall maintain the logs automatically generated by their high-risk AI systems as part of the documentation kept under the relevant financial services law . Article 20 Corr ective actions and duty of information 1. Providers of high-risk AI systems which consider or have reason to consider that a high-risk AI system that they have placed on the market or put into service is not in conformity with this Regulation shall immediately take the necessary corrective actions to bring that system into conformity , to withdraw it, to disable it, or to recall it, as appropriate. They shall inform the distributors of the high-risk AI system concerned and, where applicable, the deployers, the authorised representative and importers accordingly . 2. Where the high-risk AI system presents a risk within the meaning of Article 79(1) and the provider becomes aware of that risk, it shall immediately investigate the causes, in collaboratio n with the reporting deployer , where applicable, and inform the market surveillance authorities competent for the high-risk AI system2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 51/110 concerned and, where applicable, the notified body that issued a certificate for that high-risk AI system in accordance with Article 44, in particular , of the nature of the non-compliance and of any relevant corrective action taken. Article 21 Cooperation with competent authorities 1. Providers of high-risk AI systems shall, upon a reasoned request by a competent authority , provide that authority all the information and documentation necessary to demonstrate the conformity of the high-risk AI system with the requirements set out in Section 2, in a language which can be easily understood by the authority in one of the official languages of the institutions of the Union as indicated by the Member State concerned. 2. Upon a reasoned request by a competent authority , providers shall also give the requesting competent authority , as applicable, access to the automatically generated logs of the high-risk AI system referred to in Article 12(1), to the extent such logs are under their control. 3. Any information obtained by a competent authority pursuant to this Article shall be treated in accordance with the confidentiality obligations set out in Article 78. Article 22 Authorised r epresentatives of pr oviders of high-risk AI systems 1. Prior to making their high-risk AI systems available on the Union market , providers established in third countries shall, by written mandate, appoint an authorised representative which is established in the Union. 2. The provider shall enable its authorised representative to perform the tasks specified in the mandate received from the provider . 3. The authorised representative shall perform the tasks specified in the mandate received from the provider . It shall provide a copy of the mandate to the market surveillance authorities upon request, in one of the official languages of the institutions of the Union, as indicated by the competent authority . For the purposes of this Regulation, the mandate shall empower the authorised representative to carry out the following tasks: (a)verify that the EU declaration of conformity referred to in Article 47 and the technical documentation referred to in Article 11 have been drawn up and that an appropriate conformity assessment procedure has been carried out by the provider; (b)keep at the disposal of the competent authorities and national authorities or bodies referred to in Article 74(10), for a period of 10 years after the high-risk AI system has been placed on the market or put into service, the contact details of the provider that appointed the authorised representative, a copy of the EU declaration of conformity referred to in Article 47, the technical documentation and, if applicable, the certificate issued by the notified body; (c)provide a competent authority , upon a reasoned request, with all the inform ation and documentation, including that referred to in point (b) of this subparagraph, necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Section 2, including access to the logs, as referred to in Article 12(1), automatically generated by the high-risk AI system, to the extent such logs are under the control of the provider; (d)cooperate with competent authorities, upon a reasoned request, in any action the latter take in relation to the high-risk AI system, in particular to reduce and mitigate the risks posed by the high-risk AI system; (e)where applicable, comply with the registration obligations referred to in Article 49(1), or, if the registration is carried out by the provider itself, ensure that the information referred to in point 3 of Section A of Annex VIII is correct. The mandate shall empower the authorised representative to be addressed, in addition to or instead of the provider , by the competent authorities, on all issues related to ensuring compliance with this Regulation. 4. The authorised representative shall terminate the mandate if it considers or has reason to consider the provider to be acting contrary to its obligations pursuant to this Regulation. In such a case, it shall immediately inform the relevant market surveillance authority , as well as, where applicable, the relevant notified body , about the termination of the mandate and the reasons therefor . Article 23 Obligations of importers 1. Before placing a high-risk AI system on the market, importers shall ensure that the system is in conformity with this Regulation by verifying that: (a)the relevant conformity assessment procedure referred to in Article 43 has been carried out by the provider of the high-risk AI system; (b)the provider has drawn up the technical documentation in accordance with Article 1 1 and Annex IV ;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 52/110 (c)the system bears the required CE marking and is accompanied by the EU declaration of conformity referred to in Article 47 and instructions for use; (d)the provider has appointed an authorised representative in accordance with Article 22(1). 2. Where an importer has sufficient reason to consider that a high-risk AI system is not in conformity with this Regulation, or is falsified, or accompanied by falsified documentation, it shall not place the system on the market until it has been brought into conformity . Where the high-risk AI system presents a risk within the meaning of Article 79(1), the importer shall inform the provider of the system, the authorised representative and the market surveillance authorities to that ef fect. 3. Importers shall indicate their name, registered trade name or registered trade mark, and the address at which they can be contacted on the high-risk AI system and on its packaging or its accompanying documentation, where applicable. 4. Importers shall ensure that, while a high-risk AI system is under their responsibility , storage or transport conditions, where applicable, do not jeopardise its compliance with the requirements set out in Section 2. 5. Importers shall keep, for a period of 10 years after the high-risk AI system has been placed on the market or put into service, a copy of the certificat e issued by the notified body , where applicable, of the instructions for use, and of the EU declaration of conformity referred to in Article 47. 6. Importers shall provide the relevant competent authorities, upon a reasoned request, with all the necessary information and documentation, including that referred to in paragraph 5, to demonstrate the conformity of a high-risk AI system with the requirements set out in Section 2 in a language which can be easily understood by them. For this purpose, they shall also ensure that the technical documentation can be made available to those authorities. 7. Importers shall cooperate with the relevant competent authorities in any action those authorities take in relation to a high-risk AI system placed on the market by the importers, in particular to reduce and mitigate the risks posed by it. Article 24 Obligations of distributors 1. Before making a high-risk AI system available on the market, distributo rs shall verify that it bears the required CE marking, that it is accompanied by a copy of the EU declaration of conformity referred to in Article 47 and instructions for use, and that the provider and the importer of that system, as applicable, have complied with their respective obligations as laid down in Article 16, points (b) and (c) and Article 23(3). 2. Where a distributor considers or has reason to consider , on the basis of the information in its possession, that a high-risk AI system is not in conformity with the requirements set out in Section 2, it shall not make the high-risk AI system available on the market until the system has been brought into conformity with those requirements. Furthermore, where the high-risk AI system presents a risk within the meaning of Article 79(1), the distributor shall inform the provider or the importer of the system, as applicable, to that ef fect. 3. Distributors shall ensure that, while a high-risk AI system is under their responsibility , storage or transport conditions, where applicable, do not jeopardise the compliance of the system with the requirements set out in Section 2. 4. A distributor that considers or has reason to consider , on the basis of the information in its possession, a high-risk AI system which it has made available on the market not to be in conformity with the requirements set out in Section 2, shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it, or shall ensure that the provider , the importer or any relevant operator , as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 79(1), the distributor shall immediately inform the provider or importer of the system and the authorities competent for the high-risk AI system concerned, giving details, in particular , of the non-compliance and of any corrective actions taken. 5. Upon a reasoned request from a relevant competent authority , distributors of a high-risk AI system shall provide that authority with all the information and documentation regarding their actions pursuant to paragraphs 1 to 4 necessary to demonstrate the conformity of that system with the requirements set out in Section 2. 6. Distributors shall cooperate with the relevant competent authorities in any action those authorities take in relation to a high-risk AI system made available on the market by the distributors, in particular to reduce or mitigate the risk posed by it. Article 25 Responsibilities along the AI value chain 1. Any distributor , importer , deployer or other third-party shall be considered to be a provider of a high-risk AI system for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 53/110 (a)they put their name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligations are otherwise allocated; (b)they make a substantial modification to a high-risk AI system that has already been placed on the market or has already been put into service in such a way that it remains a high-risk AI system pursuant to Article 6; (c)they modify the intended purpose of an AI system, including a general-purpose AI system, which has not been classified as high-risk and has already been placed on the market or put into service in such a way that the AI system concerned becomes a high-risk AI system in accordance with Article 6. 2. Where the circumstances referred to in paragraph 1 occur , the provider that initially placed the AI system on the market or put it into service shall no longer be considered to be a provider of that specific AI system for the purposes of this Regulation. That initial provider shall closely cooperate with new providers and shall make available the necessary information and provide the reasonably expected technical access and other assistance that are required for the fulfilment of the obligations set out in this Regulation, in particular regarding the compliance with the conformity assessment of high-risk AI systems. This paragraph shall not apply in cases where the initial provider has clearly specified that its AI system is not to be changed into a high-risk AI system and therefore does not fall under the obligation to hand over the documentation. 3. In the case of high-risk AI systems that are safety components of products covered by the Union harmonisation legislation listed in Section A of Annex I, the product manufacturer shall be considered to be the provider of the high-risk AI system, and shall be subject to the obligations under Article 16 under either of the following circumstances: (a)the high-risk AI system is placed on the market together with the product under the name or trademark of the product manufacturer; (b)the high-risk AI system is put into service under the name or trademark of the product manufacturer after the product has been placed on the market. 4. The provider of a high-risk AI system and the third party that supplies an AI system, tools, services, components, or processes that are used or integrated in a high-risk AI system shall, by written agreement, specify the necessary information, capabilities, technical access and other assistance based on the generally acknowledged state of the art, in order to enable the provider of the high-risk AI system to fully comply with the obligations set out in this Regulation. This paragraph shall not apply to third parties making accessible to the public tools, services, processes, or components, other than general-purpose AI models, under a free and open-source licence. The AI Office may develop and recommend voluntary model terms for contracts between providers of high-risk AI systems and third parties that supply tools, services, components or processes that are used for or integrated into high-risk AI systems. When developing those voluntary model terms, the AI Office shall take into account possible contractual requirements applicable in specific sectors or business cases. The voluntary model terms shall be published and be available free of char ge in an easily usable electronic format. 5. Paragraphs 2 and 3 are without prejudice to the need to observe and protect intellectual property rights, confidential business information and trade secrets in accordance with Union and national law . Article 26 Obligations of deployers of high-risk AI systems 1. Deployers of high-risk AI systems shall take appropriate technical and organisational measures to ensure they use such systems in accordance with the instructions for use accompanying the systems, pursuant to paragraphs 3 and 6. 2. Deployers shall assign human oversight to natural persons who have the necessary competence, training and authority , as well as the necessary support. 3. The obligations set out in paragraphs 1 and 2, are without prejudice to other deployer obligations under Union or national law and to the deployer ’s freedom to organise its own resourc es and activities for the purpose of implementing the human oversight measures indicated by the provider . 4. Without prejudice to paragraphs 1 and 2, to the extent the deployer exercises control over the input data, that deployer shall ensure that input data is relevant and sufficiently representative in view of the intended purpose of the high-risk AI system. 5. Deployers shall monitor the operation of the high-risk AI system on the basis of the instructions for use and, where relevant, inform providers in accordance with Article 72. Where deployers have reason to consider that the use of the high-risk AI system in accordance with the instructions may result in that AI system presenting a risk within the meaning of Article 79(1), they shall, without undue delay , inform the provider or distributor and the relevant market surveillance authority , and shall suspend the use of that system. Where deployers have identified a serious incident, they shall also immediately inform first the provider , and then the importer or distributor and the relevant market surveillance authorities of that incident. If the deployer is not able to reach the provider , Article 73 shall apply mutatis mutandis . This obligation shall not cover sensitive operational data of deployers of AI systems which are law enforcement authorities.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 54/110 For deployers that are financial institutions subject to requirements regard ing their internal governance, arrangements or processes under Union financial services law, the monitoring obligation set out in the first subparagraph shall be deemed to be fulfilled by complying with the rules on internal governance arrangements, processes and mechanisms pursuant to the relevant financial service law . 6. Deployers of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system to the extent such logs are under their control, for a period appropriate to the intended purpose of the high-risk AI system, of at least six months, unless provided otherwise in applicable Union or national law, in particular in Union law on the protection of personal data. Deployers that are financial institutions subject to requirements regarding their internal governance, arrangements or processes under Union financial services law shall maintain the logs as part of the documentation kept pursuant to the relevant Union financial service law . 7. Before putting into service or using a high-risk AI system at the workplace , deployers who are employers shall inform workers’ representatives and the affected workers that they will be subject to the use of the high- risk AI system. This information shall be provided, where applicable, in accordance with the rules and procedures laid down in Union and national law and practice on information of workers and their representatives. 8. Deployers of high-risk AI systems that are public authorities, or Union institutions, bodies, offices or agencies shall comply with the registration obligations referred to in Article 49. When such deployers find that the high-risk AI system that they envisage using has not been registered in the EU database referred to in Article 71, they shall not use that system and shall inform the provider or the distributor . 9. Where applicable, deployers of high-risk AI systems shall use the informati on provided under Article 13 of this Regulation to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680. 10. Without prejudice to Directive (EU) 2016/680, in the framework of an investigation for the targeted search of a person suspected or convicted of having committed a criminal offence, the deployer of a high-risk AI system for post-remote biometric identification shall request an authorisation, ex ante, or without undue delay and no later than 48 hours, by a judicial authority or an administrative authority whose decision is binding and subject to judicial review , for the use of that system, except when it is used for the initial identification of a potential suspect based on objective and verifiable facts directly linked to the offence. Each use shall be limited to what is strictly necessary for the investigation of a specific criminal of fence. If the authorisation requested pursuant to the first subparagraph is rejected, the use of the post-remote biometric identification system linked to that requested authorisation shall be stopped with immediate effect and the personal data linked to the use of the high-risk AI system for which the authorisation was requested shall be deleted. In no case shall such high-risk AI system for post-remote biometric identification be used for law enforcement purposes in an untar geted way, without any link to a criminal offence, a criminal proceeding, a genuine and present or genuine and foreseeable threat of a criminal offence, or the search for a specific missing person. It shall be ensured that no decision that produces an adverse legal effect on a person may be taken by the law enforcement authorities based solely on the output of such post-remote biometric identification systems. This paragraph is without prejudice to Article 9 of Regulation (EU) 2016/679 and Article 10 of Directive (EU) 2016/680 for the processing of biometric data. Regardless of the purpose or deployer , each use of such high-risk AI systems shall be documented in the relevant police file and shall be made available to the relevant market surveillance authority and the national data protection authority upon request, excluding the disclosure of sensitive operational data related to law enforcement. This subparagraph shall be without prejudice to the powers conferred by Directive (EU) 2016/680 on supervisory authorities. Deployers shall submit annual reports to the relevant market surveillance and national data protection authorities on their use of post-remote biometric identification systems, excluding the disclosure of sensitive operational data related to law enfor cement. The reports may be aggrega ted to cover more than one deployment. Member States may introduce, in accordance with Union law, more restrictive laws on the use of post-remote biometric identification systems. 11. Without prejudice to Article 50 of this Regulation, deployers of high- risk AI systems referred to in Annex III that make decisions or assist in making decisions related to natural persons shall inform the natural persons that they are subject to the use of the high-risk AI system. For high-risk AI systems used for law enforcement purposes Article 13 of Directive (EU) 2016/680 shall apply . 12. Deployers shall cooperate with the relevant competent authorities in any action those authorities take in relation to the high-risk AI system in order to implement this Regulation. Article 272/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 55/110 Fundamental rights impact assessment for high-risk AI systems 1. Prior to deploying a high-risk AI system referred to in Article 6(2), with the exception of high-risk AI systems intended to be used in the area listed in point 2 of Annex III, deployers that are bodies governed by public law, or are private entities providing public services, and deployers of high-risk AI systems referred to in points 5 (b) and (c) of Annex III, shall perform an assessment of the impact on fundamental rights that the use of such system may produce. For that purpose, deployers shall perform an assessment consisting of: (a)a description of the deployer ’s process es in which the high-risk AI system will be used in line with its intended purpose; (b)a description of the period of time within which, and the frequency with which, each high-risk AI system is intended to be used; (c)the categories of natural persons and groups likely to be af fected by its use in the specific context; (d)the specific risks of harm likely to have an impact on the categories of natural persons or groups of persons identified pursuant to point (c) of this paragraph, taking into account the information given by the provider pursuant to Article 13; (e)a description of the implementation of human oversight measures, according to the instructions for use; (f)the measures to be taken in the case of the materialisation of those risks, including the arrangements for internal governance and complaint mechanisms. 2. The obligation laid down in paragraph 1 applies to the first use of the high-risk AI system. The deployer may, in similar cases, rely on previously conducted fundamental rights impact assessments or existing impact assessments carried out by provider . If, during the use of the high-risk AI system, the deployer considers that any of the elements listed in paragraph 1 has changed or is no longer up to date, the deployer shall take the necessary steps to update the information. 3. Once the assessment referred to in paragraph 1 of this Article has been performed, the deployer shall notify the market surveillance authority of its results, submitting the filled-out template referred to in paragraph 5 of this Article as part of the notification. In the case referred to in Article 46(1), deployers may be exempt from that obligation to notify . 4. If any of the obligations laid down in this Article is already met through the data protection impact assessment conducted pursuant to Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, the fundamental rights impact assessment referred to in paragraph 1 of this Article shall complement that data protection impact assessment. 5. The AI Office shall develop a template for a questionnaire, including through an automated tool, to facilitate deployers in complying with their obligations under this Article in a simplified manner . SECTION 4 Notifying authorities and notified bodies Article 28 Notifying authorities 1. Each Member State shall designate or establish at least one notifying authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monito ring. Those procedures shall be develop ed in cooperation between the notifying authorities of all Member States. 2. Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by a national accreditation body within the meaning of, and in accordance with, Regulation (EC) No 765/2008. 3. Notifying authorities shall be established, organised and operated in such a way that no conflict of interest arises with conformity assessment bodies, and that the objectivity and impartiality of their activities are safeguarded. 4. Notifying authorities shall be organised in such a way that decisions relating to the notification of conformity assessment bodies are taken by competent persons different from those who carried out the assessment of those bodies. 5. Notifying authorities shall offer or provide neither any activities that conformity assessment bodies perform, nor any consultancy services on a commercial or competitive basis. 6. Notifying authorities shall safeguard the confidentiality of the information that they obtain, in accordance with Article 78. 7. Notifying authorities shall have an adequate number of competent personnel at their disposal for the proper performance of their tasks. Competent personnel shall have the necessary exper tise, where applicable, for their2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 56/110 function, in fields such as information technologies, AI and law, including the supervision of fundamental rights. Article 29 Application of a conformity assessment body for notification 1. Conformity assessment bodies shall submit an application for notification to the notifying authority of the Member State in which they are established. 2. The application for notification shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the types of AI systems for which the conformity assessment body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 31. Any valid document related to existing designations of the applicant notified body under any other Union harmonisation legislation shall be added. 3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 31. 4. For notified bodies which are designated under any other Union harmonisation legislation, all documents and certificates linked to those designa tions may be used to support their designation procedure under this Regulation, as appropriate. The notified body shall update the documentation referred to in paragraphs 2 and 3 of this Article whenever relevant changes occur , in order to enable the authority responsible for notified bodies to monitor and verify continuous compliance with all the requirements laid down in Article 31. Article 30 Notification pr ocedur e 1. Notifying authorities may notify only conformity assessment bodies which have satisfied the requirements laid down in Article 31. 2. Notifying authorities shall notify the Commission and the other Member States, using the electronic notification tool developed and managed by the Commission, of each conformity assessment body referred to in paragraph 1. 3. The notification referred to in paragraph 2 of this Article shall include full details of the conformity assessment activities, the conformity assessment module or modules, the types of AI systems concerned, and the relevant attestation of competence. Where a notification is not based on an accreditation certificate as referred to in Article 29(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the competence of the conformi ty assessment body and to the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 31. 4. The conformity assessment body concerned may perform the activities of a notified body only where no objections are raised by the Commissio n or the other Member States within two weeks of a notification by a notifying authority where it includes an accreditation certificate referred to in Article 29(2), or within two months of a notification by the notifying authority where it includes docum entary evidence referred to in Article 29(3). 5. Where objections are raised, the Commission shall, without delay , enter into consultations with the relevant Member States and the conformity assessment body . In view thereof, the Commission shall decide whether the authorisation is justified. The Commission shall address its decision to the Member State concerned and to the relevant conformity assessment body . Article 31 Requir ements r elating to notified bodies 1. A notified body shall be established under the national law of a Member State and shall have legal personality . 2. Notified bodies shall satisfy the organisational, quality management, resources and process requirements that are necessary to fulfil their tasks, as well as suitable cybersecurity requirements. 3. The organisational structure, allocation of responsibilities, reporting lines and operation of notified bodies shall ensure confidence in their performance, and in the results of the conformity assessment activities that the notified bodies conduct. 4. Notified bodies shall be independe nt of the provider of a high-risk AI system in relation to which they perform conformity assessment activiti es. Notified bodies shall also be independent of any other operator having an economic interest in high-ris k AI systems assessed, as well as of any competitors of the provider .2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 57/110 This shall not preclude the use of assessed high-risk AI systems that are necessary for the operations of the conformity assessment body , or the use of such high-risk AI systems for personal purposes. 5. Neither a conformity assessment body , its top-level management nor the personnel responsible for carrying out its conformity assessment tasks shall be directly involved in the design, development, marketing or use of high-risk AI systems, nor shall they represent the parties engaged in those activities. They shall not engage in any activity that might conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall, in particular , apply to consultancy services. 6. Notified bodies shall be organised and operated so as to safeguard the independence, objectivity and impartiality of their activities. Notified bodies shall document and implement a structure and procedures to safeguard impartiality and to promote and apply the principles of impartiality throughout their organisation, personnel and assessment activities. 7. Notified bodies shall have docum ented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies maintain, in accordance with Article 78, the confidentiality of the information which comes into their possession during the performance of conformity assessment activities, except when its disclosure is required by law. The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the notifying authorities of the Member State in which their activities are carried out. 8. Notified bodies shall have procedures for the performance of activities which take due account of the size of a provider , the sector in which it operates, its structure, and the degree of complexity of the AI system concerned. 9. Notified bodies shall take out appropriate liability insurance for their conformity assessment activities, unless liability is assumed by the Member State in which they are established in accordance with national law or that Member State is itself directly responsible for the conformity assessment. 10. Notified bodies shall be capable of carrying out all their tasks under this Regulation with the highest degree of professional integrity and the requisite competence in the specific field, whether those tasks are carried out by notified bodies themselves or on their behalf and under their responsibility . 11. Notified bodies shall have sufficient internal competences to be able effectively to evaluate the tasks conducted by external parties on their behalf. The notified body shall have permanent availability of sufficient administrative, technical, legal and scientific personnel who possess experience and knowledge relating to the relevant types of AI systems, data and data computing, and relating to the requirements set out in Section 2. 12. Notified bodies shall participate in coordination activities as referred to in Article 38. They shall also take part directly , or be represented in, European standardisation organisations, or ensure that they are aware and up to date in respect of relevant standards. Article 32 Presumption of conformity with r equir ements r elating to notified bodies Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union , it shall be presumed to comply with the requirements set out in Article 31 in so far as the applicable harmonised standards cover those requirements. Article 33 Subsidiaries of notified bodies and subcontracting 1. Where a notified body subcontracts specific tasks connected with the conform ity assessment or has recourse to a subsidiary , it shall ensure that the subcontractor or the subsidiary meets the requirements laid down in Article 31, and shall inform the notifying authority accordingly . 2. Notified bodies shall take full responsibility for the tasks performed by any subcontractors or subsidiaries. 3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the provider . Notified bodies shall make a list of their subsidiaries publicly available. 4. The relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by them under this Regulation shall be kept at the disposal of the notifying authority for a period of five years from the termination date of the subcontracting. Article 34 Operational obligations of notified bodies 1. Notified bodies shall verify the conformity of high-risk AI systems in accordance with the conformity assessment procedures set out in Article 43.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 58/110 2. Notified bodies shall avoid unnecessary burdens for providers when performing their activities, and take due account of the size of the provider , the sector in which it operates, its structure and the degree of complexity of the high-risk AI system concerned, in particular in view of minimising administrative burdens and compliance costs for micro- and small enterprises within the meaning of Recommendation 2003/361/EC. The notified body shall, nevertheless, respect the degree of rigour and the level of protection required for the compliance of the high-risk AI system with the requirements of this Regulation. 3. Notified bodies shall make available and submit upon request all relevant documentation, including the providers’ documentation, to the notifying authority referred to in Article 28 to allow that authority to conduct its assessment, designation, notification and monitoring activities, and to facilitate the assessment outlined in this Section. Article 35 Identification numbers and lists of notified bodies 1. The Commission shall assign a single identification number to each notified body , even where a body is notified under more than one Union act. 2. The Commission shall make publicly available the list of the bodies notified under this Regulation, including their identification numbers and the activities for which they have been notified. The Commission shall ensure that the list is kept up to date. Article 36 Changes to notifications 1. The notifying authority shall notify the Commission and the other Member States of any relevant changes to the notification of a notified body via the electronic notification tool referred to in Article 30(2). 2. The procedures laid down in Articles 29 and 30 shall apply to extensions of the scope of the notification. For changes to the notification other than extensions of its scope, the procedures laid down in paragraphs (3) to (9) shall apply . 3. Where a notified body decides to cease its conformity assessment activities, it shall inform the notifying authority and the providers concerned as soon as possible and, in the case of a planned cessation, at least one year before ceasing its activities. The certificates of the notified body may remain valid for a period of nine months after cessation of the notified body’ s activities, on condition that another notified body has confirmed in writing that it will assume responsibilities for the high-risk AI systems covered by those certificates. The latter notified body shall complete a full assessment of the high-risk AI systems affected by the end of that nine- month-period before issuing new certificates for those systems. Where the notified body has ceased its activity , the notifying authority shall withdraw the designation. 4. Where a notifying authority has sufficient reason to consider that a notified body no longer meets the requirements laid down in Article 31, or that it is failing to fulfil its obligations, the notifying authority shall without delay investigate the matter with the utmost diligence. In that context, it shall inform the notified body concerned about the objections raised and give it the possibility to make its views known. If the notifying authority comes to the conclusion that the notified body no longer meets the requirements laid down in Article 31 or that it is failing to fulfil its obligations, it shall restrict, suspend or withdraw the designation as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations. It shall immediately inform the Commission and the other Member States accordingly . 5. Where its designation has been suspended, restricted, or fully or partially withdrawn, the notified body shall inform the providers concerned within 10 days. 6. In the event of the restriction, suspe nsion or withdrawal of a designation, the notifying authority shall take appropriate steps to ensure that the files of the notified body concerned are kept, and to make them available to notifying authorities in other Member States and to market surveillance authorities at their request. 7. In the event of the restriction, suspension or withdrawal of a designation, the notifying authority shall: (a)assess the impact on the certificates issued by the notified body; (b)submit a report on its findings to the Commission and the other Member States within three months of having notified the changes to the designation; (c)require the notified body to suspend or withdraw , within a reasonable period of time determined by the authority , any certificates which were unduly issued, in order to ensure the continuing conformity of high- risk AI systems on the market; (d)inform the Commission and the Membe r States about certificates the suspension or withdrawal of which it has required; (e)provide the national competent authorities of the Member State in which the provider has its registered place of business with all relevant information about the certificates of which it has required the suspension2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 59/110 or withdrawal; that authority shall take the appropriate measures, where necessary , to avoid a potential risk to health, safety or fundamental rights. 8. With the exception of certificates unduly issued, and where a designation has been suspended or restricted, the certificates shall remain valid in one of the following circumstances: (a)the notifying authority has confirmed, within one month of the suspension or restriction, that there is no risk to health, safety or fundamental rights in relation to certificates affected by the suspension or restriction, and the notifying authority has outlined a timeline for actions to remedy the suspension or restriction; or (b)the notifying authority has confirmed that no certificates relevant to the suspension will be issued, amended or re-issued during the course of the suspension or restriction, and states whether the notified body has the capability of continuing to monitor and remain responsible for existing certificates issued for the period of the suspension or restriction; in the event that the notifying authority determines that the notified body does not have the capability to support existing certificates issued, the provider of the system covered by the certificate shall confirm in writing to the national competent authorities of the Member State in which it has its registered place of business, within three months of the suspension or restriction, that another qualified notified body is temporarily assuming the functions of the notified body to monitor and remain responsible for the certificates during the period of suspension or restriction. 9. With the exception of certificate s unduly issued, and where a designation has been withdrawn, the certificates shall remain valid for a period of nine months under the following circumstances: (a)the national competent authority of the Member State in which the provider of the high-risk AI system covered by the certificate has its registered place of business has confirmed that there is no risk to health, safety or fundamental rights associated with the high-risk AI systems concerned; and (b)another notified body has confirmed in writing that it will assume immediate responsibility for those AI systems and completes its assessment within 12 months of the withdrawal of the designation. In the circumstances referred to in the first subparagraph, the national competent authority of the Member State in which the provider of the system covered by the certificate has its place of business may extend the provisional validity of the certificates for additional periods of three months, which shall not exceed 12 months in total. The national competent authority or the notified body assuming the functions of the notified body affected by the change of designation shall immediately inform the Commission, the other Member States and the other notified bodies thereof. Article 37 Challenge to the competence of notified bodies 1. The Commission shall, where necessary , investigate all cases where there are reasons to doubt the competence of a notified body or the continued fulfilment by a notified body of the requirements laid down in Article 31 and of its applicable responsibilities. 2. The notifying authority shall provide the Commission, on request, with all relevant information relating to the notification or the maintenance of the competence of the notified body concerned. 3. The Commission shall ensure that all sensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially in accordance with Article 78. 4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including the suspension or withdrawal of the notification if necessary . Where the Member State fails to take the necessary corrective measures, the Commission may, by means of an implementing act, suspend, restrict or withdraw the design ation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2). Article 38 Coordination of notified bodies 1. The Commission shall ensure that, with regard to high-risk AI systems, appropriate coordination and cooperation between notified bodies active in the conformity assessment proced ures pursuant to this Regulation are put in place and properly operated in the form of a sectoral group of notified bodies. 2. Each notifying authority shall ensure that the bodies notified by it participate in the work of a group referred to in paragraph 1, directly or through designated representatives. 3. The Commission shall provide for the exchange of knowledge and best practices between notifying authorities. Article 392/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 60/110 Conformity assessment bodies of third countries Conformity assessment bodies established under the law of a third country with which the Union has concluded an agreement may be authorised to carry out the activities of notified bodies under this Regulation, provided that they meet the requirements laid down in Article 31 or they ensure an equivalent level of compliance. SECTION 5 Standards, conformity assessment, certificates, registration Article 40 Harmonised standards and standardisation deliverables 1. High-risk AI systems or general-pur pose AI models which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 shall be presumed to be in conformity with the requirements set out in Section 2 of this Chapter or, as applicable, with the obligations set out in of Chapter V, Sections 2 and 3, of this Regulation, to the extent that those standards cover those requirements or obligations. 2. In accordance with Article 10 of Regulation (EU) No 1025/2012, the Commission shall issue, without undue delay , standardisation requests covering all requirements set out in Section 2 of this Chapter and, as applicable, standardisation requests covering obligations set out in Chapter V, Sections 2 and 3, of this Regulation. The standardisation request shall also ask for deliverables on reporting and documentation processes to improve AI systems’ resource performance, such as reducin g the high-risk AI system’ s consumption of energy and of other resources during its lifecycle, and on the energy-ef ficient development of general-purpose AI models. When preparing a standardisation request, the Commission shall consult the Board and relevant stakeholders, including the advisory forum. When issuing a standardisation request to European standardisation organisations, the Commission shall specify that standards have to be clear , consistent, including with the standards developed in the various sectors for products covered by the existing Union harmonisation legislation listed in Annex I, and aiming to ensure that high-risk AI systems or general-purpose AI models placed on the market or put into service in the Union meet the relevant requirements or obligations laid down in this Regulation. The Commission shall request the European standardisation organisations to provide evidence of their best efforts to fulfil the objectives referred to in the first and the second subparagraph of this paragraph in accordance with Article 24 of Regulation (EU) No 1025/2012. 3. The participants in the standardisa tion process shall seek to promote investment and innovation in AI, including through increasing legal certainty , as well as the competitiveness and growth of the Union market, to contribute to strengthening global cooperation on standardisation and taking into account existing international standards in the field of AI that are consistent with Union values, fundamental rights and interests, and to enhance multi-stakeholder governance ensuring a balanced representation of interests and the effective participation of all relevant stakeholders in accordance with Articles 5, 6, and 7 of Regulation (EU) No 1025/2012. Article 41 Common specifications 1. The Commission may adopt, imple menting acts establishing common specifications for the requirements set out in Section 2 of this Chapter or, as applicable, for the obligations set out in Sections 2 and 3 of Chapter V where the following conditions have been fulfilled: (a)the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised standard for the requirements set out in Section 2 of this Chapter , or, as applicable, for the obligations set out in Sections 2 and 3 of Chapter V, and: (i)the request has not been accepted by any of the European standardisation or ganisations; or (ii)the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or (iii)the relevant harmonised standards insuf ficiently address fundamental rights concerns; or (iv)the harmonised standards do not comply with the request; and (b)no reference to harmonised standards covering the requirements referred to in Section 2 of this Chapter or, as applicable, the obligations referred to in Sections 2 and 3 of Chapter V has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, and no such reference is expected to be published within a reasonable period. When drafting the common specifications, the Commission shall consult the advisory forum referred to in Article 67.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 61/110 The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 98(2). 2. Before preparing a draft implementing act, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers the conditions laid down in paragraph 1 of this Article to be fulfilled. 3. High-risk AI systems or general-purpose AI models which are in conformity with the common specifications referred to in paragraph 1, or parts of those specifications, shall be presumed to be in conformity with the requirements set out in Section 2 of this Chapter or, as applicable, to comply with the obligations referred to in Sections 2 and 3 of Chapter V, to the extent those comm on specifications cover those requirements or those obligations. 4. Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the publication of its reference in the Official Journal of the European Union , the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. When reference to a harmonised standard is published in the Official Journal of the European Union , the Commission shall repeal the implementing acts referred to in paragraph 1, or parts thereof which cover the same requirements set out in Section 2 of this Chapter or , as applicable, the same obligations set out in Sections 2 and 3 of Chapter V. 5. Where providers of high-risk AI systems or general-purpose AI models do not comply with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that meet the requirements referred to in Section 2 of this Chapter or, as applicable, comply with the obligations set out in Sections 2 and 3 of Chapter V to a level at least equivalent thereto. 6. Where a Member State considers that a common specification does not entirely meet the requirements set out in Section 2 or, as applicable, comply with obligations set out in Sections 2 and 3 of Chapter V, it shall inform the Commission thereof with a detailed explanation. The Commission shall assess that information and, if appropriate, amend the implementing act establishing the common specification concerned. Article 42 Presumption of conformity with certain r equir ements 1. High-risk AI systems that have been trained and tested on data reflec ting the specific geographical, behavioural, contextual or functional setting within which they are intended to be used shall be presumed to comply with the relevant requirements laid down in Article 10(4). 2. High-risk AI systems that have been certified or for which a statement of conformity has been issued under a cybersecurity scheme pursuant to Regulation (EU) 2019/881 and the references of which have been published in the Official Journal of the European Union shall be presumed to comply with the cybersecurity requirements set out in Article 15 of this Regulation in so far as the cybersecurity certificate or statement of conformity or parts thereof cover those requirements. Article 43 Conformity assessment 1. For high-risk AI systems listed in point 1 of Annex III, where, in demonstrating the compliance of a high- risk AI system with the requirements set out in Section 2, the provider has applied harmonised standards referred to in Article 40, or, where applicable, common specifications referred to in Article 41, the provider shall opt for one of the following conformity assessment procedures based on: (a)the internal control referred to in Annex VI; or (b)the assessment of the quality manageme nt system and the assessment of the technical documentation, with the involvement of a notified body , referred to in Annex VII. In demonstrating the compliance of a high-risk AI system with the requirements set out in Section 2, the provider shall follow the conformity assessment procedure set out in Annex VII where: (a)harmonised standards referred to in Article 40 do not exist, and common specifications referred to in Article 41 are not available; (b)the provider has not applied, or has applied only part of, the harmonised standard; (c)the common specifications referred to in point (a) exist, but the provider has not applied them; (d)one or more of the harmonised standards referred to in point (a) has been published with a restriction, and only on the part of the standard that was restricted. For the purposes of the conformity assessment procedure referred to in Annex VII, the provider may choose any of the notified bodies. However , where the high-risk AI system is intended to be put into service by law enforcement, immigration or asylum authorities or by Union institutions, bodies , offices or agencies, the market surveillance authority referred to in Article 74(8) or (9), as applicable, shall act as a notified body . 2. For high-risk AI systems referred to in points 2 to 8 of Annex III, provid ers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 62/110 involvement of a notified body . 3. For high-risk AI systems covered by the Union harmonisation legislation listed in Section A of Annex I, the provider shall follow the relevant conformity assessment procedure as requir ed under those legal acts. The requirements set out in Section 2 of this Chapter shall apply to those high-risk AI systems and shall be part of that assessment. Points 4.3., 4.4., 4.5. and the fifth paragraph of point 4.6 of Annex VII shall also apply . For the purposes of that assessment, notified bodies which have been notified under those legal acts shall be entitled to control the conformity of the high-risk AI systems with the requirements set out in Section 2, provided that the compliance of those notified bodies with requirements laid down in Article 31(4), (5), (10) and (1 1) has been assessed in the context of the notification procedure under those legal acts. Where a legal act listed in Section A of Annex I enables the product manufactu rer to opt out from a third-party conformity assessment, provided that that manufacturer has applied all harmonised standards covering all the relevant requirements, that manufacturer may use that option only if it has also applied harmonised standards or, where applicable, common specifications referred to in Article 41, covering all requirements set out in Section 2 of this Chapter . 4. High-risk AI systems that have already been subject to a conformity asses sment procedure shall under go a new conformity assessment procedure in the event of a substantial modification, regardless of whether the modified system is intended to be further distributed or continues to be used by the current deployer . For high-risk AI systems that continue to learn after being placed on the market or put into service, changes to the high-risk AI system and its performance that have been pre-determined by the provider at the moment of the initial conformity assessment and are part of the information contained in the technical documentation referred to in point 2(f) of Annex IV , shall not constitute a substantial modification. 5. The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend Annexes VI and VII by updating them in light of technical progress. 6. The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend paragraphs 1 and 2 of this Article in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimising the risks to health and safety and protection of fundamental rights posed by such systems, as well as the availability of adequate capacities and resources among notified bodies. Article 44 Certificates 1. Certificates issued by notified bodie s in accordance with Annex VII shall be drawn-up in a language which can be easily understood by the relevant authorities in the Member State in which the notified body is established. 2. Certificates shall be valid for the period they indicate, which shall not exceed five years for AI systems covered by Annex I, and four years for AI systems covered by Annex III. At the request of the provider , the validity of a certificate may be extended for further periods, each not exceeding five years for AI systems covered by Annex I, and four years for AI systems covered by Annex III, based on a re-assessment in accordance with the applicable conformity assessment procedures. Any supplement to a certificate shall remain valid, provided that the certificate which it supplements is valid. 3. Where a notified body finds that an AI system no longer meets the requirements set out in Section 2, it shall, taking account of the principle of proportionality , suspend or withdraw the certificate issued or impose restrictions on it, unless compliance with those requirements is ensured by appropriate corrective action taken by the provider of the system within an appropriate deadline set by the notified body . The notified body shall give reasons for its decision. An appeal procedure against decisions of the notified bodies, including on conformity certificates issued, shall be available. Article 45 Information obligations of notified bodies 1. Notified bodies shall inform the notifying authority of the following: (a)any Union technical documentation assessment certificates, any supplements to those certificates, and any quality management system approvals issued in accordance with the requirements of Annex VII; (b)any refusal, restriction, suspension or withdrawal of a Union technical documentation assessment certificate or a quality management system approval issued in accordance with the requirements of Annex VII; (c)any circumstances af fecting the scope of or conditions for notification;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 63/110 (d)any request for information which they have received from market surveill ance authorities regarding conformity assessment activities; (e)on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting. 2. Each notified body shall inform the other notified bodies of: (a)quality management system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued; (b)Union technical documentation assessment certificates or any supplements thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, of the certificates and/or supplements thereto which it has issued. 3. Each notified body shall provide the other notified bodies carrying out similar conformity assessment activities covering the same types of AI systems with relevant information on issues relating to negative and, on request, positive conformity assessment results. 4. Notified bodies shall safeguard the confidentiality of the information that they obtain, in accordance with Article 78. Article 46 Derogation fr om conformity assessment pr ocedur e 1. By way of derogation from Article 43 and upon a duly justified request, any market surveillance authority may authorise the placing on the market or the putting into service of specific high-risk AI systems within the territory of the Member State concerned , for exceptional reasons of public security or the protection of life and health of persons, environmental protection or the protection of key industrial and infrastructural assets. That authorisation shall be for a limited period while the necessary conformity assessment procedures are being carried out, taking into account the exceptional reasons justifying the derogation. The completion of those procedures shall be undertaken without undue delay . 2. In a duly justified situation of urgency for exceptional reasons of public security or in the case of specific, substantial and imminent threat to the life or physical safety of natural persons, law-enforcement authorities or civil protection authorities may put a specific high-risk AI system into service without the authorisation referred to in paragraph 1, provided that such authorisation is requested during or after the use without undue delay . If the authorisation referred to in paragrap h 1 is refused, the use of the high-risk AI system shall be stopped with immediate ef fect and all the results and outputs of such use shall be immediately discarded. 3. The authorisation referred to in paragraph 1 shall be issued only if the market surveillance authority concludes that the high-risk AI system complies with the requirements of Section 2. The market surveillance authority shall inform the Commission and the other Member States of any authorisation issued pursuant to paragraphs 1 and 2. This obligation shall not cover sensitive operational data in relation to the activities of law- enforcement authorities. 4. Where, within 15 calendar days of receipt of the information referred to in paragraph 3, no objection has been raised by either a Member State or the Commission in respect of an authorisation issued by a market surveillance authority of a Member State in accordance with paragraph 1, that authorisation shall be deemed justified. 5. Where, within 15 calendar days of receipt of the notification referred to in paragraph 3, objections are raised by a Member State against an authorisation issued by a market surveillance authority of another Member State, or where the Commission consid ers the authorisation to be contrary to Union law, or the conclusion of the Member States regarding the compl iance of the system as referred to in paragraph 3 to be unfounded, the Commission shall, without delay , enter into consultations with the relevant Member State. The operators concerned shall be consulted and have the possibility to present their views. Having regard thereto, the Commission shall decide whether the authorisation is justified. The Commission shall address its decision to the Member State concerned and to the relevant operators. 6. Where the Commission considers the authorisation unjustified, it shall be withdrawn by the market surveillance authority of the Member State concerned. 7. For high-risk AI systems related to products covered by Union harmonisation legislation listed in Section A of Annex I, only the derogations from the conformity assessment establishe d in that Union harmonisation legislation shall apply . Article 47 EU declaration of conformity 1. The provider shall draw up a written machine readable, physical or electronically signed EU declaration of conformity for each high-risk AI system , and keep it at the disposal of the nation al competent authorities for 10 years after the high-risk AI system has been placed on the market or put into service. The EU declaration of2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 64/110 conformity shall identify the high-risk AI system for which it has been drawn up. A copy of the EU declaration of conformity shall be submitted to the relevant national competent authorities upon request. 2. The EU declaration of conformity shall state that the high-risk AI system concerned meets the requirements set out in Section 2. The EU declaration of conformity shall contain the inform ation set out in Annex V, and shall be translated into a language that can be easily understood by the national competent authorities of the Member States in which the high-risk AI system is placed on the market or made available. 3. Where high-risk AI systems are subject to other Union harmonisation legislation which also requires an EU declaration of conformity , a single EU declaration of conformity shall be drawn up in respect of all Union law applicable to the high-risk AI system. The declaration shall contain all the information required to identify the Union harmonisation legislation to which the declaration relates. 4. By drawing up the EU declaration of conformity , the provider shall assume responsibility for compliance with the requirements set out in Section 2. The provider shall keep the EU declaration of conformity up-to-date as appropriate. 5. The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend Annex V by updating the content of the EU declaration of conformity set out in that Annex, in order to introduce elements that become necessary in light of technical progress. Article 48 CE marking 1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008. 2. For high-risk AI systems provided digitally , a digital CE marking shall be used, only if it can easily be accessed via the interface from which that system is accessed or via an easily accessible machine-readable code or other electronic means. 3. The CE marking shall be affixed visibly , legibly and indelibly for high-risk AI systems. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate. 4. Where applicable, the CE marking shall be followed by the identificatio n number of the notified body responsible for the conformity assessment procedures set out in Article 43. The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the provider or by the provider ’s authorised representative. The identifica tion number shall also be indicated in any promotional material which mentions that the high-risk AI system fulfils the requirements for CE marking. 5. Where high-risk AI systems are subject to other Union law which also provides for the affixing of the CE marking, the CE marking shall indicate that the high-risk AI system also fulfil the requirements of that other law. Article 49 Registration 1. Before placing on the market or putting into service a high-risk AI system listed in Annex III, with the exception of high-risk AI systems referred to in point 2 of Annex III, the provider or, where applicable, the authorised representative shall register themselves and their system in the EU database referred to in Article 71. 2. Before placing on the market or putting into service an AI system for which the provider has concluded that it is not high-risk according to Article 6(3), that provider or, where applicable, the authorised representative shall register themselves and that system in the EU database referred to in Article 71. 3. Before putting into service or using a high-risk AI system listed in Annex III, with the exception of high- risk AI systems listed in point 2 of Annex III, deployers that are public authori ties, Union institutions, bodies, offices or agencies or persons acting on their behalf shall register themselves, select the system and register its use in the EU database referred to in Article 71. 4. For high-risk AI systems referred to in points 1, 6 and 7 of Annex III, in the areas of law enforcement, migration, asylum and border control management, the registration referred to in paragraphs 1, 2 and 3 of this Article shall be in a secure non-public section of the EU database referred to in Article 71 and shall include only the following information, as applicable, referred to in: (a)Section A, points 1 to 10, of Annex VIII, with the exception of points 6, 8 and 9; (b)Section B, points 1 to 5, and points 8 and 9 of Annex VIII; (c)Section C, points 1 to 3, of Annex VIII; (d)points 1, 2, 3 and 5, of Annex IX. Only the Commission and national authorities referred to in Article 74(8) shall have access to the respective restricted sections of the EU database listed in the first subparagraph of this paragraph.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 65/110 5. High-risk AI systems referred to in point 2 of Annex III shall be registered at national level. CHAPTER IV TRANSP ARENCY OBLIGA TIONS FOR PROVIDERS AND DEPLOYERS OF CER TAIN AI SYSTEMS Article 50 Transpar ency obligations for providers and deployers of certain AI systems 1. Providers shall ensure that AI systems intended to interact directly with natural persons are designed and developed in such a way that the natural persons concerned are informed that they are interacting with an AI system, unless this is obvious from the point of view of a natural person who is reasonably well-informed, observant and circumspect, taking into account the circumstances and the conte xt of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate or prosecute criminal offences, subject to appropriate safeguards for the rights and freedoms of third parties, unless those systems are available for the public to report a criminal of fence. 2. Providers of AI systems, including general-purpose AI systems, generating synthetic audio, image, video or text content, shall ensure that the outputs of the AI system are marked in a machine-readable format and detectable as artificially generated or manipulated. Providers shall ensure their technical solutions are effective, interoperable, robust and reliable as far as this is technically feasible, taking into account the specificities and limitations of various types of content, the costs of implementation and the generally acknowledged state of the art, as may be reflected in relevant technical standards. This obligation shall not apply to the extent the AI systems perform an assistive function for standard editing or do not substantially alter the input data provided by the deployer or the semantics thereof, or where authorised by law to detect, prevent, investigate or prosecute criminal of fences. 3. Deployers of an emotion recognition system or a biometric categorisation system shall inform the natural persons exposed thereto of the operation of the system, and shall process the personal data in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680 , as applicable. This obligation shall not apply to AI systems used for biometric categorisation and emotion recognition, which are permitted by law to detect, prevent or investigate criminal offences, subject to appropriate safeguards for the rights and freedoms of third parties, and in accordance with Union law . 4. Deployers of an AI system that generates or manipulates image, audio or video content constituting a deep fake, shall disclose that the content has been artificially generated or manipulated. This obligation shall not apply where the use is authorised by law to detect, prevent, investigate or prosecute criminal offence. Where the content forms part of an evidently artistic, creative, satirical, fictional or analogous work or programme, the transparency obligations set out in this paragraph are limited to disclosure of the existence of such generated or manipulated content in an appropriate manner that does not hamper the display or enjoyment of the work. Deployers of an AI system that generates or manipulates text which is published with the purpose of informing the public on matters of public interest shall disclose that the text has been artificially generated or manipulated. This obligation shall not apply where the use is authorised by law to detect, prevent, investigate or prosecute criminal offences or where the AI-generated content has under gone a process of human review or editorial control and where a natural or legal person holds editorial responsibility for the publication of the content. 5. The information referred to in paragraphs 1 to 4 shall be provided to the natural persons concerned in a clear and distinguishable manner at the latest at the time of the first interactio n or exposure. The information shall conform to the applicable accessibility requirements. 6. Paragraphs 1 to 4 shall not affect the requirements and obligations set out in Chapter III, and shall be without prejudice to other transparency obligations laid down in Union or national law for deployers of AI systems. 7. The AI Office shall encourage and facilitate the drawing up of codes of practice at Union level to facilitate the effective implementation of the obligations regarding the detection and labelling of artificially generated or manipulated content. The Commission may adopt implementing acts to approve those codes of practice in accordance with the procedure laid down in Article 56 (6). If it deems the code is not adequate, the Commission may adopt an implementing act speci fying common rules for the implemen tation of those obligations in accordance with the examination procedure laid down in Article 98(2). CHAPTER V GENERAL-PURPOSE AI MODELS SECTION 1 Classification rules2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 66/110 Article 51 Classification of general-purpose AI models as general-purpose AI models with systemic risk 1. A general-purpose AI model shall be classified as a general-purpose AI model with systemic risk if it meets any of the following conditions: (a)it has high impact capabilities evaluate d on the basis of appropriate technical tools and methodologies, including indicators and benchmarks; (b)based on a decision of the Commission, ex officio or following a qualified alert from the scientific panel, it has capabilities or an impact equivalent to those set out in point (a) having regard to the criteria set out in Annex XIII. 2. A general-purpose AI model shall be presumed to have high impact capab ilities pursuant to paragraph 1, point (a), when the cumulative amount of computation used for its trainin g measured in floating point operations is greater than 1025. 3. The Commission shall adopt delega ted acts in accordance with Article 97 to amend the thresholds listed in paragraphs 1 and 2 of this Article, as well as to supplement benchmarks and indicators in light of evolving technological developments, such as algorithmic improvements or increased hardware efficiency , when necessary , for these thresholds to reflect the state of the art. Article 52 Procedur e 1. Where a general-purpose AI model meets the condition referred to in Article 51(1), point (a), the relevant provider shall notify the Commission without delay and in any event within two weeks after that requirement is met or it becomes known that it will be met. That notification shall include the information necessary to demonstrate that the relevant requirement has been met. If the Commission becomes aware of a general- purpose AI model presenting systemic risks of which it has not been notified, it may decide to designate it as a model with systemic risk. 2. The provider of a general-purpose AI model that meets the condition referred to in Article 51(1), point (a), may present, with its notification, sufficiently substantiated arguments to demonstrate that, exceptionally , although it meets that requirement, the general-purpose AI model does not present, due to its specific characteristics, systemic risks and therefore should not be classified as a general-purpose AI model with systemic risk. 3. Where the Commission concludes that the arguments submitted pursuant to paragraph 2 are not sufficiently substantiated and the relevant provider was not able to demonstrate that the general-purpose AI model does not present, due to its specific characterist ics, systemic risks, it shall reject those arguments, and the general- purpose AI model shall be considered to be a general-purpose AI model with systemic risk. 4. The Commission may designate a general-purpose AI model as presenting systemic risks, ex officio or following a qualified alert from the scientific panel pursuant to Article 90(1), point (a), on the basis of criteria set out in Annex XIII. The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend Annex XIII by specifying and updating the criteria set out in that Annex. 5. Upon a reasoned request of a provider whose model has been designated as a general-purpose AI model with systemic risk pursuant to paragraph 4, the Commission shall take the request into account and may decide to reassess whether the general-purpose AI model can still be considered to present systemic risks on the basis of the criteria set out in Annex XIII. Such a request shall contain objective, detailed and new reasons that have arisen since the designation decision. Providers may request reassessment at the earliest six months after the designation decision. Where the Commission, following its reassessment, decides to maintain the designation as a general-purpose AI model with systemic risk, providers may request reassessment at the earliest six months after that decision. 6. The Commission shall ensure that a list of general-purpose AI models with systemic risk is published and shall keep that list up to date, without prejudice to the need to observe and protect intellectual property rights and confidential business information or trade secrets in accordance with Union and national law . SECTION 2 Obligations for providers of general-purpose AI models Article 53 Obligations for providers of general-purpose AI models 1. Providers of general-purpose AI models shall: (a)draw up and keep up-to-date the technical documentation of the model, including its training and testing process and the results of its evaluation, which shall contain, at a minimum, the information set out in2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 67/110 Annex XI for the purpose of providing it, upon request, to the AI Office and the national competent authorities; (b)draw up, keep up-to-date and make available information and documentation to providers of AI systems who intend to integrate the general-purpose AI model into their AI systems. Without prejudice to the need to observe and protect intellectual property rights and confidential business information or trade secrets in accordance with Union and national law , the information and documentation shall: (i)enable providers of AI systems to have a good understanding of the capabilities and limitations of the general-purpose AI model and to comply with their obligations pursuant to this Regulation; and (ii)contain, at a minimum, the elements set out in Annex XII; (c)put in place a policy to comply with Union law on copyright and related rights, and in particular to identify and comply with, including through state-of-the-art technologies, a reservation of rights expressed pursuant to Article 4(3) of Directive (EU) 2019/790; (d)draw up and make publicly available a sufficiently detailed summary about the content used for training of the general-purpose AI model, according to a template provided by the AI Of fice. 2. The obligations set out in paragraph 1, points (a) and (b), shall not apply to providers of AI models that are released under a free and open-source licence that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available. This exception shall not apply to general-purpose AI models with systemic risks. 3. Providers of general-purpose AI models shall cooperate as necessary with the Commission and the national competent authorities in the exercise of their competences and powers pursuant to this Regulation. 4. Providers of general-purpose AI models may rely on codes of practice within the meaning of Article 56 to demonstrate compliance with the obligations set out in paragraph 1 of this Article, until a harmonised standard is published. Compliance with European harmonised standards grants providers the presumption of conformity to the extent that those standards cover those obligations. Providers of general-purpose AI models who do not adhere to an approved code of practice or do not comply with a European harmonised standard shall demonstrate alternative adequate means of compliance for assessment by the Commission. 5. For the purpose of facilitating compliance with Annex XI, in particular points 2 (d) and (e) thereof, the Commission is empowered to adopt delegated acts in accordance with Article 97 to detail measurement and calculation methodologies with a view to allowing for comparable and verifiable documentation. 6. The Commission is empowered to adopt delegated acts in accordance with Article 97(2) to amend Annexes XI and XII in light of evolving technological developments. 7. Any information or documentation obtained pursuant to this Article, including trade secrets, shall be treated in accordance with the confidentiality obligations set out in Article 78. Article 54 Authorised r epresentatives of pr oviders of general-purpose AI models 1. Prior to placing a general-purpose AI model on the Union market, providers established in third countries shall, by written mandate, appoint an authorised representative which is established in the Union. 2. The provider shall enable its authorised representative to perform the tasks specified in the mandate received from the provider . 3. The authorised representative shall perform the tasks specified in the mandate received from the provider . It shall provide a copy of the mandate to the AI Office upon request, in one of the official languages of the institutions of the Union. For the purposes of this Regulation, the mandate shall empower the authorised representative to carry out the following tasks: (a)verify that the technical documentation specified in Annex XI has been drawn up and all obligations referred to in Article 53 and, where applicable, Article 55 have been fulfilled by the provider; (b)keep a copy of the technical documentation specified in Annex XI at the disposal of the AI Office and national competent authorities, for a period of 10 years after the general-purpose AI model has been placed on the market, and the contact details of the provider that appointed the authorised representative; (c)provide the AI Office, upon a reasoned request, with all the information and documentation, including that referred to in point (b), necessary to demonstrate compliance with the obligations in this Chapter; (d)cooperate with the AI Office and competent authorities, upon a reasoned request, in any action they take in relation to the general-purpose AI model, including when the model is integrated into AI systems placed on the market or put into service in the Union. 4. The mandate shall empower the authorised representative to be addressed, in addition to or instead of the provider , by the AI Office or the competent authorities, on all issues related to ensuring compliance with this Regulation.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 68/110 5. The authorised representative shall terminate the mandate if it considers or has reason to consider the provider to be acting contrary to its obligations pursuant to this Regulation. In such a case, it shall also immediately inform the AI Of fice about the termination of the mandate and the reasons therefor . 6. The obligation set out in this Article shall not apply to providers of general-purpose AI models that are released under a free and open-source licence that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available, unless the general-purpose AI models present systemic risks. SECTION 3 Obligations of providers of general-purpose AI models with systemic risk Article 55 Obligations of pr oviders of general-purpose AI models with systemic risk 1. In addition to the obligations listed in Articles 53 and 54, providers of general-purpose AI models with systemic risk shall: (a)perform model evaluation in accordance with standardised protocols and tools reflecting the state of the art, including conducting and documenting adversarial testing of the model with a view to identifying and mitigating systemic risks; (b)assess and mitigate possible systemic risks at Union level, including their sources, that may stem from the development, the placing on the market, or the use of general-purpose AI models with systemic risk; (c)keep track of, document, and report, without undue delay , to the AI Office and, as appropriate, to national competent authorities, relevant information about serious incidents and possible corrective measures to address them; (d)ensure an adequate level of cybersecurity protection for the general-purpose AI model with systemic risk and the physical infrastructure of the model. 2. Providers of general-purpose AI models with systemic risk may rely on codes of practice within the meaning of Article 56 to demonstrate compliance with the obligations set out in paragraph 1 of this Article, until a harmonised standard is published. Compliance with European harmonise d standards grants providers the presumption of conformity to the extent that those standards cover those obligations. Providers of general- purpose AI models with systemic risks who do not adhere to an approved code of practice or do not comply with a European harmonised standard shall demonstrate alternative adequate means of compliance for assessment by the Commission. 3. Any information or documentation obtained pursuant to this Article, including trade secrets, shall be treated in accordance with the confidentiality obligations set out in Article 78. SECTION 4 Codes of practice Article 56 Codes of practice 1. The AI Office shall encourage and facilitate the drawing up of codes of practice at Union level in order to contribute to the proper application of this Regulation, taking into account international approaches. 2. The AI Office and the Board shall aim to ensure that the codes of practice cover at least the obligations provided for in Articles 53 and 55, including the following issues: (a)the means to ensure that the information referred to in Article 53(1), points (a) and (b), is kept up to date in light of market and technological developments; (b)the adequate level of detail for the summary about the content used for training; (c)the identification of the type and nature of the systemic risks at Union level, including their sources, where appropriate; (d)the measures, procedures and modalities for the assessment and management of the systemic risks at Union level, including the documentation thereof, which shall be proportionate to the risks, take into consideration their severity and probability and take into account the specific challenges of tackling those risks in light of the possible ways in which such risks may emer ge and materialise along the AI value chain. 3. The AI Office may invite all provide rs of general-purpose AI models, as well as relevant national competent authorities, to participate in the drawing -up of codes of practice. Civil society organisations, industry , academia2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 69/110 and other relevant stakeholders, such as downstream providers and independent experts, may support the process. 4. The AI Office and the Board shall aim to ensure that the codes of practice clearly set out their specific objectives and contain commitments or measures, including key performance indicators as appropriate, to ensure the achievement of those objectives, and that they take due account of the needs and interests of all interested parties, including af fected persons, at Union level. 5. The AI Office shall aim to ensure that participants to the codes of practice report regularly to the AI Office on the implementation of the commitments and the measures taken and their outcomes, including as measured against the key performance indicators as appropriate. Key performance indicat ors and reporting commitments shall reflect dif ferences in size and capacity between various participants. 6. The AI Office and the Board shall regularly monitor and evaluate the achie vement of the objectives of the codes of practice by the participants and their contribution to the proper application of this Regulation. The AI Office and the Board shall assess whether the codes of practice cover the obligations provided for in Articles 53 and 55, and shall regularly monitor and evaluate the achievement of their objectives. They shall publish their assessment of the adequacy of the codes of practice. The Commission may, by way of an implementing act, approve a code of practice and give it a general validity within the Union. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2). 7. The AI Office may invite all providers of general-purpose AI models to adhere to the codes of practice. For providers of general-purpose AI models not presenting systemic risks this adherence may be limited to the obligations provided for in Article 53, unless they declare explicitly their interest to join the full code. 8. The AI Office shall, as appropriate, also encourage and facilitate the review and adaptation of the codes of practice, in particular in light of emer ging standards. The AI Office shall assist in the assessment of available standards. 9. Codes of practice shall be ready at the latest by 2 May 2025. The AI Office shall take the necessary steps, including inviting providers pursuant to paragraph 7. If, by 2 August 2025, a code of practice cannot be finalised, or if the AI Office deems it is not adequate following its assessment under paragraph 6 of this Article, the Commissio n may provide, by means of implementing acts, common rules for the implementation of the obligations provided for in Articles 53 and 55, including the issues set out in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2). CHAPTER VI MEASURES IN SUPPOR T OF INNOV ATION Article 57 AI regulatory sandboxes 1. Member States shall ensure that their competent authorities establish at least one AI regulatory sandbox at national level, which shall be operational by 2 August 2026. That sandbox may also be established jointly with the competent authorities of other Mem ber States. The Commission may provid e technical support, advice and tools for the establishment and operation of AI regulatory sandboxes. The obligation under the first subpara graph may also be fulfilled by participating in an existing sandbox in so far as that participation provides an equivalent level of national coverage for the participating Member States. 2. Additional AI regulatory sandboxes at regional or local level, or established jointly with the competent authorities of other Member States may also be established. 3. The European Data Protection Supervisor may also establish an AI regulatory sandbox for Union institutions, bodies, offices and agencies, and may exercise the roles and the tasks of national competent authorities in accordance with this Chapter . 4. Member States shall ensure that the competent authorities referred to in paragraphs 1 and 2 allocate sufficient resources to comply with this Article effectively and in a timely manner . Where appropriate, national competent authorities shall cooperate with other relevant authorities, and may allow for the involvement of other actors within the AI ecosystem. This Article shall not affect other regulatory sandboxes established under Union or national law. Member States shall ensure an appropriate level of cooperation between the authorities supervising those other sandboxes and the national competent authorities. 5. AI regulatory sandboxes established under paragraph 1 shall provide for a controlled environment that fosters innovation and facilitates the development, training, testing and validation of innovative AI systems for a limited time before their being placed on the market or put into service pursuant to a specific sandbox plan agreed between the providers or prosp ective providers and the competent authority . Such sandboxes may include testing in real world conditions supervised therein.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 70/110 6. Competent authorities shall provide, as appropriate, guidance, supervision and support within the AI regulatory sandbox with a view to identifying risks, in particular to fundam ental rights, health and safety , testing, mitigation measures, and their effectiveness in relation to the obliga tions and requirements of this Regulation and, where relevant, other Union and national law supervised within the sandbox. 7. Competent authorities shall provide providers and prospective providers participating in the AI regulatory sandbox with guidance on regulatory expectations and how to fulfil the requirements and obligations set out in this Regulation. Upon request of the provider or prospective provider of the AI system, the competent authority shall provide a written proof of the activities successfully carried out in the sandbox. The competent authority shall also provide an exit report detailing the activities carried out in the sandbox and the related results and learning outcomes. Providers may use such documentation to demonstrate their compliance with this Regulation through the conformity assessment process or relevant market surveillance activities. In this regard, the exit reports and the written proof provided by the national competent authority shall be taken positively into account by market surveillance authorities and notified bodies, with a view to accelerating conformity assessment procedures to a reasonable extent. 8. Subject to the confidentiality provisions in Article 78, and with the agreement of the provider or prospective provider , the Commission and the Board shall be authorised to access the exit reports and shall take them into account, as appropriate, when exercising their tasks under this Regulation. If both the provider or prospective provider and the national competent authority explicitly agree, the exit report may be made publicly available through the single information platform referred to in this Article. 9. The establishment of AI regulatory sandboxes shall aim to contribute to the following objectives: (a)improving legal certainty to achieve regulatory compliance with this Regulatio n or, where relevant, other applicable Union and national law; (b)supporting the sharing of best practices through cooperation with the authorities involved in the AI regulatory sandbox; (c)fostering innovation and competitiveness and facilitating the development of an AI ecosystem; (d)contributing to evidence-based regulatory learning; (e)facilitating and accelerating access to the Union market for AI systems, in particular when provided by SMEs, including start-ups. 10. National competent authorities shall ensure that, to the extent the innovative AI systems involve the processing of personal data or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national or competent authorities are associated with the operation of the AI regulatory sandbox and involved in the supervision of those aspects to the extent of their respective tasks and powers. 11. The AI regulatory sandboxes shall not affect the supervisory or corrective powers of the competent authorities supervising the sandboxes, including at regional or local level. Any significant risks to health and safety and fundamental rights identified during the development and testing of such AI systems shall result in an adequate mitigation. National competent authorities shall have the power to temporarily or permanently suspend the testing process, or the participation in the sandbox if no effective mitigation is possible, and shall inform the AI Office of such decision. National competent authorities shall exercise their supervisory powers within the limits of the relevant law, using their discretionary powers when implementing legal provisions in respect of a specific AI regulatory sandbox project, with the objective of supporting innovation in AI in the Union. 12. Providers and prospective providers participating in the AI regulatory sandbox shall remain liable under applicable Union and national liability law for any damage inflicted on third parties as a result of the experimentation taking place in the sandbox. However , provided that the prospective providers observe the specific plan and the terms and conditions for their participation and follow in good faith the guidance given by the national competent authority , no administrative fines shall be imposed by the authorities for infringements of this Regulation. Where other comp etent authorities responsible for other Union and national law were actively involved in the supervision of the AI system in the sandbox and provided guidance for compliance, no administrative fines shall be imposed regarding that law . 13. The AI regulatory sandboxes shall be designed and implemented in such a way that, where relevant, they facilitate cross-border cooperation between national competent authorities. 14. National competent authorities shall coordinate their activities and cooperate within the framework of the Board. 15. National competent authorities shall inform the AI Office and the Board of the establishment of a sandbox, and may ask them for support and guida nce. The AI Office shall make publicly available a list of planned and existing sandboxes and keep it up to date in order to encourage more interaction in the AI regulatory sandboxes and cross-border cooperation.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 71/110 16. National competent authorities shall submit annual reports to the AI Office and to the Board, from one year after the establishment of the AI regulatory sandbox and every year thereafter until its termination, and a final report. Those reports shall provide information on the progress and results of the implementation of those sandboxes, including best practices, incidents, lessons learnt and recommendations on their setup and, where relevant, on the application and possible revision of this Regulation, including its delegated and implementing acts, and on the applicati on of other Union law supervised by the competent authorities within the sandbox. The national competent authorities shall make those annual reports or abstracts thereof available to the public, online. The Commission shall, where appropriate, take the annual reports into account when exercising its tasks under this Regulation. 17. The Commission shall develop a single and dedicated interface containing all relevant information related to AI regulatory sandboxes to allow stakeholders to interact with AI regulatory sandboxes and to raise enquiries with competent authorities, and to seek non-binding guidance on the conformity of innovative products, services, business models embedding AI technologies, in accordance with Article 62(1), point (c). The Commission shall proactively coordinate with national competent authorities, where relevant. Article 58 Detailed arrangements for , and functioning of, AI regulatory sandboxes 1. In order to avoid fragmentation across the Union, the Commission shall adopt implementing acts specifying the detailed arrangements for the establishment, development, implementation, operation and supervision of the AI regulatory sandboxes. The implementing acts shall include common principles on the following issues: (a)eligibility and selection criteria for participation in the AI regulatory sandbox; (b)procedures for the application, participation, monitoring, exiting from and termi nation of the AI regulatory sandbox, including the sandbox plan and the exit report; (c)the terms and conditions applicable to the participants. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2). 2. The implementing acts referred to in paragraph 1 shall ensure: (a)that AI regulatory sandboxes are open to any applying provider or prospective provider of an AI system who fulfils eligibility and selection criteria, which shall be transparent and fair, and that national competent authorities inform applicants of their decision within three months of the application; (b)that AI regulatory sandboxes allow broad and equal access and keep up with demand for participation; providers and prospective providers may also submit applications in partnerships with deployers and other relevant third parties; (c)that the detailed arrangements for, and conditions concerning AI regulatory sandboxes support, to the best extent possible, flexibility for national competent authorities to establish and operate their AI regulatory sandboxes; (d)that access to the AI regulatory sandboxes is free of charge for SMEs, including start-ups, without prejudice to exceptional costs that natio nal competent authorities may recover in a fair and proportionate manner; (e)that they facilitate providers and prosp ective providers, by means of the learning outcomes of the AI regulatory sandboxes, in complying with conformity assessment obligations under this Regulation and the voluntary application of the codes of conduct referred to in Article 95; (f)that AI regulatory sandboxes facilitate the involvement of other relevant actors within the AI ecosystem, such as notified bodies and standardisation organisations, SMEs, including start-ups, enterprises, innovators, testing and experimentation facilities, research and experimentation labs and European Digital Innovation Hubs, centres of excellence, individual researchers, in order to allow and facilitate cooperation with the public and private sectors; (g)that procedures, processes and administrative requirements for application, selection, participation and exiting the AI regulatory sandbox are simple, easily intelligible, and clearly communicated in order to facilitate the participation of SMEs, including start-ups, with limited legal and administrative capacities and are streamlined across the Union, in order to avoid fragmentation and that participation in an AI regulatory sandbox established by a Member State, or by the European Data Protection Supervisor is mutually and uniformly recognised and carries the same legal ef fects across the Union; (h)that participation in the AI regulatory sandbox is limited to a period that is appropriate to the complexity and scale of the project and that may be extended by the national competent authority; (i)that AI regulatory sandboxes facilitate the development of tools and infrastructure for testing, benchmarking, assessing and explaining dimensions of AI systems relevant for regulatory learning, such as accuracy , robustness and cybersecurity , as well as measures to mitigate risks to fundamental rights and society at lar ge.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 72/110 3. Prospective providers in the AI regulatory sandboxes, in particular SMEs and start-ups, shall be directed, where relevant, to pre-deployment services such as guidance on the implementa tion of this Regulation, to other value-adding services such as help with standardisation documents and certification, testing and experimentation facilities, European Digital Innovation Hubs and centres of excellence. 4. Where national competent authorities consider authorising testing in real world conditions supervised within the framework of an AI regulatory sandbox to be established under this Article, they shall specifically agree the terms and conditions of such testing and, in particular , the appropriate safeguards with the participants, with a view to protecting fundamental rights, health and safety . Where appropriate, they shall cooperate with other national competent authorities with a view to ensuring consistent practices across the Union. Article 59 Further processing of personal data for developing certain AI systems in the public inter est in the AI regulatory sandbox 1. In the AI regulatory sandbox, personal data lawfully collected for other purposes may be processed solely for the purpose of developing, training and testing certain AI systems in the sandbox when all of the following conditions are met: (a)AI systems shall be developed for safeguarding substantial public interest by a public authority or another natural or legal person and in one or more of the following areas: (i)public safety and public health, including disease detection, diagnosis prevention, control and treatment and improvement of health care systems; (ii)a high level of protection and improvement of the quality of the environment, protection of biodiversity , protection against pollutio n, green transition measures, climate change mitigation and adaptation measures; (iii)energy sustainability; (iv)safety and resilience of transport systems and mobility , critical infrastructure and networks; (v)efficiency and quality of public administration and public services; (b)the data processed are necessary for complying with one or more of the requirements referred to in Chapter III, Section 2 where those requirements cannot effectively be fulfilled by processing anonymised, synthetic or other non-personal data; (c)there are effective monitoring mechanisms to identify if any high risks to the rights and freedoms of the data subjects, as referred to in Article 35 of Regulation (EU) 2016/679 and in Article 39 of Regulation (EU) 2018/1725, may arise during the sandbox experimentation, as well as response mechanisms to promptly mitigate those risks and, where necessary , stop the processing; (d)any personal data to be processed in the context of the sandbox are in a functionally separate, isolated and protected data processing environment under the control of the prospective provider and only authorised persons have access to those data; (e)providers can further share the originally collected data only in accordance with Union data protection law; any personal data created in the sandbox cannot be shared outside the sandbox; (f)any processing of personal data in the context of the sandbox neither leads to measures or decisions affecting the data subjects nor does it affect the application of their rights laid down in Union law on the protection of personal data; (g)any personal data processed in the context of the sandbox are protected by means of appropriate technical and organisational measures and deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period; (h)the logs of the processing of personal data in the context of the sandbox are kept for the duration of the participation in the sandbox, unless provided otherwise by Union or national law; (i)a complete and detailed description of the process and rationale behind the training, testing and validation of the AI system is kept together with the testing results as part of the technical documentation referred to in Annex IV ; (j)a short summary of the AI project developed in the sandbox, its objectives and expected results is published on the website of the competent authorities; this obligation shall not cover sensitive operational data in relation to the activities of law enforcement, border control, immigration or asylum authorities. 2. For the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and preventing threats to public security , under the control and responsibility of law enforcement authorities, the processing of personal data in AI regulatory sandboxes shall be based on a specific Union or national law and subject to the same cumulative conditions as referred to in paragraph 1.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 73/110 3. Paragraph 1 is without prejudice to Union or national law which excludes processing of personal data for other purposes than those explicitly mentioned in that law, as well as to Union or national law laying down the basis for the processing of personal data which is necessary for the purpose of developing, testing or training of innovative AI systems or any other legal basis, in compliance with Union law on the protection of personal data. Article 60 Testing of high-risk AI systems in r eal world conditions outside AI regulatory sandboxes 1. Testing of high-risk AI systems in real world conditions outside AI regulatory sandboxes may be conducted by providers or prospective providers of high-risk AI systems listed in Annex III, in accordance with this Article and the real-world testing plan referred to in this Article, without prejudice to the prohibitions under Article 5. The Commission shall, by means of implementing acts, specify the detailed elements of the real-world testing plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2). This paragraph shall be without prejudice to Union or national law on the testing in real world conditions of high-risk AI systems related to products covered by Union harmonisation legislation listed in Annex I. 2. Providers or prospective providers may conduct testing of high-risk AI systems referred to in Annex III in real world conditions at any time before the placing on the market or the putting into service of the AI system on their own or in partnership with one or more deployers or prospective deployers. 3. The testing of high-risk AI systems in real world conditions under this Article shall be without prejudice to any ethical review that is required by Union or national law . 4. Providers or prospective providers may conduct the testing in real world conditions only where all of the following conditions are met: (a)the provider or prospective provider has drawn up a real-world testing plan and submitted it to the market surveillance authority in the Member State where the testing in real world conditions is to be conducted; (b)the market surveillance authority in the Member State where the testing in real world conditions is to be conducted has approved the testing in real world conditions and the real-world testing plan; where the market surveillance authority has not provided an answer within 30 days, the testing in real world conditions and the real-world testing plan shall be understood to have been approved; where national law does not provide for a tacit approval, the testing in real world conditions shall remain subject to an authorisation; (c)the provider or prospective provider , with the exception of providers or prospective providers of high-risk AI systems referred to in points 1, 6 and 7 of Annex III in the areas of law enfor cement, migration, asylum and border control management, and high-risk AI systems referred to in point 2 of Annex III has registered the testing in real world conditions in accordance with Article 71(4) with a Union-wide unique single identification number and with the infor mation specified in Annex IX; the provider or prospective provider of high-risk AI systems referred to in points 1, 6 and 7 of Annex III in the areas of law enforcement, migration, asylum and border control management, has registered the testing in real-world conditions in the secure non-public section of the EU database according to Article 49(4), point (d), with a Union-wide unique single identification number and with the information specified therein; the provider or prospective provider of high-risk AI systems referre d to in point 2 of Annex III has register ed the testing in real-world conditions in accordance with Article 49(5); (d)the provider or prospective provider conducting the testing in real world conditions is established in the Union or has appointed a legal representative who is established in the Union; (e)data collected and processed for the purpose of the testing in real world conditions shall be transferred to third countries only provided that appropriate and applicable safeguards under Union law are implemented; (f)the testing in real world conditions does not last longer than necessary to achieve its objectives and in any case not longer than six months, which may be extended for an additional period of six months, subject to prior notification by the provider or prospective provider to the market surveilla nce authority , accompanied by an explanation of the need for such an extension; (g)the subjects of the testing in real world conditions who are persons belonging to vulnerable groups due to their age or disability , are appropriately protected; (h)where a provider or prospective provide r organises the testing in real world conditions in cooperation with one or more deployers or prospective deployers, the latter have been informed of all aspects of the testing that are relevant to their decision to participate, and given the relevant instructions for use of the AI system referred to in Article 13; the provider or prospective provider and the deployer or prospective deployer shall conclude an agreement specifying their roles and responsibilities with a view to ensuring compliance with the provisions for testing in real world conditions under this Regulation and under other applicable Union and national law;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 74/110 (i)the subjects of the testing in real world conditions have given informed consent in accordance with Article 61, or in the case of law enforcement, where the seeking of informed consent would prevent the AI system from being tested, the testing itself and the outcome of the testing in the real world conditions shall not have any negative effect on the subjects, and their personal data shall be deleted after the test is performed; (j)the testing in real world conditions is effectively overseen by the provider or prospective provider , as well as by deployers or prospective deploye rs through persons who are suitably qualified in the relevant field and have the necessary capacity , training and authority to perform their tasks; (k)the predictions, recommendations or decisions of the AI system can be effectively reversed and disregarded. 5. Any subjects of the testing in real world conditions, or their legally designated representative, as appropriate, may, without any resulting detriment and without having to provide any justification, withdraw from the testing at any time by revoking their informed consent and may request the immediate and permanent deletion of their personal data. The withdrawal of the informed consent shall not affect the activities already carried out. 6. In accordance with Article 75, Member States shall confer on their market surveillance authorities the powers of requiring providers and prospective providers to provide information , of carrying out unannounced remote or on-site inspections, and of performing checks on the conduct of the testing in real world conditions and the related high-risk AI systems. Market surveillance authorities shall use those powers to ensure the safe development of testing in real world conditions. 7. Any serious incident identified in the course of the testing in real world conditions shall be reported to the national market surveillance authority in accordance with Article 73. The provider or prospective provider shall adopt immediate mitigation measures or, failing that, shall suspend the testing in real world conditions until such mitigation takes place, or otherw ise terminate it. The provider or prospective provider shall establish a procedure for the prompt recall of the AI system upon such termination of the testing in real world conditions. 8. Providers or prospective providers shall notify the national market surveillance authority in the Member State where the testing in real world conditions is to be conducted of the suspension or termination of the testing in real world conditions and of the final outcomes. 9. The provider or prospective provid er shall be liable under applicable Union and national liability law for any damage caused in the course of their testing in real world conditions. Article 61 Informed consent to participate in testing in r eal world conditions outside AI regulatory sandboxes 1. For the purpose of testing in real world conditions under Article 60, freely-given informed consent shall be obtained from the subjects of testing prior to their participation in such testing and after their having been duly informed with concise, clear , relevant, and understandable information regarding: (a)the nature and objectives of the testing in real world conditions and the possible inconvenience that may be linked to their participation; (b)the conditions under which the testing in real world conditions is to be conducted, including the expected duration of the subject or subjects’ participation; (c)their rights, and the guarantees regardin g their participation, in particular their right to refuse to participate in, and the right to withdraw from, testing in real world conditions at any time without any resulting detriment and without having to provide any justification; (d)the arrangements for requesting the reversal or the disregarding of the predictions, recommendations or decisions of the AI system; (e)the Union-wide unique single identification number of the testing in real world conditions in accordance with Article 60(4) point (c), and the contact details of the provider or its legal representative from whom further information can be obtained. 2. The informed consent shall be dated and documented and a copy shall be given to the subjects of testing or their legal representative. Article 62 Measur es for providers and deployers, in particular SMEs, including start-ups 1. Member States shall undertake the following actions: (a)provide SMEs, including start-ups, having a registered office or a branch in the Union, with priority access to the AI regulatory sandboxes, to the extent that they fulfil the eligibility conditions and selection criteria; the priority access shall not preclude other SMEs, including start-ups, other than those referred to in this paragraph from access to the AI regulatory sandbox, provided that they also fulfil the eligibility conditions and selection criteria;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 75/110 (b)organise specific awareness raising and training activities on the application of this Regulation tailored to the needs of SMEs including start-ups, deployers and, as appropriate, local public authorities; (c)utilise existing dedicated channels and where appropriate, establish new ones for communication with SMEs including start-ups, deployers, other innovators and, as appropriate, local public authorities to provide advice and respond to queries about the implementation of this Regulation, including as regards participation in AI regulatory sandboxes; (d)facilitate the participation of SMEs and other relevant stakeholders in the standardisation development process. 2. The specific interests and needs of the SME providers, including start-ups, shall be taken into account when setting the fees for conformity assessm ent under Article 43, reducing those fees proportionately to their size, market size and other relevant indicators. 3. The AI Of fice shall undertake the following actions: (a)provide standardised templates for areas covered by this Regulation, as specified by the Board in its request; (b)develop and maintain a single information platform providing easy to use information in relation to this Regulation for all operators across the Union; (c)organise appropriate communication campaigns to raise awareness about the obligations arising from this Regulation; (d)evaluate and promote the conver gence of best practices in public procurement procedures in relation to AI systems. Article 63 Derogations for specific operators 1. Microenterprises within the meaning of Recommendation 2003/361/EC may comply with certain elements of the quality management system required by Article 17 of this Regulation in a simplified manner , provided that they do not have partner enterprises or linked enterprises within the meaning of that Recommendation. For that purpose, the Commission shall develop guidelines on the elements of the quality management system which may be complied with in a simplified manner considering the needs of microenterprises, without affecting the level of protection or the need for compliance with the requirements in respect of high-risk AI systems. 2. Paragraph 1 of this Article shall not be interpreted as exempting those operators from fulfilling any other requirements or obligations laid down in this Regulation, including those established in Articles 9, 10, 11, 12, 13, 14, 15, 72 and 73. CHAPTER VII GOVERNANCE SECTION 1 Governance at Union level Article 64 AI Office 1. The Commission shall develop Union expertise and capabilities in the field of AI through the AI Of fice. 2. Member States shall facilitate the tasks entrusted to the AI Of fice, as reflected in this Regulation. Article 65 Establishment and structur e of the Eur opean Artificial Intelligence Board 1. A European Artificial Intelligence Board (the ‘Board’) is hereby established. 2. The Board shall be composed of one representative per Member State. The European Data Protection Supervisor shall participate as observer . The AI Office shall also attend the Board’ s meetings, without taking part in the votes. Other national and Union authorities, bodies or experts may be invited to the meetings by the Board on a case by case basis, where the issues discussed are of relevance for them. 3. Each representative shall be designated by their Member State for a period of three years, renewable once. 4. Member States shall ensure that their representatives on the Board: (a)have the relevant competences and powers in their Member State so as to contribute actively to the achievement of the Board’ s tasks referred to in Article 66;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 76/110 (b)are designated as a single contact point vis-à-vis the Board and, where appropriate, taking into account Member States’ needs, as a single contact point for stakeholders; (c)are empowered to facilitate consistency and coordination between national competent authorities in their Member State as regards the impleme ntation of this Regulation, including through the collection of relevant data and information for the purpose of fulfilling their tasks on the Board. 5. The designated representatives of the Member States shall adopt the Board’ s rules of procedure by a two- thirds majority . The rules of procedure shall, in particular , lay down procedures for the selection process, the duration of the mandate of, and specifications of the tasks of, the Chair , detaile d arrangements for voting, and the or ganisation of the Board’ s activities and those of its sub-groups. 6. The Board shall establish two standing sub-groups to provide a platform for cooperation and exchange among market surveillance authorities and notifying authorities about issues related to market surveillance and notified bodies respectively . The standing sub-group for market surveillance should act as the administrative cooperation group (ADCO) for this Regulation within the meaning of Article 30 of Regulation (EU) 2019/1020. The Board may establish other standing or temporary sub-groups as appropriate for the purpose of examining specific issues. Where appropriate, representatives of the advisory forum referred to in Article 67 may be invited to such sub-groups or to specific meetings of those subgroups as observers. 7. The Board shall be organised and operated so as to safeguard the objectivity and impartiality of its activities. 8. The Board shall be chaired by one of the representatives of the Member States. The AI Office shall provide the secretariat for the Board, convene the meetings upon request of the Chair , and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and its rules of procedure. Article 66 Tasks of the Board The Board shall advise and assist the Commission and the Member States in order to facilitate the consistent and ef fective application of this Regulation. To that end, the Board may in particular: (a)contribute to the coordination among national competent authorities responsible for the application of this Regulation and, in cooperation with and subject to the agreement of the market surveillance authorities concerned, support joint activities of market surveillance authorities referred to in Article 74(1 1); (b)collect and share technical and regulatory expertise and best practices among Member States; (c)provide advice on the implementation of this Regulation, in particular as regards the enforcement of rules on general-purpose AI models; (d)contribute to the harmonisation of administrative practices in the Member States, including in relation to the derogation from the conformity assessment procedures referred to in Article 46, the functioning of AI regulatory sandboxes, and testing in real world conditions referred to in Articles 57, 59 and 60; (e)at the request of the Commission or on its own initiative, issue recommendations and written opinions on any relevant matters related to the implementation of this Regulation and to its consistent and effective application, including: (i)on the development and application of codes of conduct and codes of practice pursuant to this Regulation, as well as of the Commission’ s guidelines; (ii)the evaluation and review of this Regulation pursuant to Article 112, including as regards the serious incident reports referred to in Article 73, and the functioning of the EU database referred to in Article 71, the preparation of the delegated or implementing acts, and as regards possible alignments of this Regulation with the Union harmonisation legislation listed in Annex I; (iii)on technical specifications or existing standards regarding the requirements set out in Chapter III, Section 2; (iv)on the use of harmonised standards or common specifications referred to in Articles 40 and 41; (v)trends, such as European global competitiveness in AI, the uptake of AI in the Union, and the development of digital skills; (vi)trends on the evolving typology of AI value chains, in particular on the resulting implications in terms of accountability; (vii)on the potential need for amendment to Annex III in accordance with Article 7, and on the potential need for possible revision of Article 5 pursuant to Article 112, taking into account relevant available evidence and the latest developments in technology; (f)support the Commission in promoting AI literacy , public awareness and understanding of the benefits, risks, safeguards and rights and obligations in relation to the use of AI systems;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 77/110 (g)facilitate the development of common criteria and a shared understanding among market operators and competent authorities of the relevant concepts provided for in this Regulation, including by contributing to the development of benchmarks; (h)cooperate, as appropriate, with other Union institutions, bodies, offices and agencies, as well as relevant Union expert groups and networks, in particular in the fields of product safety , cybersecurity , competition, digital and media services, financial services, consumer protection, data and fundamental rights protection; (i)contribute to effective cooperation with the competent authorities of third coun tries and with international organisations; (j)assist national competent authorities and the Commission in developing the organisational and technical expertise required for the implementation of this Regulation, including by contri buting to the assessment of training needs for staf f of Member States involved in implementing this Regulation; (k)assist the AI Office in supporting national competent authorities in the establishment and development of AI regulatory sandboxes, and facilitate cooperation and information-shari ng among AI regulatory sandboxes; (l)contribute to, and provide relevant advice on, the development of guidance documents; (m)advise the Commission in relation to international matters on AI; (n)provide opinions to the Commission on the qualified alerts regarding general-purpose AI models; (o)receive opinions by the Member States on qualified alerts regarding general-p urpose AI models, and on national experiences and practices on the monitoring and enforcement of AI systems, in particular systems integrating the general-purpose AI models. Article 67 Advisory forum 1. An advisory forum shall be established to provide technical expertise and advise the Board and the Commission, and to contribute to their tasks under this Regulation. 2. The membership of the advisory forum shall represent a balanced selection of stakeholders, including industry , start-ups, SMEs, civil society and academia. The membership of the advisory forum shall be balanced with regard to commercial and non-commercial interests and, within the category of commercial interests, with regard to SMEs and other undertakings. 3. The Commission shall appoint the members of the advisory forum, in accord ance with the criteria set out in paragraph 2, from amongst stakeholders with recognised expertise in the field of AI. 4. The term of office of the members of the advisory forum shall be two years , which may be extended by up to no more than four years. 5. The Fundamental Rights Agency , ENISA, the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI) shall be permanent members of the advisory forum. 6. The advisory forum shall draw up its rules of procedure. It shall elect two co-chairs from among its members, in accordance with criteria set out in paragraph 2. The term of office of the co-chairs shall be two years, renewable once. 7. The advisory forum shall hold meetings at least twice a year. The advisory forum may invite experts and other stakeholders to its meetings. 8. The advisory forum may prepare opinions, recommendations and written contributions at the request of the Board or the Commission. 9. The advisory forum may establish standing or temporary sub-groups as appropriate for the purpose of examining specific questions related to the objectives of this Regulation. 10. The advisory forum shall prepare an annual report on its activities. That report shall be made publicly available. Article 68 Scientific panel of independent experts 1. The Commission shall, by mean s of an implementing act, make provisions on the establishment of a scientific panel of independent expert s (the ‘scientific panel’) intended to support the enforcement activities under this Regulation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2). 2. The scientific panel shall consist of experts selected by the Commission on the basis of up-to-date scientific or technical expertise in the field of AI necessary for the tasks set out in paragraph 3, and shall be able to demonstrate meeting all of the following conditions:2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 78/110 (a)having particular expertise and competence and scientific or technical expertise in the field of AI; (b)independence from any provider of AI systems or general-purpose AI models; (c)an ability to carry out activities diligently , accurately and objectively . The Commission, in consultation with the Board, shall determine the number of experts on the panel in accordance with the required needs and shall ensure fair gender and geographical representation. 3. The scientific panel shall advise and support the AI Of fice, in particular with regard to the following tasks: (a)supporting the implementation and enforcement of this Regulation as regards general-purpose AI models and systems, in particular by: (i)alerting the AI Office of possible systemic risks at Union level of general-purpose AI models, in accordance with Article 90; (ii)contributing to the development of tools and methodologies for evaluating capabilities of general- purpose AI models and systems, including through benchmarks; (iii)providing advice on the classification of general-purpose AI models with systemic risk; (iv)providing advice on the classification of various general-purpose AI models and systems; (v)contributing to the development of tools and templates; (b)supporting the work of market surveillance authorities, at their request; (c)supporting cross-border market surveillance activities as referred to in Article 74(11), without prejudice to the powers of market surveillance authorities; (d)supporting the AI Office in carrying out its duties in the context of the Union safeguard procedure pursuant to Article 81. 4. The experts on the scientific panel shall perform their tasks with impartiality and objectivity , and shall ensure the confidentiality of information and data obtained in carrying out their tasks and activities. They shall neither seek nor take instructions from anyone when exercising their tasks under paragraph 3. Each expert shall draw up a declaration of interests, which shall be made publicly available. The AI Office shall establish systems and procedures to actively manage and prevent potential conflicts of interest. 5. The implementing act referred to in paragraph 1 shall include provisions on the conditions, procedures and detailed arrangements for the scientific panel and its members to issue alerts, and to request the assistance of the AI Of fice for the performance of the tasks of the scientific panel. Article 69 Access to the pool of experts by the Member States 1. Member States may call upon experts of the scientific panel to support their enforcement activities under this Regulation. 2. The Member States may be required to pay fees for the advice and support provided by the experts. The structure and the level of fees as well as the scale and structure of recoverab le costs shall be set out in the implementing act referred to in Article 68(1), taking into account the objectives of the adequate implementation of this Regulation, cost-ef fectiveness and the necessity of ensuring effective access to experts for all Member States. 3. The Commission shall facilitate timely access to the experts by the Membe r States, as needed, and ensure that the combination of support activities carried out by Union AI testing support pursuant to Article 84 and experts pursuant to this Article is ef ficiently or ganised and provides the best possible added value. SECTION 2 National competent authorities Article 70 Designation of national competent authorities and single points of contact 1. Each Member State shall establish or designate as national competent authorities at least one notifying authority and at least one market surveillance authority for the purposes of this Regulation. Those national competent authorities shall exercise their powers independently , impartially and without bias so as to safeguard the objectivity of their activities and tasks, and to ensure the application and implementation of this Regulation. The members of those authorities shall refrain from any action incompatible with their duties. Provided that those principles are observed, such activities and tasks may be performed by one or more designated authorities, in accordance with the or ganisational needs of the Member State. 2. Member States shall communicate to the Commission the identity of the notifying authorities and the market surveillance authorities and the tasks of those authorities, as well as any subsequent changes thereto. Member States shall make publicly available information on how competent authorities and single points of2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 79/110 contact can be contacted, through elect ronic communication means by 2 August 2025. Member States shall designate a market surveillance authority to act as the single point of contact for this Regulation, and shall notify the Commission of the identity of the single point of contact. The Commission shall make a list of the single points of contact publicly available. 3. Member States shall ensure that their national competent authorities are provided with adequate technical, financial and human resources, and with infrastructure to fulfil their tasks effectively under this Regulation. In particular , the national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of AI technologies, data and data computing, personal data protection, cybersecurity , fundamental rights, health and safety risks and knowledge of existing standards and legal requirements. Member States shall assess and, if necessary , update competence and resource requirements referred to in this paragraph on an annual basis. 4. National competent authorities shall take appropriate measures to ensure an adequate level of cybersecurity . 5. When performing their tasks, the national competent authorities shall act in accordance with the confidentiality obligations set out in Article 78. 6. By 2 August 2025, and once every two years thereafter , Member States shall report to the Commission on the status of the financial and human resources of the national competent authorities, with an assessment of their adequacy . The Commission shall transmit that information to the Board for discussion and possible recommendations. 7. The Commission shall facilitate the exchange of experience between national competent authorities. 8. National competent authorities may provide guidance and advice on the implementation of this Regulation, in particular to SMEs including start-ups, taking into account the guidance and advice of the Board and the Commission, as appropriate. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union law, the national competent authorities under that Union law shall be consulted, as appropriate. 9. Where Union institutions, bodies, offices or agencies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as the competent authority for their supervision. CHAPTER VIII EU DA TABASE FOR HIGH-RISK AI SYSTEMS Article 71 EU database for high-risk AI systems listed in Annex III 1. The Commission shall, in collaboration with the Member States, set up and maintain an EU database containing information referred to in paragraphs 2 and 3 of this Article concerning high-risk AI systems referred to in Article 6(2) which are registered in accordance with Articles 49 and 60 and AI systems that are not considered as high-risk pursuant to Article 6(3) and which are registered in accordance with Article 6(4) and Article 49. When setting the functional specifications of such database, the Commission shall consult the relevant experts, and when updating the functional specifications of such database, the Commission shall consult the Board. 2. The data listed in Sections A and B of Annex VIII shall be entered into the EU database by the provider or, where applicable, by the authorised representative. 3. The data listed in Section C of Annex VIII shall be entered into the EU database by the deployer who is, or who acts on behalf of, a public authority , agency or body , in accordance with Article 49(3) and (4). 4. With the exception of the section referred to in Article 49(4) and Article 60(4), point (c), the information contained in the EU database registered in accordance with Article 49 shall be accessible and publicly available in a user-friendly manner . The information should be easily navigable and machine-readable. The information registered in accordance with Article 60 shall be accessible only to market surveillance authorities and the Commission, unless the prospective provider or provider has given consent for also making the information accessible the public. 5. The EU database shall contain personal data only in so far as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider or the deployer , as applicable. 6. The Commission shall be the controller of the EU database. It shall make available to providers, prospective providers and deployers adequate technical and administrative support. The EU database shall comply with the applicable accessibility requirements. CHAPTER IX POST -MARKET MONIT ORING, INFORMA TION SHARING AND MARKET SUR VEILLANCE2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 80/110 SECTION 1 Post-market monitoring Article 72 Post-market monitoring by pr oviders and post-market monitoring plan for high-risk AI systems 1. Providers shall establish and docum ent a post-market monitoring system in a manner that is proportionate to the nature of the AI technologies and the risks of the high-risk AI system. 2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data which may be provided by deployers or which may be collected through other sources on the performance of high-risk AI systems throughout their lifetime, and which allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Chapter III, Section 2. Where relevant, post-market monitoring shall include an analysis of the interaction with other AI systems. This obligation shall not cover sensitive operational data of deployers which are law-enforcement authorities. 3. The post-market monitoring system shall be based on a post-market monitoring plan. The post-market monitoring plan shall be part of the technical documentation referred to in Annex IV. The Commission shall adopt an implementing act laying down detailed provisions establishing a template for the post-market monitoring plan and the list of elements to be included in the plan by 2 February 2026. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2). 4. For high-risk AI systems covered by the Union harmonisation legislation listed in Section A of Annex I, where a post-market monitoring system and plan are already established under that legislation, in order to ensure consistency , avoid duplications and minimise additional burdens, providers shall have a choice of integrating, as appropriate, the necessary elements described in paragraphs 1, 2 and 3 using the template referred in paragraph 3 into systems and plans already existing under that legislation, provided that it achieves an equivalent level of protection. The first subparagraph of this paragrap h shall also apply to high-risk AI systems referred to in point 5 of Annex III placed on the market or put into service by financial institutions that are subject to requirements under Union financial services law regarding their internal governance, arrangements or processes. SECTION 2 Sharing of information on serious incidents Article 73 Reporting of serious incidents 1. Providers of high-risk AI systems placed on the Union market shall report any serious incident to the market surveillance authorities of the Member States where that incident occurred. 2. The report referred to in paragraph 1 shall be made immediately after the provider has established a causal link between the AI system and the serious incident or the reasonable likelihood of such a link, and, in any event, not later than 15 days after the provider or, where applicable, the deployer , becomes aware of the serious incident. The period for the reporting referred to in the first subparagraph shall take account of the severity of the serious incident. 3. Notwithstanding paragraph 2 of this Article, in the event of a widespread infringement or a serious incident as defined in Article 3, point (49)(b), the report referred to in paragraph 1 of this Article shall be provided immediately , and not later than two days after the provider or, where applicable, the deployer becomes aware of that incident. 4. Notwithstanding paragraph 2, in the event of the death of a person, the report shall be provided immediately after the provider or the deployer has established, or as soon as it suspects, a causal relationship between the high-risk AI system and the serious incident, but not later than 10 days after the date on which the provider or, where applicable, the deployer becomes aware of the serious incident. 5. Where necessary to ensure timely reporting, the provider or, where applicab le, the deployer , may submit an initial report that is incomplete, followed by a complete report. 6. Following the reporting of a serious incident pursuant to paragraph 1, the provider shall, without delay , perform the necessary investigations in relation to the serious incident and the AI system concerned. This shall include a risk assessment of the incident, and corrective action. The provider shall cooperate with the competent authorities, and where relevant with the notified body concerned, during the investigations referred to in the first subparagraph, and shall not perform any investigation which involves altering the AI system concerned in a way which may affect any subsequent evaluation of the causes of the incident, prior to informing the competent authorities of such action.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 81/110 7. Upon receiving a notification related to a serious incident referred to in Article 3, point (49)(c), the relevant market surveillance authority shall inform the national public authorities or bodies referred to in Article 77(1). The Commission shall develop dedicated guidance to facilitate compliance with the obligations set out in paragraph 1 of this Article. That guidance shall be issued by 2 August 2025, and shall be assessed regularly . 8. The market surveillance authority shall take appropriate measures, as provided for in Article 19 of Regulation (EU) 2019/1020, within seven days from the date it received the notification referred to in paragraph 1 of this Article, and shall follow the notification procedures as provided in that Regulation. 9. For high-risk AI systems referred to in Annex III that are placed on the market or put into service by providers that are subject to Union legislative instruments laying down reporting obligations equivalent to those set out in this Regulation, the notification of serious incidents shall be limited to those referred to in Article 3, point (49)(c). 10. For high-risk AI systems which are safety components of devices, or are themselves devices, covered by Regulations (EU) 2017/745 and (EU) 2017/746, the notification of serious incidents shall be limited to those referred to in Article 3, point (49)(c) of this Regulation, and shall be made to the national competent authority chosen for that purpose by the Member States where the incident occurred. 11. National competent authorities shall immediately notify the Commission of any serious incident, whether or not they have taken action on it, in accordance with Article 20 of Regulation (EU) 2019/1020. SECTION 3 Enforcement Article 74 Market surveillance and contr ol of AI systems in the Union market 1. Regulation (EU) 2019/1020 shall apply to AI systems covered by this Regulation. For the purposes of the effective enforcement of this Regulation: (a)any reference to an economic operator under Regulation (EU) 2019/1020 shall be understood as including all operators identified in Article 2(1) of this Regulation; (b)any reference to a product under Regulation (EU) 2019/1020 shall be understood as including all AI systems falling within the scope of this Regulation. 2. As part of their reporting obligations under Article 34(4) of Regulation (EU) 2019/1020, the market surveillance authorities shall report annually to the Commission and relevant national competition authorities any information identified in the course of market surveillance activities that may be of potential interest for the application of Union law on competition rules. They shall also annually report to the Commission about the use of prohibited practices that occurred during that year and about the measures taken. 3. For high-risk AI systems related to products covered by the Union harm onisation legislation listed in Section A of Annex I, the market surveillance authority for the purposes of this Regulation shall be the authority responsible for market surveillance activities designated under those legal acts. By derogation from the first subparagraph, and in appropriate circumstances, Member States may designate another relevant authority to act as a market surveillance authority , provided they ensure coordination with the relevant sectoral market surveillance authorities responsible for the enforcement of the Union harmonisation legislation listed in Annex I. 4. The procedures referred to in Articles 79 to 83 of this Regulation shall not apply to AI systems related to products covered by the Union harmonisation legislation listed in section A of Annex I, where such legal acts already provide for procedures ensuring an equivalent level of protection and having the same objective. In such cases, the relevant sectoral procedures shall apply instead. 5. Without prejudice to the powers of market surveillance authorities under Article 14 of Regulation (EU) 2019/1020, for the purpose of ensurin g the effective enforcement of this Regulation, market surveillance authorities may exercise the powers referred to in Article 14(4), points (d) and (j), of that Regulation remotely , as appropriate. 6. For high-risk AI systems placed on the market, put into service, or used by financial institutions regulated by Union financial services law, the market surveillance authority for the purposes of this Regulation shall be the relevant national authority responsible for the financial supervision of those institutions under that legislation in so far as the placing on the market, putting into service, or the use of the AI system is in direct connection with the provision of those financial services. 7. By way of derogation from paragraph 6, in appropriate circumstances, and provided that coordination is ensured, another relevant authority may be identified by the Member State as market surveillance authority for the purposes of this Regulation. National market surveillance authorities supervising regulated credit institutions regulated under Directive 2013/36/EU, which are participating in the Single Supervisory Mechanism established by Regulation (EU)2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 82/110 No 1024/2013, should report, without delay, to the European Central Bank any information identified in the course of their market surveillance activities that may be of potential interest for the prudential supervisory tasks of the European Central Bank specified in that Regulation. 8. For high-risk AI systems listed in point 1 of Annex III to this Regulation, in so far as the systems are used for law enforcement purposes, border management and justice and democracy , and for high-risk AI systems listed in points 6, 7 and 8 of Annex III to this Regulation, Member States shall designate as market surveillance authorities for the purposes of this Regulation either the competent data protection supervisory authorities under Regulation (EU) 2016/679 or Directive (EU) 2016/680, or any other authority designated pursuant to the same conditions laid down in Articles 41 to 44 of Directive (EU) 2016/680. Market surveillance activities shall in no way affect the independence of judicial authorities, or otherwise interfere with their activities when acting in their judicial capacity . 9. Where Union institutions, bodies, offices or agencies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as their market surveillance authority , except in relation to the Court of Justice of the European Union acting in its judicial capacity . 10. Member States shall facilitate coordination between market surveillance authorities designated under this Regulation and other relevant national authorities or bodies which supervise the application of Union harmonisation legislation listed in Annex I, or in other Union law, that might be relevant for the high-risk AI systems referred to in Annex III. 11. Market surveillance authorities and the Commission shall be able to propose joint activities, including joint investigations, to be conducted by either market surveillance authorities or market surveillance authorities jointly with the Commission, that have the aim of promoting compliance, identifying non-compliance, raising awareness or providing guidance in relation to this Regulation with respect to specific categories of high-risk AI systems that are found to present a serious risk across two or more Mem ber States in accordance with Article 9 of Regulation (EU) 2019/1 020. The AI Office shall provide coordination support for joint investigations. 12. Without prejudice to the powers provided for under Regulation (EU) 2019 /1020, and where relevant and limited to what is necessary to fulfil their tasks, the market surveillance authorities shall be granted full access by providers to the documentation as well as the training, validation and testing data sets used for the development of high-risk AI systems, including, where appropriate and subject to security safeguards, through application programming interfaces (API) or other relevant technical means and tools enabling remote access. 13. Market surveillance authorities shall be granted access to the source code of the high-risk AI system upon a reasoned request and only when both of the following conditions are fulfilled: (a)access to source code is necessary to assess the conformity of a high-risk AI system with the requirements set out in Chapter III, Section 2; and (b)testing or auditing procedures and verifications based on the data and documentation provided by the provider have been exhausted or proved insuf ficient. 14. Any information or documentation obtained by market surveillance authorities shall be treated in accordance with the confidentiality obligations set out in Article 78. Article 75 Mutual assistance, market surveillance and contr ol of general-purpose AI systems 1. Where an AI system is based on a general-purpose AI model, and the model and the system are developed by the same provider , the AI Office shall have powers to monitor and supervis e compliance of that AI system with obligations under this Regulation. To carry out its monitoring and supervision tasks, the AI Office shall have all the powers of a market surveillance authority provided for in this Section and Regulation (EU) 2019/1020. 2. Where the relevant market surveillance authorities have sufficient reason to consider general-purpose AI systems that can be used directly by deployers for at least one purpose that is classified as high-risk pursuant to this Regulation to be non-compliant with the requirements laid down in this Regulation, they shall cooperate with the AI Office to carry out compliance evaluations, and shall inform the Board and other market surveillance authorities accordingly . 3. Where a market surveillance authority is unable to conclude its investiga tion of the high-risk AI system because of its inability to access certain information related to the general-purpose AI model despite having made all appropriate efforts to obtain that information, it may submit a reasoned request to the AI Office, by which access to that information shall be enforced. In that case, the AI Office shall supply to the applicant authority without delay , and in any event within 30 days, any information that the AI Office considers to be relevant in order to establish whether a high-risk AI system is non-compliant. Market surveillance authorities shall safeguard the confidentiality of the information that they obtain in accordance with Article 78 of this Regulation. The procedure provided for in Chapter VI of Regulation (EU) 2019/1020 shall apply mutatis mutandis .2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 83/110 Article 76 Supervision of testing in r eal world conditions by market surveillance authorities 1. Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is in accordance with this Regulation. 2. Where testing in real world conditions is conducted for AI systems that are supervised within an AI regulatory sandbox under Article 58, the market surveillance authorities shall verify the compliance with Article 60 as part of their supervisory role for the AI regulatory sandbox. Those authorities may, as appropriate, allow the testing in real world conditions to be conducted by the provider or prospective provider , in derogation from the conditions set out in Article 60(4), points (f) and (g). 3. Where a market surveillance authority has been informed by the prospectiv e provider , the provider or any third party of a serious incident or has other grounds for considering that the conditions set out in Articles 60 and 61 are not met, it may take either of the following decisions on its territory , as appropriate: (a)to suspend or terminate the testing in real world conditions; (b)to require the provider or prospective provider and the deployer or prospective deployer to modify any aspect of the testing in real world conditions. 4. Where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article, or has issued an objection within the meaning of Article 60(4), point (b), the decision or the objection shall indicate the grounds therefor and how the provider or prospective provider can challenge the decision or objection. 5. Where applicable, where a market surveillance authority has taken a decision referred to in paragraph 3, it shall communicate the grounds therefor to the market surveillance authorities of other Member States in which the AI system has been tested in accordance with the testing plan. Article 77 Powers of authorities pr otecting fundamental rights 1. National public authorities or bodies which supervise or enforce the respect of obligations under Union law protecting fundamental rights, including the right to non-discrimination, in relation to the use of high-risk AI systems referred to in Annex III shall have the power to request and access any documentation created or maintained under this Regulation in accessible language and format when access to that documentation is necessary for effectively fulfilling their mandates within the limits of their jurisdiction. The relevant public authority or body shall inform the market surveillance authority of the Member State concerned of any such request. 2. By 2 November 2024, each Member State shall identify the public authorities or bodies referred to in paragraph 1 and make a list of them publicly available. Member States shall notify the list to the Commission and to the other Member States, and shall keep the list up to date. 3. Where the documentation referred to in paragraph 1 is insuf ficient to ascertain whether an infringement of obligations under Union law protecting fundamental rights has occurred, the public authority or body referred to in paragraph 1 may make a reasoned request to the market surveillance authority, to organise testing of the high-risk AI system through technical means. The market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within a reasonable time following the request. 4. Any information or documentation obtained by the national public authorities or bodies referred to in paragraph 1 of this Article pursuant to this Article shall be treated in accordance with the confidentiality obligations set out in Article 78. Article 78 Confidentiality 1. The Commission, market surveillance authorities and notified bodies and any other natural or legal person involved in the application of this Regulation shall, in accordance with Union or national law, respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular: (a)the intellectual property rights and confidential business information or trade secrets of a natural or legal person, including source code, except in the cases referred to in Article 5 of Directive (EU) 2016/943 of the European Parliament and of the Council (57); (b)the effective implementation of this Regulation, in particular for the purposes of inspections, investigations or audits; (c)public and national security interests; (d)the conduct of criminal or administrative proceedings; (e)information classified pursuant to Union or national law .2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 84/110 2. The authorities involved in the application of this Regulation pursuant to paragraph 1 shall request only data that is strictly necessary for the assessment of the risk posed by AI systems and for the exercise of their powers in accordance with this Regulation and with Regulation (EU) 2019/1020. They shall put in place adequate and effective cybersecurity measures to protect the security and confidentiality of the information and data obtained, and shall delete the data collected as soon as it is no longer needed for the purpose for which it was obtained, in accordance with applicable Union or national law . 3. Without prejudice to paragraphs 1 and 2, information exchanged on a confidential basis between the national competent authorities or between national competent authorities and the Commission shall not be disclosed without prior consultation of the originating national competent authority and the deployer when high-risk AI systems referred to in point 1, 6 or 7 of Annex III are used by law enforcement, border control, immigration or asylum authorities and when such disclosure would jeopardise public and national security interests. This exchange of information shall not cover sensitive operational data in relation to the activities of law enforcement, border control, immigration or asylum authorities. When the law enforcement, immigration or asylum authorities are providers of high-risk AI systems referred to in point 1, 6 or 7 of Annex III, the technical documentation referred to in Annex IV shall remain within the premises of those authorities. Those authorities shall ensure that the market surveillance authorities referred to in Article 74(8) and (9), as applicable, can, upon request, immediately access the documentation or obtain a copy thereof. Only staff of the market surveillance authority holding the appropriate level of security clearance shall be allowed to access that documentation or any copy thereof. 4. Paragraphs 1, 2 and 3 shall not affect the rights or obligations of the Commission, Member States and their relevant authorities, as well as those of notified bodies, with regard to the exchange of information and the dissemination of warnings, including in the context of cross-border coopera tion, nor shall they affect the obligations of the parties concerned to provide information under criminal law of the Member States. 5. The Commission and Member States may exchange, where necessary and in accordance with relevant provisions of international and trade agreements, confidential information with regulatory authorities of third countries with which they have conclude d bilateral or multilateral confidentiality arrangements guaranteeing an adequate level of confidentiality . Article 79 Procedur e at national level for dealing with AI systems pr esenting a risk 1. AI systems presenting a risk shall be understood as a ‘product presenting a risk’ as defined in Article 3, point 19 of Regulation (EU) 2019/1020, in so far as they present risks to the health or safety , or to fundamental rights, of persons. 2. Where the market surveillance authority of a Member State has sufficient reason to consider an AI system to present a risk as referred to in paragraph 1 of this Article, it shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. Particular attention shall be given to AI systems presenting a risk to vulnerable groups. Where risks to fundamental rights are identified, the market surveillance authority shall also inform and fully cooperate with the relevant national public authorities or bodies referred to in Article 77(1). The relevant operators shall cooperate as necessary with the market surveillance authority and with the other national public authorities or bodies referred to in Article 77(1). Where, in the course of that evaluation, the market surveillance authority or, where applicable the market surveillance authority in cooperation with the national public authority referred to in Article 77(1), finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without undue delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, to withdraw the AI system from the market, or to recall it within a period the market surveillance authority may prescribe, and in any event within the shorter of 15 working days, or as provided for in the relevant Union harmonisation legislation. The market surveillance authority shall inform the relevant notified body accord ingly . Article 18 of Regulation (EU) 2019/1020 shall apply to the measures referred to in the second subparagraph of this paragraph. 3. Where the market surveillance authority considers that the non-compliance is not restricted to its national territory , it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the operator to take. 4. The operator shall ensure that all appropriate corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market. 5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system’ s being made available on its national market or put into service, to withdraw the product or the standalone AI system from that market or to recall it. That authority shall without undue delay notify the Commission and the other Member States of those measures.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 85/110 6. The notification referred to in paragraph 5 shall include all available detai ls, in particular the information necessary for the identification of the non-compliant AI system, the origin of the AI system and the supply chain, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator . In particular , the market surveillance authorities shall indicate whether the non-compliance is due to one or more of the following: (a)non-compliance with the prohibition of the AI practices referred to in Article 5; (b)a failure of a high-risk AI system to meet requirements set out in Chapter III, Section 2; (c)shortcomings in the harmonised standards or common specifications referred to in Articles 40 and 41 conferring a presumption of conformity; (d)non-compliance with Article 50. 7. The market surveillance authorities other than the market surveillance authority of the Member State initiating the procedure shall, without undue delay , inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the AI system concerned, and, in the event of disagreement with the notified national measure, of their objections. 8. Where, within three months of receipt of the notification referred to in paragraph 5 of this Article, no objection has been raised by either a market surveillance authority of a Member State or by the Commission in respect of a provisional measure taken by a market surveillance authority of another Member State, that measure shall be deemed justified. This shall be without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020. The three-month period referred to in this paragraph shall be reduced to 30 days in the event of non-compliance with the prohibition of the AI practices referred to in Article 5 of this Regulation. 9. The market surveillance authorities shall ensure that appropriate restrictive measures are taken in respect of the product or the AI system concerned, such as withdrawal of the product or the AI system from their market, without undue delay . Article 80 Procedur e for dealing with AI systems classified by the pr ovider as non-high-risk in application of Annex III 1. Where a market surveillance author ity has sufficient reason to consider that an AI system classified by the provider as non-high-risk pursuant to Article 6(3) is indeed high-risk, the market surveillance authority shall carry out an evaluation of the AI system concerned in respect of its classification as a high-risk AI system based on the conditions set out in Article 6(3) and the Commission guidelines. 2. Where, in the course of that evaluation, the market surveillance authority finds that the AI system concerned is high-risk, it shall without undue delay require the relevant provider to take all necessary actions to bring the AI system into compliance with the requirements and obligations laid down in this Regulation, as well as take appropriate corrective action within a period the market surveillance authority may prescribe. 3. Where the market surveillance authority considers that the use of the AI system concerned is not restricted to its national territory , it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the provider to take. 4. The provider shall ensure that all necessary action is taken to bring the AI system into compliance with the requirements and obligations laid down in this Regulation. Where the provider of an AI system concerned does not bring the AI system into compliance with those requirements and obligations within the period referred to in paragraph 2 of this Article, the provider shall be subject to fines in accordance with Article 99. 5. The provider shall ensure that all appropriate corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market. 6. Where the provider of the AI system concerned does not take adequate corrective action within the period referred to in paragraph 2 of this Article, Article 79(5) to (9) shall apply . 7. Where, in the course of the evalu ation pursuant to paragraph 1 of this Article, the market surveillance authority establishes that the AI system was misclassified by the provider as non-high-risk in order to circumvent the application of requirements in Chapter III, Section 2, the provider shall be subject to fines in accordance with Article 99. 8. In exercising their power to monitor the application of this Article, and in accordance with Article 11 of Regulation (EU) 2019/1020, market surveillance authorities may perform appropriate checks, taking into account in particular information stored in the EU database referred to in Article 71 of this Regulation. Article 81 Union safeguard pr ocedur e 1. Where, within three months of receipt of the notification referred to in Article 79(5), or within 30 days in the case of non-compliance with the prohibition of the AI practices referred to in Article 5, objections are raised2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 86/110 by the market surveillance authority of a Member State to a measure taken by another market surveillance authority , or where the Commission considers the measure to be contrary to Union law, the Commission shall without undue delay enter into consultation with the market surveillance authority of the relevant Member State and the operator or operators, and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall, within six months, or within 60 days in the case of non-compliance with the prohibition of the AI practices referred to in Article 5, starting from the notification referred to in Article 79(5), decide whether the national measure is justified and shall notify its decision to the market surveillance authority of the Member State concerned. The Commission shall also inform all other market surveillance authorities of its decision. 2. Where the Commission considers the measure taken by the relevant Member State to be justified, all Member States shall ensure that they take appropriate restrictive measures in respect of the AI system concerned, such as requiring the withdrawal of the AI system from their market without undue delay , and shall inform the Commission accordingly . Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw the measure and shall inform the Commission accordingly . 3. Where the national measure is considered justified and the non-compliance of the AI system is attributed to shortcomings in the harmonised standards or common specifications referred to in Articles 40 and 41 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012. Article 82 Compliant AI systems which pr esent a risk 1. Where, having performed an evaluation under Article 79, after consulting the relevant national public authority referred to in Article 77(1), the market surveillance authority of a Member State finds that although a high-risk AI system complies with this Regulation, it nevertheless presents a risk to the health or safety of persons, to fundamental rights, or to other aspects of public interest protection, it shall require the relevant operator to take all appropriate measure s to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk without undue delay , within a period it may prescribe. 2. The provider or other relevant operator shall ensure that corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market within the timeline prescribed by the market surveillance authority of the Member State referred to in paragraph 1. 3. The Member States shall immediat ely inform the Commission and the other Member States of a finding under paragraph 1. That information shall include all available details, in particular the data necessary for the identification of the AI system concerned, the origin and the supply chain of the AI system, the nature of the risk involved and the nature and duration of the national measures taken. 4. The Commission shall without undu e delay enter into consultation with the Member States concerned and the relevant operators, and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified and, where necessary , propose other appropriate measures. 5. The Commission shall immediately communicate its decision to the Member States concerned and to the relevant operators. It shall also inform the other Member States. Article 83 Formal non-compliance 1. Where the market surveillance authority of a Member State makes one of the following findings, it shall require the relevant provider to put an end to the non-compliance concerned, within a period it may prescribe: (a)the CE marking has been af fixed in violation of Article 48; (b)the CE marking has not been af fixed; (c)the EU declaration of conformity referred to in Article 47 has not been drawn up; (d)the EU declaration of conformity referred to in Article 47 has not been drawn up correctly; (e)the registration in the EU database referred to in Article 71 has not been carried out; (f)where applicable, no authorised representative has been appointed; (g)technical documentation is not available. 2. Where the non-compliance referred to in paragraph 1 persists, the market surveillance authority of the Member State concerned shall take appropriate and proportionate measures to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay . Article 84 Union AI testing support structur es2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 87/110 1. The Commission shall designate one or more Union AI testing support struc tures to perform the tasks listed under Article 21(6) of Regulation (EU) 2019/1020 in the area of AI. 2. Without prejudice to the tasks referred to in paragraph 1, Union AI testing support structures shall also provide independent technical or scientific advice at the request of the Board, the Commission, or of market surveillance authorities. SECTION 4 Remedies Article 85 Right to lodge a complaint with a market surveillance authority Without prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit complaints to the relevant market surveillance authority . In accordance with Regulation (EU) 2019/1020, such complaints shall be taken into account for the purpose of conducting market surveillance activitie s, and shall be handled in line with the dedicated procedures established therefor by the market surveillance authorities. Article 86 Right to explanation of individual decision-making 1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken. 2. Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under that paragraph follow from Union or national law in compliance with Union law . 3. This Article shall apply only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law . Article 87 Reporting of infringements and pr otection of r eporting persons Directive (EU) 2019/1937 shall apply to the reporting of infringements of this Regulation and the protection of persons reporting such infringements. SECTION 5 Supervision, investigation, enforcement and monitoring in respect of providers of general-purpose AI models Article 88 Enfor cement of the obligations of pr oviders of general-purpose AI models 1. The Commission shall have exclusi ve powers to supervise and enforce Chapter V, taking into account the procedural guarantees under Article 94. The Commission shall entrust the implementation of these tasks to the AI Office, without prejudice to the powers of organisation of the Commission and the division of competences between Member States and the Union based on the Treaties. 2. Without prejudice to Article 75(3), market surveillance authorities may request the Commission to exercise the powers laid down in this Section, where that is necessary and proportionate to assist with the fulfilment of their tasks under this Regulation. Article 89 Monitoring actions 1. For the purpose of carrying out the tasks assigned to it under this Section, the AI Office may take the necessary actions to monitor the effective implementation and compliance with this Regulation by providers of general-purpose AI models, including their adherence to approved codes of practice. 2. Downstream providers shall have the right to lodge a complaint alleging an infringement of this Regulation. A complaint shall be duly reasoned and indicate at least: (a)the point of contact of the provider of the general-purpose AI model concerned;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 88/110 (b)a description of the relevant facts, the provisions of this Regulation concerned, and the reason why the downstream provider considers that the provider of the general-purpose AI model concerned infringed this Regulation; (c)any other information that the downstream provider that sent the request considers relevant, including, where appropriate, information gathered on its own initiative. Article 90 Alerts of systemic risks by the scientific panel 1. The scientific panel may provide a qualified alert to the AI Of fice where it has reason to suspect that: (a)a general-purpose AI model poses concrete identifiable risk at Union level; or (b)a general-purpose AI model meets the conditions referred to in Article 51. 2. Upon such qualified alert, the Commission, through the AI Office and after having informed the Board, may exercise the powers laid down in this Section for the purpose of assessing the matter . The AI Office shall inform the Board of any measure according to Articles 91 to 94. 3. A qualified alert shall be duly reasoned and indicate at least: (a)the point of contact of the provider of the general-purpose AI model with systemic risk concerned; (b)a description of the relevant facts and the reasons for the alert by the scientific panel; (c)any other information that the scientif ic panel considers to be relevant, including, where appropriate, information gathered on its own initiative. Article 91 Power to request documentation and information 1. The Commission may request the provider of the general-purpose AI model concerned to provide the documentation drawn up by the provider in accordance with Articles 53 and 55, or any additional information that is necessary for the purpose of assessing compliance of the provider with this Regulation. 2. Before sending the request for information, the AI Office may initiate a structured dialogue with the provider of the general-purpose AI model. 3. Upon a duly substantiated request from the scientific panel, the Commission may issue a request for information to a provider of a general-purpose AI model, where the access to information is necessary and proportionate for the fulfilment of the tasks of the scientific panel under Article 68(2). 4. The request for information shall state the legal basis and the purpose of the request, specify what information is required, set a period within which the information is to be provided, and indicate the fines provided for in Article 101 for supplying incorrect, incomplete or misleading information. 5. The provider of the general-purpose AI model concerned, or its representative shall supply the information requested. In the case of legal persons, companies or firms, or where the provider has no legal personality , the persons authorised to represent them by law or by their statutes, shall supply the information requested on behalf of the provider of the general-purpose AI model concerned. Lawyers duly authorised to act may supply information on behalf of their clients. The clients shall nevertheless remain fully responsible if the information supplied is incomplete, incorrect or misleading. Article 92 Power to conduct evaluations 1. The AI Office, after consulting the Board, may conduct evaluations of the general-purpose AI model concerned: (a)to assess compliance of the provider with obligations under this Regulation, where the information gathered pursuant to Article 91 is insuf ficient; or (b)to investigate systemic risks at Union level of general-purpose AI models with systemic risk, in particular following a qualified alert from the scientific panel in accordance with Article 90(1), point (a). 2. The Commission may decide to appoint independent experts to carry out evaluations on its behalf, including from the scientific panel established pursuant to Article 68. Indepen dent experts appointed for this task shall meet the criteria outlined in Article 68(2). 3. For the purposes of paragraph 1, the Commission may request access to the general-purpose AI model concerned through APIs or further appropriate technical means and tools, including source code. 4. The request for access shall state the legal basis, the purpose and reasons of the request and set the period within which the access is to be provided, and the fines provided for in Article 101 for failure to provide access. 5. The providers of the general-purpos e AI model concerned or its representative shall supply the information requested. In the case of legal persons, companies or firms, or where the provider has no legal personality , the2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 89/110 persons authorised to represent them by law or by their statutes, shall provide the access requested on behalf of the provider of the general-purpose AI model concerned. 6. The Commission shall adopt implementing acts setting out the detailed arrangements and the conditions for the evaluations, including the detailed arrangements for involving independent experts, and the procedure for the selection thereof. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2). 7. Prior to requesting access to the general-purpose AI model concerned, the AI Office may initiate a structured dialogue with the provider of the general-purpose AI model to gather more information on the internal testing of the model, internal safeguards for preventing systemic risks , and other internal procedures and measures the provider has taken to mitigate such risks. Article 93 Power to request measur es 1. Where necessary and appropriate, the Commission may request providers to: (a)take appropriate measures to comply with the obligations set out in Articles 53 and 54; (b)implement mitigation measures, where the evaluation carried out in accordance with Article 92 has given rise to serious and substantiated concern of a systemic risk at Union level; (c)restrict the making available on the market, withdraw or recall the model. 2. Before a measure is requested, the AI Office may initiate a structured dialogue with the provider of the general-purpose AI model. 3. If, during the structured dialogue referred to in paragraph 2, the provider of the general-purpose AI model with systemic risk offers commitments to implement mitigation measures to address a systemic risk at Union level, the Commission may, by decision, make those commitments binding and declare that there are no further grounds for action. Article 94 Procedural rights of economic operators of the general-purpose AI model Article 18 of Regulation (EU) 2019/1020 shall apply mutatis mutandis to the providers of the general-purpose AI model, without prejudice to more specific procedural rights provided for in this Regulation. CHAPTER X CODES OF CONDUCT AND GUIDELINES Article 95 Codes of conduct for voluntary application of specific r equir ements 1. The AI Office and the Member States shall encourage and facilitate the drawing up of codes of conduct, including related governance mechanisms, intended to foster the voluntary appli cation to AI systems, other than high-risk AI systems, of some or all of the requirements set out in Chapter III, Section 2 taking into account the available technical solutions and industry best practices allowing for the application of such requirements. 2. The AI Office and the Member States shall facilitate the drawing up of codes of conduct concerning the voluntary application, including by deployers, of specific requirements to all AI systems, on the basis of clear objectives and key performance indicators to measure the achievement of those objectives, including elements such as, but not limited to: (a)applicable elements provided for in Union ethical guidelines for trustworthy AI; (b)assessing and minimising the impact of AI systems on environmental sustainability , including as regards energy-ef ficient programming and techniques for the ef ficient design, training and use of AI; (c)promoting AI literacy , in particular that of persons dealing with the development, operation and use of AI; (d)facilitating an inclusive and diverse design of AI systems, including through the establishment of inclusive and diverse development teams and the promotion of stakeholders’ participation in that process; (e)assessing and preventing the negative impact of AI systems on vulnerable persons or groups of vulnerable persons, including as regards accessibility for persons with a disability , as well as on gender equality . 3. Codes of conduct may be drawn up by individual providers or deployers of AI systems or by organisations representing them or by both, including with the involvement of any interested stakeholders and their representative organisations, including civil society organisations and academia. Codes of conduct may cover one or more AI systems taking into account the similarity of the intended purpose of the relevant systems. 4. The AI Office and the Member States shall take into account the specific interests and needs of SMEs, including start-ups, when encouraging and facilitating the drawing up of codes of conduct.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 90/110 Article 96 Guidelines fr om the Commission on the implementation of this Regulation 1. The Commission shall develop guidelines on the practical implementation of this Regulation, and in particular on: (a)the application of the requirements and obligations referred to in Articles 8 to 15 and in Article 25; (b)the prohibited practices referred to in Article 5; (c)the practical implementation of the provisions related to substantial modification; (d)the practical implementation of transparency obligations laid down in Article 50; (e)detailed information on the relationship of this Regulation with the Union harm onisation legislation listed in Annex I, as well as with other relevant Union law , including as regards consistency in their enforcement; (f)the application of the definition of an AI system as set out in Article 3, point (1). When issuing such guidelines, the Com mission shall pay particular attention to the needs of SMEs including start-ups, of local public authorities and of the sectors most likely to be af fected by this Regulation. The guidelines referred to in the first subparagraph of this paragraph shall take due account of the generally acknowledged state of the art on AI, as well as of relevant harmonised standards and common specifications that are referred to in Articles 40 and 41, or of those harmonised standards or technical specifications that are set out pursuant to Union harmonisation law . 2. At the request of the Member States or the AI Office, or on its own initiative, the Commission shall update guidelines previously adopted when deemed necessary . CHAPTER XI DELEGA TION OF POWER AND COMMITTEE PROCEDURE Article 97 Exer cise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) shall be conferred on the Commission for a period of five years from 1 August 2024. The Commis sion shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its public ation in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law- Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. Any delegated act adopted pursuant to Article 6(6) or (7), Article 7(1) or (3), Article 11(3), Article 43(5) or (6), Article 47(5), Article 51(3), Article 52(4) or Article 53(5) or (6) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, befor e the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council. Article 98 Committee pr ocedur e 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/201 1. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/201 1 shall apply .2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 91/110 CHAPTER XII PENAL TIES Article 99 Penalties 1. In accordance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties and other enforcement measures, which may also inclu de warnings and non-monetary measures, applicable to infringements of this Regulation by operators, and shall take all measures necessary to ensure that they are properly and effectively implemented, thereby taking into account the guidelines issued by the Commission pursuant to Article 96. The penalties provided for shall be effective, proportionate and dissuasive. They shall take into account the interests of SMEs, including start-ups, and their economic viability . 2. The Member States shall, without delay and at the latest by the date of entry into application, notify the Commission of the rules on penalties and of other enforcement measures refer red to in paragraph 1, and shall notify it, without delay , of any subsequent amendment to them. 3. Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 35 000 000 or, if the offender is an unde rtaking, up to 7 % of its total worldwide annual turnover for the preceding financial year , whichever is higher . 4. Non-compliance with any of the following provisions related to operators or notified bodies, other than those laid down in Articles 5, shall be subject to administrative fines of up to EUR 15 000 000 or, if the offender is an undertaking, up to 3 % of its total worldwide annual turnover for the preceding financial year, whichever is higher: (a)obligations of providers pursuant to Article 16; (b)obligations of authorised representatives pursuant to Article 22; (c)obligations of importers pursuant to Article 23; (d)obligations of distributors pursuant to Article 24; (e)obligations of deployers pursuant to Article 26; (f)requirements and obligations of notified bodies pursuant to Article 31, Article 33(1), (3) and (4) or Article 34; (g)transparency obligations for providers and deployers pursuant to Article 50. 5. The supply of incorrect, incomplete or misleading information to notified bodies or national competent authorities in reply to a request shall be subject to administrative fines of up to EUR 7 500 000 or, if the offender is an undertaking, up to 1 % of its total worldwide annual turnover for the preceding financial year, whichever is higher . 6. In the case of SMEs, including start-ups, each fine referred to in this Article shall be up to the percentages or amount referred to in paragraphs 3, 4 and 5, whichever thereof is lower . 7. When deciding whether to impose an administrative fine and when deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and, as appropriate, regard shall be given to the following: (a)the nature, gravity and duration of the infringement and of its consequence s, taking into account the purpose of the AI system, as well as, where appropriate, the number of affecte d persons and the level of damage suf fered by them; (b)whether administrative fines have already been applied by other market surveillance authorities to the same operator for the same infringement; (c)whether administrative fines have already been applied by other authorities to the same operator for infringements of other Union or national law, when such infringements result from the same activity or omission constituting a relevant infringement of this Regulation; (d)the size, the annual turnover and market share of the operator committing the infringement; (e)any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly , from the infringement; (f)the degree of cooperation with the national competent authorities, in order to remedy the infringement and mitigate the possible adverse ef fects of the infringement; (g)the degree of responsibility of the operator taking into account the technical and organisational measures implemented by it; (h)the manner in which the infringement became known to the national competent authorities, in particular whether , and if so to what extent, the operator notified the infringement; (i)the intentional or negligent character of the infringement; (j)any action taken by the operator to mitigate the harm suf fered by the af fected persons.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 92/110 8. Each Member State shall lay down rules on to what extent administrative fines may be imposed on public authorities and bodies established in that Member State. 9. Depending on the legal system of the Member States, the rules on administrative fines may be applied in such a manner that the fines are imposed by competent national courts or by other bodies, as applicable in those Member States. The application of such rules in those Member States shall have an equivalent ef fect. 10. The exercise of powers under this Article shall be subject to appropriate procedural safeguards in accordance with Union and national law , including ef fective judicial remedies and due process. 11. Member States shall, on an annual basis, report to the Commission abou t the administrative fines they have issued during that year, in accordance with this Article, and about any related litigation or judicial proceedings. Article 100 Administrative fines on Union institutions, bodies, offices and agencies 1. The European Data Protection Supervisor may impose administrative fines on Union institutions, bodies, offices and agencies falling within the scope of this Regulation. When deciding whether to impose an administrative fine and when deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following: (a)the nature, gravity and duration of the infringement and of its consequence s, taking into account the purpose of the AI system concerned, as well as, where appropriate, the number of affected persons and the level of damage suf fered by them; (b)the degree of responsibility of the Union institution, body , office or agency , taking into account technical and or ganisational measures implemented by them; (c)any action taken by the Union institution, body , office or agency to mitigate the damage suffered by affected persons; (d)the degree of cooperation with the European Data Protection Supervisor in order to remedy the infringement and mitigate the possible adverse effects of the infringement, including compliance with any of the measures previously ordered by the European Data Protection Supervisor against the Union institution, body , office or agency concerned with regard to the same subject matter; (e)any similar previous infringements by the Union institution, body , office or agency; (f)the manner in which the infringement became known to the European Data Protection Supervisor , in particular whether , and if so to what extent, the Union institution, body , office or agency notified the infringement; (g)the annual budget of the Union institution, body , office or agency . 2. Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 1 500 000. 3. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Article 5, shall be subject to administrative fines of up to EUR 750 000. 4. Before taking decisions pursuant to this Article, the European Data Protection Supervisor shall give the Union institution, body , office or agency which is the subject of the proceedings conducted by the European Data Protection Supervisor the opportunity of being heard on the matter regarding the possible infringement. The European Data Protection Supervisor shall base his or her decisions only on elements and circumstances on which the parties concerned have been able to comment. Complainants, if any, shall be associated closely with the proceedings. 5. The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the European Data Protection Supervisor ’s file, subject to the legitimate interest of individuals or undertakings in the protection of their personal data or business secrets. 6. Funds collected by imposition of fines in this Article shall contribute to the general budget of the Union. The fines shall not af fect the ef fective operation of the Union institution, body , office or agency fined. 7. The European Data Protection Supervisor shall, on an annual basis, notify the Commission of the administrative fines it has imposed pursuant to this Article and of any litigation or judicial proceedings it has initiated. Article 101 Fines for providers of general-purpose AI models 1. The Commission may impose on providers of general-purpose AI models fines not exceeding 3 % of their annual total worldwide turnover in the preceding financial year or EUR 15 000 000, whichever is higher ., when the Commission finds that the provider intentionally or negligently:2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 93/110 (a)infringed the relevant provisions of this Regulation; (b)failed to comply with a request for a document or for information pursuant to Article 91, or supplied incorrect, incomplete or misleading information; (c)failed to comply with a measure requested under Article 93; (d)failed to make available to the Commission access to the general-purpose AI model or general-purpose AI model with systemic risk with a view to conducting an evaluation pursuant to Article 92. In fixing the amount of the fine or periodic penalty payment, regard shall be had to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. The Commission shall also into account commitments made in accordance with Article 93(3) or made in relevant codes of practice in accordance with Article 56. 2. Before adopting the decision pursuant to paragraph 1, the Commission shall communicate its preliminary findings to the provider of the general-purpose AI model and give it an opportunity to be heard. 3. Fines imposed in accordance with this Article shall be ef fective, proportionate and dissuasive. 4. Information on fines imposed under this Article shall also be communicated to the Board as appropriate. 5. The Court of Justice of the Europe an Union shall have unlimited jurisdic tion to review decisions of the Commission fixing a fine under this Article. It may cancel, reduce or increase the fine imposed. 6. The Commission shall adopt implementing acts containing detailed arrangements and procedural safeguards for proceedings in view of the possible adoption of decisions pursuant to paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2). CHAPTER XIII FINAL PROVISIONS Article 102 Amendment to Regulation (EC) No 300/2008 In Article 4(3) of Regulation (EC) No 300/2008, the following subparagraph is added: ‘When adopting detailed measures related to technical specifications and procedures for approval and use of security equipment concerning Artificial Intelligence systems within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. Article 103 Amendment to Regulation (EU) No 167/2013 In Article 17(5) of Regulation (EU) No 167/2013, the following subparagraph is added: ‘When adopting delegated acts pursuant to the first subparagraph concerning artificial intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. Article 104 Amendment to Regulation (EU) No 168/2013 In Article 22(5) of Regulation (EU) No 168/2013, the following subparagraph is added: ‘When adopting delegated acts pursuant to the first subparagraph concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. Article 105 Amendment to Dir ective 2014/90/EU In Article 8 of Directive 2014/90/EU, the following paragraph is added: ‘5. For Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (*), when carrying out its activities pursuant to paragraph 1 and when adopting technical specifications and testing standards in accordance with paragraphs 2 and 3, the Commission shall take into account the requirements set out in Chapter III, Section 2, of that Regulation.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 94/110 Article 106 Amendment to Dir ective (EU) 2016/797 In Article 5 of Directive (EU) 2016/797, the following paragraph is added: ‘12. When adopting delegated acts pursuant to paragraph 1 and implementing acts pursuant to paragraph 11 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. Article 107 Amendment to Regulation (EU) 2018/858 In Article 5 of Regulation (EU) 2018/858 the following paragraph is added: ‘4. When adopting delegated acts pursuant to paragraph 3 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. Article 108 Amendments to Regulation (EU) 2018/1 139 Regulation (EU) 2018/1 139 is amended as follows: (1)in Article 17, the following paragraph is added: ‘3. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliam ent and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. (*) Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj).’;" (2)in Article 19, the following paragraph is added: ‘4. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’ ; (3)in Article 43, the following paragraph is added: ‘4. When adopting implementing acts pursuant to paragraph 1 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’ ; (4)in Article 47, the following paragraph is added: ‘3. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’ ; (5)in Article 57, the following subparagraph is added: ‘When adopting those implementing acts concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’ ; (6)in Article 58, the following paragraph is added: ‘3. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’. Article 109 Amendment to Regulation (EU) 2019/2144 In Article 1 1 of Regulation (EU) 2019/2144, the following paragraph is added: ‘3. When adopting the implementing acts pursuant to paragraph 2, concerning artificial intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 95/110 and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. Article 1 10 Amendment to Dir ective (EU) 2020/1828 In Annex I to Directive (EU) 2020/1828 of the European Parliament and of the Council (58), the following point is added: ‘(68) Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1 139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj ).’. Article 1 11 AI systems alr eady placed on the market or put into service and general-purpose AI models alr eady placed on the marked 1. Without prejudice to the application of Article 5 as referred to in Article 113(3), point (a), AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex X that have been placed on the market or put into service before 2 August 2027 shall be brought into compliance with this Regulation by 31 December 2030. The requirements laid down in this Regulation shall be taken into account in the evaluation of each large-scale IT system established by the legal acts listed in Annex X to be undertaken as provided for in those legal acts and where those legal acts are replaced or amended. 2. Without prejudice to the application of Article 5 as referred to in Article 113(3), point (a), this Regulation shall apply to operators of high-risk AI systems, other than the systems referred to in paragraph 1 of this Article, that have been placed on the market or put into service before 2 August 2026, only if, as from that date, those systems are subject to significant changes in their designs. In any case, the providers and deployers of high-risk AI systems intended to be used by public authorities shall take the necessary steps to comply with the requirements and obligations of this Regulation by 2 August 2030. 3. Providers of general-purpose AI models that have been placed on the market before 2 August 2025 shall take the necessary steps in order to comply with the obligations laid down in this Regulation by 2 August 2027. Article 1 12 Evaluation and r eview 1. The Commission shall assess the need for amendment of the list set out in Annex III and of the list of prohibited AI practices laid down in Article 5, once a year following the entry into force of this Regulation, and until the end of the period of the delegation of power laid down in Article 97. The Commission shall submit the findings of that assessment to the European Parliament and the Council. 2. By 2 August 2028 and every four years thereafter , the Commission shall evaluate and report to the European Parliament and to the Council on the following: (a)the need for amendments extending existing area headings or adding new area headings in Annex III; (b)amendments to the list of AI systems requiring additional transparency measures in Article 50; (c)amendments enhancing the ef fectiveness of the supervision and governance system. 3. By 2 August 2029 and every four years thereafter , the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The report shall include an assessment with regard to the structure of enforcement and the possible need for a Union agency to resolve any identified shortcomings. On the basis of the findings, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation. The reports shall be made public. 4. The reports referred to in paragraph 2 shall pay specific attention to the following: (a)the status of the financial, technical and human resources of the national competent authorities in order to effectively perform the tasks assigned to them under this Regulation; (b)the state of penalties, in particular administrative fines as referred to in Article 99(1), applied by Member States for infringements of this Regulation; (c)adopted harmonised standards and common specifications developed to support this Regulation; (d)the number of undertakings that enter the market after the entry into application of this Regulation, and how many of them are SMEs. 5. By 2 August 2028, the Commission shall evaluate the functioning of the AI Office, whether the AI Office has been given sufficient powers and competences to fulfil its tasks, and whether it would be relevant and2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 96/110 needed for the proper implementation and enforcement of this Regulation to upgrade the AI Office and its enforcement competences and to increase its resources. The Commission shall submit a report on its evaluation to the European Parliament and to the Council. 6. By 2 August 2028 and every four years thereafter , the Commission shall submit a report on the review of the progress on the development of standardisation deliverables on the energy-ef ficient development of general- purpose AI models, and asses the need for further measures or actions, including binding measures or actions. The report shall be submitted to the European Parliament and to the Council, and it shall be made public. 7. By 2 August 2028 and every three years thereafter , the Commission shall evaluate the impact and effectiveness of voluntary codes of cond uct to foster the application of the requirements set out in Chapter III, Section 2 for AI systems other than high-risk AI systems and possibly other additional requirements for AI systems other than high-risk AI systems, including as regards environmental sustainability . 8. For the purposes of paragraphs 1 to 7, the Board, the Member States and national competent authorities shall provide the Commission with information upon its request and without undue delay . 9. In carrying out the evaluations and reviews referred to in paragraphs 1 to 7, the Commission shall take into account the positions and findings of the Board, of the European Parliament, of the Council, and of other relevant bodies or sources. 10. The Commission shall, if necessary , submit appropriate proposals to amend this Regulation, in particular taking into account developments in technology , the effect of AI systems on health and safety , and on fundamental rights, and in light of the state of progress in the information society . 11. To guide the evaluations and reviews referred to in paragraphs 1 to 7 of this Article, the AI Office shall undertake to develop an objective and participative methodology for the evaluation of risk levels based on the criteria outlined in the relevant Articles and the inclusion of new systems in: (a)the list set out in Annex III, including the extension of existing area headings or the addition of new area headings in that Annex; (b)the list of prohibited practices set out in Article 5; and (c)the list of AI systems requiring additional transparency measures pursuant to Article 50. 12. Any amendment to this Regulation pursuant to paragraph 10, or relevant delegated or implementing acts, which concerns sectoral Union harmonisation legislation listed in Section B of Annex I shall take into account the regulatory specificities of each secto r, and the existing governance, conform ity assessment and enforcement mechanisms and authorities established therein. 13. By 2 August 2031, the Commission shall carry out an assessment of the enforcement of this Regulation and shall report on it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of this Regulation. On the basis of the findings, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of enforcement and the need for a Union agency to resolve any identified shortcomings. Article 1 13 Entry into for ce and application This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the Eur opean Union . It shall apply from 2 August 2026. However: (a)Chapters I and II shall apply from 2 February 2025; (b)Chapter III Section 4, Chapter V, Chapter VII and Chapter XII and Article 78 shall apply from 2 August 2025, with the exception of Article 101; (c)Article 6(1) and the corresponding obligations in this Regulation shall apply from 2 August 2027. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 June 2024. For the Eur opean Parliament The Pr esident R. METSOLA For the Council The Pr esident M. MICHEL (1) OJ C 517, 22.12.2021, p. 56. (2) OJ C 115, 11.3.2022, p. 5.2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 97/110 (3) OJ C 97, 28.2.2022, p. 60. (4) Position of the European Parliament of 13 March 2024 (not yet published in the Official Journal) and decision of the Council of 21 May 2024. (5) European Council, Special meeting of the European Council (1 and 2 October 2020) — Conclusions, EUCO 13/20, 2020, p. 6. (6) European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL). (7) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). (8) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82). (9) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1). (10) Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29). (11) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). (12) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). (13) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). (14) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). (15) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1). (16) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). (17) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). (18) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). (19) Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p. 164). (20) OJ C 247, 29.6.2022, p. 1. (21) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1). (22) Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176). (23) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24). (24) Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72). (25) Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). (26) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52). (27) Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146). (28) Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44). (29) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1). (30) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). (31) Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ L 325, 16.12.2019, p. 1). (32) Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 98/110 (33) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). (34) Regulation (EU) 2024/900 of the European parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (OJ L, 2024/900, 20.3.2024, ELI: http://data.europa.eu/eli/reg/2024/900/oj). (35) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107). (36) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.3.2014, p. 149). (37) Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 15). (38) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1). (39) Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29). (40) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92). (41) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). (42) Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1). (43) Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) (OJ L, 2023/2854, 22.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2854/oj). (44) Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). (45) Commission Decision of 24.1.2024 establishing the European Artificial Intelligence Office C(2024) 390. (46) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). (47) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66). (48) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). (49) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). (50) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). (51) Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19). (52) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63). (53) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1). (54) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17). (55) OJ L 123, 12.5.2016, p. 1. (56) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). (57) Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1). (58) Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1). ANNEX I List of Union harmonisation legislation Section A. List of Union harmonisation legislation based on the New Legislative Framework 1.Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery , and amending Directive 95/16/EC ( OJ L 157, 9.6.2006, p. 24 ); 2.Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys ( OJ L 170, 30.6.2009, p. 1 ); 3.Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC ( OJ L 354, 28.12.2013, p. 90 );2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 99/110 4.Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts ( OJ L 96, 29.3.2014, p. 251 ); 5.Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres ( OJ L 96, 29.3.2014, p. 309 ); 6.Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC ( OJ L 153, 22.5.2014, p. 62 ); 7.Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment ( OJ L 189, 27.6.2014, p. 164 ); 8.Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC ( OJ L 81, 31.3.2016, p. 1 ); 9.Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC ( OJ L 81, 31.3.2016, p. 51 ); 10.Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC ( OJ L 81, 31.3.2016, p. 99 ); 11.Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC ( OJ L 117, 5.5.2017, p. 1); 12.Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitr o diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176 ). Section B. List of other Union harmonisation legislation 13.Regulation (EC) No 300/2008 of the European Parliament and of the Council of 1 1 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 ( OJ L 97, 9.4.2008, p. 72 ); 14.Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles ( OJ L 60, 2.3.2013, p. 52 ); 15.Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles ( OJ L 60, 2.3.2013, p. 1 ); 16.Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC ( OJ L 257, 28.8.2014, p. 146 ); 17.Directive (EU) 2016/797 of the European Parliament and of the Council of 1 1 May 2016 on the interoperability of the rail system within the European Union ( OJ L 138, 26.5.2016, p. 44 ); 18.Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC ( OJ L 151, 14.6.2018, p. 1 ); 19.Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/201 1, (EU) No 109/201 1, (EU) No 458/201 1, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 ( OJ L 325, 16.12.2019, p. 1 ); 20.Regulation (EU) 2018/1 139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency , and amending Regulations (EC) No 21 11/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ( OJ L 212, 22.8.2018, p. 1 ), in so far as the design, production and placing on the market of aircrafts referred to in Article 2(1), points (a) and (b) thereof, where it concerns unmanned aircraft and their engines, propellers, parts and equipment to control them remotely , are concerned. ANNEX II2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 100/110 List of criminal offences r eferr ed to in Article 5(1), first subparagraph, point (h)(iii) Criminal of fences referred to in Article 5(1), first subparagraph, point (h)(iii): —terrorism, —trafficking in human beings, —sexual exploitation of children, and child pornography , —illicit traf ficking in narcotic drugs or psychotropic substances, —illicit traf ficking in weapons, munitions or explosives, —murder , grievous bodily injury , —illicit trade in human or gans or tissue, —illicit traf ficking in nuclear or radioactive materials, —kidnapping, illegal restraint or hostage-taking, —crimes within the jurisdiction of the International Criminal Court, —unlawful seizure of aircraft or ships, —rape, —environmental crime, —organised or armed robbery , —sabotage, —participation in a criminal or ganisation involved in one or more of the of fences listed above. ANNEX III High-risk AI systems r eferr ed to in Article 6(2) High-risk AI systems pursuant to Article 6(2) are the AI systems listed in any of the following areas: 1.Biometrics, in so far as their use is permitted under relevant Union or national law: (a)remote biometric identification systems. This shall not include AI systems intended to be used for biometric verification the sole purpose of which is to confirm that a specific natural person is the person he or she claims to be; (b)AI systems intended to be used for biometric categorisation, according to sensitive or protected attributes or characteristics based on the inference of those attributes or characteristics; (c)AI systems intended to be used for emotion recognition. 2.Critical infrastructure: AI systems intended to be used as safety components in the management and operation of critical digital infrastructure, road traf fic, or in the supply of water , gas, heating or electricity . 3.Education and vocational training: (a)AI systems intended to be used to determine access or admission or to assign natural persons to educational and vocational training institutions at all levels; (b)AI systems intended to be used to evaluate learning outcomes, including when those outcomes are used to steer the learning process of natural persons in educational and vocational training institutions at all levels; (c)AI systems intended to be used for the purpose of assessing the appropriate level of education that an individual will receive or will be able to access, in the context of or within educ ational and vocational training institutions at all levels; (d)AI systems intended to be used for monitoring and detecting prohibited behaviour of students during tests in the context of or within educational and vocational training institutions at all levels. 4.Employment, workers’ management and access to self-employment: (a)AI systems intended to be used for the recruitment or selection of natural persons, in particular to place targeted job advertisements, to analyse and filter job applications, and to evaluate candidates; (b)AI systems intended to be used to make decisions affecting terms of work-related relationships, the promotion or termination of work-related contractual relationships, to allocate tasks based on individual behaviour or personal traits or characteristics or to monitor and evaluate the performance and behaviour of persons in such relationships. 5.Access to and enjoyment of essential private services and essential public services and benefits: (a)AI systems intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for essential public assistance benefits and services, including healthcare services, as well as to grant, reduce, revoke, or reclaim such benefits and services;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 101/110 (b)AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems used for the purpose of detecting financial fraud; (c)AI systems intended to be used for risk assessment and pricing in relation to natural persons in the case of life and health insurance; (d)AI systems intended to evaluate and classify emer gency calls by natural persons or to be used to dispatch, or to establish priority in the dispatching of, emer gency first response services, including by police, firefighters and medical aid, as well as of emer gency healthcare patient triage systems. 6.Law enforcement, in so far as their use is permitted under relevant Union or national law: (a)AI systems intended to be used by or on behalf of law enforcement authorities, or by Union institutions, bodies, offices or agencies in support of law enforcement authorities or on their behalf to assess the risk of a natural person becoming the victim of criminal of fences; (b)AI systems intended to be used by or on behalf of law enforcement authorities or by Union institutions, bodies, offices or agencies in support of law enforcement authorities as polygraphs or similar tools; (c)AI systems intended to be used by or on behalf of law enforcement authorities, or by Union institutions, bodies, offices or agencies, in support of law enforcement authorities to evaluate the reliability of evidence in the course of the investigation or prosecution of criminal of fences; (d)AI systems intended to be used by law enforcement authorities or on their behalf or by Union institutions, bodies, offices or agencies in support of law enforcement authorities for assessing the risk of a natural person offending or re-of fending not solely on the basis of the profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680, or to assess personality traits and characteristics or past criminal behaviour of natural persons or groups; (e)AI systems intended to be used by or on behalf of law enforcement authorities or by Union institutions, bodies, offices or agencies in support of law enforcement authorit ies for the profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of the detection, investigation or prosecution of criminal of fences. 7.Migration, asylum and border control management, in so far as their use is permitted under relevant Union or national law: (a)AI systems intended to be used by or on behalf of competent public authorities or by Union institutions, bodies, of fices or agencies as polygraphs or similar tools; (b)AI systems intended to be used by or on behalf of competent public authorities or by Union institutions, bodies, offices or agencies to assess a risk, including a security risk, a risk of irregular migration, or a health risk, posed by a natural person who intends to enter or who has entered into the territory of a Member State; (c)AI systems intended to be used by or on behalf of competent public authorities or by Union institutions, bodies, offices or agencies to assist competent public authorities for the examination of applications for asylum, visa or residen ce permits and for associated complai nts with regard to the eligibility of the natural persons applying for a status, including related assessments of the reliability of evidence; (d)AI systems intended to be used by or on behalf of competent public authorities, or by Union institutions, bodies, offices or agencies, in the context of migration, asylum or border control management, for the purpose of detecting, recognising or identifying natural persons, with the exception of the verification of travel documents. 8.Administration of justice and democratic processes: (a)AI systems intended to be used by a judicial authority or on their behalf to assist a judicial authority in researching and interpreting facts and the law and in applying the law to a concrete set of facts, or to be used in a similar way in alternative dispute resolution; (b)AI systems intended to be used for influencing the outcome of an election or referendum or the voting behaviour of natural persons in the exercise of their vote in elections or referenda. This does not include AI systems to the output of which natural persons are not directly exposed, such as tools used to organise, optimise or structure political campaigns from an administrative or logistical point of view . ANNEX IV Technical documentation r eferr ed to in Article 1 1(1) The technical documentation referred to in Article 11(1) shall contain at least the following information, as applicable to the relevant AI system: 1.A general description of the AI system including:2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 102/110 (a)its intended purpose, the name of the provider and the version of the system reflecting its relation to previous versions; (b)how the AI system interacts with, or can be used to interact with, hardware or software, including with other AI systems, that are not part of the AI system itself, where applicable; (c)the versions of relevant software or firmware, and any requirements related to version updates; (d)the description of all the forms in which the AI system is placed on the market or put into service, such as software packages embedded into hardware, downloads, or APIs; (e)the description of the hardware on which the AI system is intended to run; (f)where the AI system is a component of products, photographs or illustrations showing external features, the marking and internal layout of those products; (g)a basic description of the user -interface provided to the deployer; (h)instructions for use for the deployer , and a basic description of the user-interface provided to the deployer , where applicable; 2.A detailed description of the elements of the AI system and of the process for its development, including: (a)the methods and steps performed for the development of the AI system, including, where relevant, recourse to pre-trained systems or tools provided by third parties and how those were used, integrated or modified by the provider; (b)the design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, including with regard to persons or groups of persons in respect of who, the system is intended to be used; the main classification choices; what the system is designed to optimise for, and the relevance of the different parameters; the description of the expect ed output and output quality of the system; the decisions about any possible trade-of f made regarding the technical solutions adopted to comply with the requirements set out in Chapter III, Section 2; (c)the description of the system architectu re explaining how software components build on or feed into each other and integrate into the overall processing; the computational resources used to develop, train, test and validate the AI system; (d)where relevant, the data requirements in terms of datasheets describing the training methodologies and techniques and the training data sets used, including a general description of these data sets, information about their provenance, scope and main characteristics; how the data was obtained and selected; labelling procedures (e.g. for supervised learning), data cleaning methodologies (e.g. outliers detection); (e)assessment of the human oversight measures needed in accordance with Article 14, including an assessment of the technical measures needed to facilitate the interpretation of the outputs of AI systems by the deployers, in accordance with Article 13(3), point (d); (f)where applicable, a detailed description of pre-determined changes to the AI system and its performance, together with all the relevant information related to the technical solutions adopted to ensure continuous compliance of the AI system with the relevant requirements set out in Chapter III, Section 2; (g)the validation and testing procedures used, including information about the validation and testing data used and their main characteristics; metrics used to measure accuracy , robustnes s and compliance with other relevant requirements set out in Chapter III, Section 2, as well as potentially discriminatory impacts; test logs and all test reports dated and signed by the responsible persons, including with regard to pre-determined changes as referred to under point (f); (h)cybersecurity measures put in place; 3.Detailed information about the monitoring, functioning and control of the AI system, in particular with regard to: its capabilities and limitations in performance, including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to health and safety , fundamental rights and discrimination in view of the intended purpose of the AI system; the human oversight measures needed in accordance with Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the deployers; specifications on input data, as appropriate; 4.A description of the appropriateness of the performance metrics for the specific AI system; 5.A detailed description of the risk management system in accordance with Article 9; 6.A description of relevant changes made by the provider to the system through its lifecycle; 7.A list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union ; where no such harmonised standards have been applied,2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 103/110 a detailed description of the solutions adopted to meet the requirements set out in Chapter III, Section 2, including a list of other relevant standards and technical specifications applied; 8.A copy of the EU declaration of conformity referred to in Article 47; 9.A detailed description of the system in place to evaluate the AI system performance in the post-market phase in accordance with Article 72, including the post-market monitoring plan referred to in Article 72(3). ANNEX V EU declaration of conformity The EU declaration of conformity referred to in Article 47, shall contain all of the following information: 1.AI system name and type and any additional unambiguous reference allowing the identification and traceability of the AI system; 2.The name and address of the provider or , where applicable, of their authorised representative; 3.A statement that the EU declaration of conformity referred to in Article 47 is issued under the sole responsibility of the provider; 4.A statement that the AI system is in conformity with this Regulation and, if applicable, with any other relevant Union law that provides for the issuing of the EU declaration of conformity referred to in Article 47; 5.Where an AI system involves the processing of personal data, a statement that that AI system complies with Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680; 6.References to any relevant harmonised standards used or any other common specification in relation to which conformity is declared; 7.Where applicable, the name and identification number of the notified body , a description of the conformity assessment procedure performed, and identification of the certificate issued; 8.The place and date of issue of the declaration, the name and function of the person who signed it, as well as an indication for , or on behalf of whom, that person signed, a signature. ANNEX VI Conformity assessment pr ocedur e based on internal contr ol 1. The conformity assessment procedure based on internal control is the conformity assessment procedure based on points 2, 3 and 4. 2. The provider verifies that the established quality management system is in compliance with the requirements of Article 17. 3. The provider examines the information contained in the technical documentation in order to assess the compliance of the AI system with the relevant essential requirements set out in Chapter III, Section 2. 4. The provider also verifies that the design and development process of the AI system and its post-market monitoring as referred to in Article 72 is consistent with the technical documentation. ANNEX VII Conformity based on an assessment of the quality management system and an assessment of the technical documentation 1. Intr oduction Conformity based on an assessment of the quality management system and an assessment of the technical documentation is the conformity assessment procedure based on points 2 to 5. 2. Overview The approved quality management system for the design, development and testing of AI systems pursuant to Article 17 shall be examined in accordance with point 3 and shall be subject to surveillance as specified in point 5. The technical documentation of the AI system shall be examined in accordance with point 4. 3. Quality management system 3.1.The application of the provider shall include: (a)the name and address of the provider and, if the application is lodged by an authorised representative, also their name and address; (b)the list of AI systems covered under the same quality management system;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 104/110 (c)the technical documentation for each AI system covered under the same quality management system; (d)the documentation concerning the quality management system which shall cover all the aspects listed under Article 17; (e)a description of the procedures in place to ensure that the quality management system remains adequate and ef fective; (f)a written declaration that the same application has not been lodged with any other notified body . 3.2.The quality management system shall be assessed by the notified body , which shall determine whether it satisfies the requirements referred to in Article 17. The decision shall be notified to the provider or its authorised representative. The notification shall contain the conclusions of the assessment of the quality management system and the reasoned assessment decision. 3.3.The quality management system as approved shall continue to be implemented and maintained by the provider so that it remains adequate and ef ficient. 3.4.Any intended change to the approved quality management system or the list of AI systems covered by the latter shall be brought to the attention of the notified body by the provider . The proposed changes shall be examined by the notified body , which shall decide whether the modified quality management system continues to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary . The notified body shall notify the provider of its decision. The notificat ion shall contain the conclusions of the examination of the changes and the reasoned assessment decision. 4. Contr ol of the technical documentation. 4.1.In addition to the application referred to in point 3, an application with a notified body of their choice shall be lodged by the provider for the assessment of the technical documentation relating to the AI system which the provider intends to place on the market or put into service and which is covered by the quality management system referred to under point 3. 4.2.The application shall include: (a)the name and address of the provider; (b)a written declaration that the same application has not been lodged with any other notified body; (c)the technical documentation referred to in Annex IV . 4.3.The technical documentation shall be examined by the notified body . Where relevant, and limited to what is necessary to fulfil its tasks, the notified body shall be granted full access to the training, validation, and testing data sets used, including, where appropriate and subject to security safeguards, through API or other relevant technical means and tools enabling remote access. 4.4.In examining the technical documentation, the notified body may require that the provider supply further evidence or carry out further tests so as to enable a proper assessment of the conformity of the AI system with the requirements set out in Chapter III, Section 2. Where the notified body is not satisfied with the tests carried out by the provider , the notified body shall itself directly carry out adequate tests, as appropriate. 4.5.Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Chapter III, Section 2, after all other reasonable means to verify conformity have been exhausted and have proven to be insuf ficient, and upon a reasoned request, the notified body shall also be granted access to the training and trained models of the AI system, including its relevant parameters. Such access shall be subject to existing Union law on the protection of intellectual property and trade secrets. 4.6.The decision of the notified body shall be notified to the provider or its authorised representative. The notification shall contain the conclusions of the assessment of the technical documentation and the reasoned assessment decision. Where the AI system is in conformity with the requirements set out in Chapter III, Section 2, the notified body shall issue a Union technical documentation assessment certificate. The certificate shall indicate the name and address of the provider , the conclusions of the examination, the conditions (if any) for its validity and the data necessary for the identification of the AI system. The certificate and its annexes shall contain all relevant information to allow the conformity of the AI system to be evaluated, and to allow for control of the AI system while in use, where applicable. Where the AI system is not in conformity with the requirements set out in Chapter III, Section 2, the notified body shall refuse to issue a Union technical documentation assessme nt certificate and shall inform the applicant accordingly , giving detailed reasons for its refusal. Where the AI system does not meet the requirement relating to the data used to train it, re-training of the AI system will be needed prior to the application for a new conformity assessment. In this case, the2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 105/110 reasoned assessment decision of the notified body refusing to issue the Union technical documentation assessment certificate shall contain specific considerations on the quality data used to train the AI system, in particular on the reasons for non-compliance. 4.7.Any change to the AI system that could af fect the compliance of the AI system with the requirements or its intended purpose shall be assessed by the notified body which issued the Union technical documentation assessment certificate. The provider shall inform such notified body of its intention to introduce any of the abovementioned changes, or if it otherwise becomes aware of the occurrence of such changes. The intended changes shall be assessed by the notified body , which shall decide whether those changes require a new conformity assessment in accordance with Article 43(4) or whether they could be addressed by means of a supplement to the Union technical documentation assessment certificate. In the latter case, the notified body shall assess the changes, notify the provider of its decision and, where the changes are approved, issue to the provider a supplement to the Union technical documentation assessment certificate. 5. Surveillance of the appr oved quality management system. 5.1.The purpose of the surveillance carried out by the notified body referred to in Point 3 is to make sure that the provider duly complies with the terms and conditions of the approved quality management system. 5.2.For assessment purposes, the provider shall allow the notified body to access the premises where the design, development, testing of the AI systems is taking place. The provider shall further share with the notified body all necessary information. 5.3.The notified body shall carry out periodic audits to make sure that the provider maintains and applies the quality management system and shall provide the provider with an audit report. In the context of those audits, the notified body may carry out additional tests of the AI systems for which a Union technical documentation assessment certificate was issued. ANNEX VIII Information to be submitted upon the r egistration of high-risk AI systems in accordance with Article 49 Section A — Information to be submitted by providers of high-risk AI systems in accordance with Article 49(1) The following information shall be provided and thereafter kept up to date with regard to high-risk AI systems to be registered in accordance with Article 49(1): 1.The name, address and contact details of the provider; 2.Where submission of information is carried out by another person on behalf of the provider , the name, address and contact details of that person; 3.The name, address and contact details of the authorised representative, where applicable; 4.The AI system trade name and any additional unambiguous reference allowing the identification and traceability of the AI system; 5.A description of the intended purpose of the AI system and of the components and functions supported through this AI system; 6.A basic and concise description of the information used by the system (data, inputs) and its operating logic; 7.The status of the AI system (on the market, or in service; no longer placed on the market/in service, recalled); 8.The type, number and expiry date of the certificate issued by the notified body and the name or identification number of that notified body , where applicable; 9.A scanned copy of the certificate referred to in point 8, where applicable; 10.Any Member States in which the AI system has been placed on the market, put into service or made available in the Union; 11.A copy of the EU declaration of conformity referred to in Article 47; 12.Electronic instructions for use; this information shall not be provided for high-risk AI systems in the areas of law enforcement or migration, asylum and border control management referred to in Annex III, points 1, 6 and 7; 13.A URL for additional information (optional). Section B — Information to be submitted by providers of high-risk AI systems in accordance with Article 49(2) The following information shall be provided and thereafter kept up to date with regard to AI systems to be registered in accordance with Article 49(2): 1.The name, address and contact details of the provider;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 106/110 2.Where submission of information is carried out by another person on behalf of the provider , the name, address and contact details of that person; 3.The name, address and contact details of the authorised representative, where applicable; 4.The AI system trade name and any additional unambiguous reference allowing the identification and traceability of the AI system; 5.A description of the intended purpose of the AI system; 6.The condition or conditions under Article 6(3)based on which the AI system is considered to be not-high- risk; 7.A short summary of the grounds on which the AI system is considered to be not-high-risk in application of the procedure under Article 6(3); 8.The status of the AI system (on the market, or in service; no longer placed on the market/in service, recalled); 9.Any Member States in which the AI system has been placed on the market, put into service or made available in the Union. Section C — Information to be submitted by deployers of high-risk AI systems in accordance with Article 49(3) The following information shall be provided and thereafter kept up to date with regard to high-risk AI systems to be registered in accordance with Article 49(3): 1.The name, address and contact details of the deployer; 2.The name, address and contact details of the person submitting information on behalf of the deployer; 3.The URL of the entry of the AI system in the EU database by its provider; 4.A summary of the findings of the fundamental rights impact assessment conducted in accordance with Article 27; 5.A summary of the data protection impact assessment carried out in accordance with Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680 as specified in Article 26(8) of this Regulation, where applicable. ANNEX IX Information to be submitted upon the r egistration of high-risk AI systems listed in Annex III in r elation to testing in r eal world conditions in accordance with Article 60 The following information shall be provided and thereafter kept up to date with regard to testing in real world conditions to be registered in accordance with Article 60: 1.A Union-wide unique single identification number of the testing in real world conditions; 2.The name and contact details of the provider or prospective provider and of the deployers involved in the testing in real world conditions; 3.A brief description of the AI system, its intended purpose, and other information necessary for the identification of the system; 4.A summary of the main characteristics of the plan for testing in real world conditions; 5.Information on the suspension or termination of the testing in real world conditions. ANNEX X Union legislative acts on large-scale IT systems in the ar ea of Fr eedom, Security and Justice 1. Schengen Information System (a)Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1 ). (b)Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 ( OJ L 312, 7.12.2018, p. 14 ). (c)Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 107/110 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the Europe an Parliament and of the Council and Commission Decision 2010/261/EU ( OJ L 312, 7.12.2018, p. 56 ). 2. Visa Information System (a)Regulation (EU) 2021/1 133 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EU) No 603/2013, (EU) 2016/794, (EU) 2018/1862, (EU) 2019/ 816 and (EU) 2019/818 as regards the establishment of the conditio ns for accessing other EU information systems for the purposes of the Visa Information System ( OJ L 248, 13.7.2021, p. 1 ). (b)Regulation (EU) 2021/1 134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System ( OJ L 248, 13.7.2021, p. 1 1). 3. Eur odac Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comp arison of biometric data in order to effectively apply Regulations (EU) 2024/1315 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and statele ss persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj ). 4. Entry/Exit System Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/201 1 (OJ L 327, 9.12.2017, p. 20 ). 5. Eur opean Travel Information and Authorisation System (a)Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/201 1, (EU) No 515/2014 , (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1 ). (b)Regulation (EU) 2018/1241 of the European Parliament and of the Council of 12 September 2018 amending Regulation (EU) 2016/794 for the purpose of establishing a Europe an Travel Information and Authorisation System (ETIAS) ( OJ L 236, 19.9.2018, p. 72 ). 6. Eur opean Criminal Records Information System on third-country nationals and stateless persons Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identificati on of Member States holding convictio n information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 ( OJ L 135, 22.5.2019, p. 1 ). 7. Inter operability (a)Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27 ). (b)Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 ( OJ L 135, 22.5.2019, p. 85 ). ANNEX XI Technical documentation r eferr ed to in Article 53(1), point (a) — technical documentation for providers of general-purpose AI models Section 12/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 108/110 Information to be pr ovided by all pr oviders of general-purpose AI models The technical documentation referred to in Article 53(1), point (a) shall contain at least the following information as appropriate to the size and risk profile of the model: 1.A general description of the general-purpose AI model including: (a)the tasks that the model is intended to perform and the type and nature of AI systems in which it can be integrated; (b)the acceptable use policies applicable; (c)the date of release and methods of distribution; (d)the architecture and number of parameters; (e)the modality (e.g. text, image) and format of inputs and outputs; (f)the licence. 2.A detailed description of the elements of the model referred to in point 1, and relevant information of the process for the development, including the following elements: (a)the technical means (e.g. instructions of use, infrastructure, tools) required for the general-purpose AI model to be integrated in AI systems; (b)the design specifications of the model and training process, including traini ng methodologies and techniques, the key design choices including the rationale and assumptions made; what the model is designed to optimise for and the relevance of the dif ferent parameters, as applicable; (c)information on the data used for training, testing and validation, where applicable, including the type and provenance of data and curation methodologies (e.g. cleaning, filtering, etc.), the number of data points, their scope and main characteristics; how the data was obtained and selected as well as all other measures to detect the unsuitability of data sources and methods to detect identifiable biases, where applicable; (d)the computational resources used to train the model (e.g. number of floating point operations), training time, and other relevant details related to the training; (e)known or estimated ener gy consumption of the model. With regard to point (e), where the energy consumption of the model is unknown, the energy consumption may be based on information about computational resources used. Section 2 Additional information to be pr ovided by pr oviders of general-purpose AI models with systemic risk 1.A detailed description of the evaluation strategies, including evaluation results, on the basis of available public evaluation protocols and tools or otherwise of other evaluation methodologies. Evaluation strategies shall include evaluation criteria, metrics and the methodology on the identification of limitations. 2.Where applicable, a detailed description of the measures put in place for the purpose of conducting internal and/or external adversarial testing (e.g. red teaming), model adaptations, including alignment and fine-tuning. 3.Where applicable, a detailed description of the system architecture explaining how software components build or feed into each other and integrate into the overall processing. ANNEX XII Transpar ency information r eferr ed to in Article 53(1), point (b) — technical documentation for providers of general-purpose AI models to downstr eam pr oviders that integrate the model into their AI system The information referred to in Article 53(1), point (b) shall contain at least the following: 1.A general description of the general-purpose AI model including: (a)the tasks that the model is intended to perform and the type and nature of AI systems into which it can be integrated; (b)the acceptable use policies applicable; (c)the date of release and methods of distribution; (d)how the model interacts, or can be used to interact, with hardware or software that is not part of the model itself, where applicable; (e)the versions of relevant software related to the use of the general-purpose AI model, where applicable; (f)the architecture and number of parameters; (g)the modality (e.g. text, image) and format of inputs and outputs;2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 109/110 (h)the licence for the model. 2.A description of the elements of the model and of the process for its development, including: (a)the technical means (e.g. instructions for use, infrastructure, tools) required for the general-purpose AI model to be integrated into AI systems; (b)the modality (e.g. text, image, etc.) and format of the inputs and outputs and their maximum size (e.g. context window length, etc.); (c)information on the data used for training, testing and validation, where applicable, including the type and provenance of data and curation methodologies. ANNEX XIII Criteria for the designation of general-purpose AI models with systemic risk r eferr ed to in Article 51 For the purpose of determining that a general-purpose AI model has capabilities or an impact equivalent to those set out in Article 51(1), point (a), the Commission shall take into account the following criteria: (a)the number of parameters of the model; (b)the quality or size of the data set, for example measured through tokens; (c)the amount of computation used for training the model, measured in floating point operations or indicated by a combination of other variables such as estimated cost of training, estimated time required for the training, or estimated ener gy consumption for the training; (d)the input and output modalities of the model, such as text to text (large langua ge models), text to image, multi-modality , and the state of the art thresholds for determining high-impact capabilities for each modality , and the specific type of inputs and outputs (e.g. biological sequences); (e)the benchmarks and evaluations of capabilities of the model, including consid ering the number of tasks without additional training, adaptability to learn new, distinct tasks, its level of autonomy and scalability , the tools it has access to; (f)whether it has a high impact on the internal market due to its reach, which shall be presumed when it has been made available to at least 10 000 registered business users established in the Union; (g)the number of registered end-users. ELI: http://data.europa.eu/eli/reg/2024/1689/oj ISSN 1977-0677 (electronic edition)2/20/25, 8:13 PM L_202401689EN.000101.fmx.xml https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401689 110/110
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1 Canada’s Proposed Artificial Intelligence and Data Act (AIDA): A Critical Review Derek Brown JD Candidate Seattle University School of Law July 24th, 2023 ABSTRACT This research paper provides an in-depth examination of the forthcoming Canadian Artificial Intelligence and Data Act (AIDA), emphasizing its likely implications for the growth of AI. The study reveals pervasive ambiguity within the Act's clauses, thereby complicating its interpretation and enforcement. This ambiguity presents particular risks for researchers, small businesses, and private individuals who, due to the unclear definitions of risk and harm, could potentially incur substantial penalties or imprisonment. Furthermore, the absence of explicit definitions and standards potentially empowers Innovation, Science, and Economic Development Canada (ISED) to institute and enforce broad AI regulations without a transparent public deliberation or approval mechanism. The paper proposes a series of solutions for policymakers to mitigate these issues, concluding that rectifying the detected ambiguities and establishing an efficient regulatory infrastructure is essential to maintain a healthy equilibrium between effective oversight and the promotion of innovation within the AI landscape. 1. INTRODUCTION In June 2022, the Canadian federal government proposed the Artificial Intelligence and Data Act (AIDA) as part of Bill C-27. AIDA seeks to create Canada’s first non-sectoral AI regulations, Electronic copy available at: https://ssrn.com/abstract=4687995 2 updating and supplementing general-purpose privacy protections and sectoral AI regulations.1 AIDA would introduce measures to improve AI transparency, mitigate the risks of algorithmic bias, and require risk analysis and reporting, as well as establish criminal penalties for violating these measures. As of June 2023, the bill is currently under consideration by the Standing Committee on Industry and Technology. Given the rapidly growing use of AI systems in a variety of contexts, it is crucial to examine the potential implications and societal impact that may arise from its implementation. (a) Existing AI and Data Regulations Canada’s primary data regulation is the Personal Information Protection and Electronics Documents Act (PIPEDA).2 PIPEDA regulates commercial entities’ use of personal data including names, addresses, phone numbers, email addresses, financial information, and social insurance numbers. PIPEDA also encompasses less obvious forms of personal information, such as opinions, preferences, and transaction histories. Under PIPEDA, individuals have several rights concerning their data. They have the right to know why their information is being collected, how it will be used, and to whom it may be disclosed. Individuals also have the right to access their personal information held by an organization, request corrections if it is inaccurate or incomplete, and withdraw consent for its collection, use, or disclosure. PIPEDA grants individuals the right to file complaints with the Privacy Commissioner of Canada if they believe an organization has violated their privacy rights and provides recourse in cases of non-compliance. Canada has adopted standards for the development of AI systems for use by government agencies. In 2019, the Treasury Board issued the Directive on Automated Decision-Making (DADM), which outlines the requirements for federal institutions in Canada when deploying automated decision systems.3 DADM requires developers to conduct an algorithmic impact 1Lisa R Lifshitz, Canada’s First AI Act Proposed (July 2022), online: American Bar Association Business Law Section <https://www.americanbar.org/groups/business_law/resources/business-law-today/2022-july/canada-s-first-ai-act-proposed/> [https://perma.cc/593G-PRBC] 2 Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (Can) 3 Treasury Board of Canada, Directive on Automated Decision-Making (April 2023), online: <https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32592> [https://perma.cc/LVB2-6MA7] Electronic copy available at: https://ssrn.com/abstract=4687995 3 assessment (AIA); an online questionnaire used to identify the risks of a particular automated system. Depending on the outcome of the AIA, the DADM requires different degrees of transparency and consent, outcome and bias monitoring, data governance controls, training, and other legal requirements. Notably, DADM requires that federal software systems give clients a recourse mechanism to review automated decisions. Non-compliance with the DADM may result in consequences as determined by the Treasury Board of Canada Secretariat. Canada additionally has sectoral regulations and directives that potentially limit how companies may use AI. For example, Health Canada jointly issued “Good Machine Learning Practice for Medical Device Development: Guiding Principles” together with the US Food and Drug Administration (FDA), which outlines basic best practices for using ML models, such as maintaining distinct training and test sets and evaluating potential bias in datasets.4 While these sorts of regulations don’t have the direct force of law, they could easily be leveraged in an administrative action (eg. Office of the Privacy Commissioner of Canada or Canadian Human Rights Commission) to argue that a corporation did not exercise reasonable care. (b) Intent of the AIDA The rapid adoption of AI technologies into decision systems poses novel risks that are not addressed by PIPEDA or other data protection regulations: (i) Data Subject Rights Since AI training data is considered anonymized, it is not covered by PIPEDA. However, even anonymized data carries some risk of de-anonymization, especially when fed into a complex AI model. To mitigate these risks, users should have a right to understand what purpose their data is being used for and control the use of their data. (ii) Transparency 4 Health Canada, Good Machine Learning Practice for Medical Device Development: Guiding Principles (October 2021), online: <https://www.canada.ca/en/health-canada/services/drugs-health-products/medical-devices/good-machine-learning-practice-medical-device-development.html> [https://perma.cc/LS4U-4ZSJ] Electronic copy available at: https://ssrn.com/abstract=4687995 4 Since AI systems can be non-deterministic (and potentially prone to errors), users may wish to scrutinize decisions made by AI systems. Users, therefore, need to be aware of when AI is used to make high-impact decisions. (iii) Algorithmic Bias One risk of AI systems is that they may produce biased outcomes, either because the training data is itself biased or because of poor model design. Entities using AI systems to guide decisions need to carefully monitor and test their models to ensure that they are not producing biased outcomes. Data governance and intellectual property concerns AI systems often require a large dataset to adequately train, so developers sometimes turn to mass collection techniques (like scraping) to obtain data. Mass-collected datasets may contain copyrighted material or data where inadequate consent was obtained. Entities need to thoroughly track data governance in training their models. AIDA is intended to address several of these risks by imposing ex-ante requirements on entities using AI systems, as well as potential civil and criminal liability for knowingly causing harm using an AI system. In this paper, I evaluate AIDA’s effectiveness in mitigating these risks. 2. SCOPE OF THE AIDA (a) Regulated Activities To stay within the powers vested in the Canadian federal government, the AIDA specifically regulates the development and use of AI systems in trade or commerce: regulated activity means any of the following activities carried out in the course of international or interprovincial trade and commerce: (a) processing or making available for use any data relating to human activities for the purpose of designing, developing or using an artificial intelligence system; Electronic copy available at: https://ssrn.com/abstract=4687995 5 (b) designing, developing or making available for use an artificial intelligence system or managing its operations. (activité réglementée)5 Non-application This Act does not apply with respect to a government institution as defined in section 3 of the Privacy 15 Act.6 This definition has a few problems in terms of achieving the goals of the AIDA, as well as providing a clear definition of what activities the AIDA will cover: Concern 1: AIDA doesn’t cover government entities The AIDA exempts government entities, “such as federal departments … Crown corporations nor to any system used by the Department of National Defence, Canadian Security Intelligence Service (CSIS), the Communications Security Establishment (CSE), or any other person who is responsible for federal or provincial departments or agencies and “who is prescribed by regulation”7. Government entities potentially use AI in significant and potentially harmful ways, and therefore ought to be covered under the AIDA to minimize potential harms.8 Concern 2: Liability of data publishers is unclear The definition of regulated activity does not provide clear guidance on what it means to “make data available for the purpose of using an artificial intelligence system.” Depending on how this is interpreted, the AIDA might be over- or under-inclusive. Consider a data broker that publishes anonymized bulk data without explicitly labeling the data as being “for the purpose of developing an artificial intelligence system.” If this activity is taken to be outside the scope of AIDA, this creates a significant loophole for entities to avoid compliance. Conversely, if this activity is to be covered by AIDA, this creates an arbitrary bright-line standard for when a 5 C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 202, cl. 39(5) 6 C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 202, cl. 39(2). 7 Christelle Tessono, Yuan Stevens, Momin M. Malik, Sonja Solomun, Supriya Dwivedi, and Sam Andrey, AI Oversight, Accountability and Protecting Human Rights (November 2022), online: Cybersecure Policy Exchange <https://www.cybersecurepolicy.ca/aida> [https://perma.cc/F5KF-PVR5]. 8 Id. Electronic copy available at: https://ssrn.com/abstract=4687995 6 particular dataset becomes useful for developing an artificial intelligence system. To resolve this ambiguity, lawmakers should strike section (a) from the definition. The AIDA already holds entities operating AI systems (those covered under section (b)) accountable for the compliance of their training data. These entities, in turn, can hold data providers responsible through contractual means. This would make enforcement of the AIDA simpler since the AIDA would only cover data actually being used for the creation of an AI system. Concern 3: Liability of AI SaaS vendors is unclear Many entities, known as software-as-a-service (SaaS) vendors, offer tools that enable other entities to build AI systems more efficiently. These tools allow customers to import data, and design and develop their own AI models, running on servers operated by the SaaS vendor. Although the SaaS vendor operates these tools, they have a limited ability to control or assure the compliance of the resultant AI systems; in fact, many SaaS vendors provide encryption features that prevent them from being able to access their customer’s data and AI models.9 Under the current definition, SaaS vendors might fall under the purview of the regulation, as they aid in the design and development, and manage the operations of the AI system. This potentially places a burden on SaaS vendors, who primarily serve as facilitators in the AI development process and have little ability to enforce compliance with AIDA. Lawmakers can alleviate this potential burden by establishing a regulatory safe harbor for AI SaaS vendors on a system-by-system basis. The proposed safe harbor would provide legal protection and exemption to SaaS vendors who offer software tools or platforms enabling developers to build their own AI systems or models. Without the safe harbor rule, SaaS vendors would be required to make assurances on behalf of their customers, imposing additional 9 See generally: Kristin E. Lauter, Private AI: Machine Learning on Encrypted Data (2021) Cryptology ePrint Archive, online: <https://eprint.iacr.org/2021/324>. See also d'Aliberti et al, AWS Machine Learning Blog: Enable fully homomorphic encryption with Amazon SageMaker endpoints for secure, real-time inferencing (March 2023), online: AWS Machine Learning Blog <https://aws.amazon.com/blogs/machine-learning/enable-fully-homomorphic-encryption-with-amazon-sagemaker-endpoints-for-secure-real-time-inferencing/> [https://perma.cc/HXF2-VDD7]. Electronic copy available at: https://ssrn.com/abstract=4687995 7 roadblocks for entities wishing to access AI tooling, and therefore potentially excluding smaller entities from the AI marketplace. Concern 4: Liability of “off-the-shelf” AI customers is unclear Another significant concern stemming from the definition of regulated activities pertains to the potential liability of entities who purchase and operate “off-the-shelf” AI systems developed and provided by vendors. The inclusion of the phrase "makes available for use" or "manages its operation" in the definition implies that customers of “off-the-shelf” AI systems would be responsible for implementing AIDA controls and liable for AIDA violations, even though they may lack expertise or control over the AI systems’ source code. To help promote access to AI systems, lawmakers should establish a safe harbor for vendor-provided AI systems, instead of holding software vendors accountable when the customer operates the system according to the manufacturer’s instructions. Concern 5: Imposing liability on open-source projects may hinder innovation Software innovation is largely dependent on open-source projects, communities where developers work together to create tools and technologies free for public use. Open source has numerous benefits: it promotes the interoperability of software systems through the development of standards; democratizes access to technologies that ordinarily would only be accessible to large companies; and provides researchers the opportunity to analyze software for bias, security issues, and more. Promoting open-source development is thus crucial to ensuring that AI technologies are equitable and safe. The development of an AI system requires two ingredients; an AI model, which is a software application capable of learning from data, and a dataset the model can learn from. The developer of an AI system “trains” the model by running a set of expensive computations on the dataset, resulting in a trained model. The trained model is capable of performing generative tasks (like estimation, prediction, or content generation) at a minuscule fraction of the computational cost of the training process. Electronic copy available at: https://ssrn.com/abstract=4687995 8 According to an interpretation by Innovation, Science and Economic Development Canada, AIDA does not apply to the distribution of AI models, but does apply to the distribution of datasets and trained models: Would the AIDA impact access to open source software, or open access AI systems? An AI system generally requires a model, as well as the use of datasets to train the model to perform certain tasks. It is common for researchers to publish models or other tools as open source software, which can then be used by anyone to develop AI systems based on their own data and objectives. As these models alone do not constitute a complete AI system, the distribution of open source software would not be subject to obligations regarding "making available for use." However, these obligations would apply to a person making available for use a fully-functioning high-impact AI system, including if it was made available through open access.10 Given the decentralized nature of open-source communities, open-source projects will have a difficult time meeting the ex-ante requirements of AIDA. To avoid liability, projects will therefore cease publishing datasets and models. This would significantly detriment innovation, as datasets are difficult and time-consuming to produce, and training models requires significant computing power and expense. To encourage innovation and provide equitable access to the benefits of AI, lawmakers should consider creating a similar safe harbor for open-source projects. Open-source projects and open-access projects do not have the same risks as consumer-facing AI systems, since they are intended primarily to be used by developers in the development of other software systems. 10 Innovation, Science and Economic Development Canada, Artificial Intelligence and Data Act (AIDA) Companion Document (2023), online: ISED Canada <https://ised-isde.canada.ca/site/innovation-better-canada/en/artificial-intelligence-and-data-act-aida-companion-document> [https://perma.cc/UTD7-JZMD]. Electronic copy available at: https://ssrn.com/abstract=4687995 9 Developers using open-source projects in the production of consumer-facing applications should then be held accountable for ensuring the project meets AIDA requirements. (b) What constitutes an AI system? The AIDA applies to the operation of “artificial intelligence systems”: Artificial intelligence system means a technological system that, autonomously or partly autonomously, processes data related to human activities through the use of a genetic algorithm, a neural network, machine learning or another technique in order to generate content or make decisions, recommendations or predictions.11 Concern 1: AIDA isn’t technologically neutral As Tessono et al point out, the AIDA’s definition of an AI system is rooted in specific technologies.12 This definition is not future-proof, as new AI technologies and techniques may be introduced over time. Moreover, the listed technologies are highly abstract concepts, and therefore subject to interpretation. Because of these concerns, Tessono et al advocate for abandoning this definition in favor of one that is technologically neutral and future-proof.13 The risks that AIDA is trying to mitigate are not specific to the technology being used. For instance, human-programmed algorithms (which fall outside the current scope of AIDA) can be extremely complex, and therefore non-transparent, biased, and harmful. Instead of trying to tackle the difficult task of discriminating between AI and non-AI technologies, regulators should broaden the scope of the regulation to address all “automated decision systems,” which is defined in the related, Consumer Privacy Protection Act, as follows: automated decision system means any technology that assists or replaces the judgment of human decisionmakers through the use of a rules-based system, regression analysis, 11 C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 2022, cl. 39(2). 12 Christelle Tessono, Yuan Stevens, Momin M. Malik, Sonja Solomun, Supriya Dwivedi, and Sam Andrey, AI Oversight, Accountability and Protecting Human Rights (November 2022), online: Cybersecure Policy Exchange <https://www.cybersecurepolicy.ca/aida> [https://perma.cc/F5KF-PVR5]. 13 Id. Electronic copy available at: https://ssrn.com/abstract=4687995 10 predictive analytics, machine learning, deep learning, a neural network or other technique. (système décisionnel automatisé)14 By broadening the scope of regulation, AIDA can better accomplish its intent of protecting individual rights in the face of complex technological systems, and reduce unnecessary litigation around the definition of AI systems. (c) What constitutes a “high-impact” system? Many of the obligations in AIDA are scoped to the development of “high-impact” systems, which are defined as: high-impact system means an artificial intelligence system that meets the criteria for a high-impact system that are established in regulations. (système à incidence élevée) The categorization of systems based on risk level is reminiscent of the proposed EU AI Act (AIA), which divides systems into categories including “unacceptable risk”, “high risk”, “limited risk” and “minimal risk” depending on the usage category.15 Concern 1: Relies on regulatory discretion The definition of a “high-impact system” is left entirely to regulators. As discussed in Part 9, there are potential risks in conferring this broad authority to regulators. Concern 2: Proving a system is “low-impact” is intractable Classifying systems into “high” and “low” impact systems necessitates a determination of which systems pose a risk to individual rights. Given the opaque nature of models, most systems that process human data have the potential to contain bias. Even if the set of input data to a model is constrained to a set of seemingly unobjectionable parameters, the model may perpetuate existing biases. For example: 14Bill C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 2022 cl. 2(2). 15 European Commission Digital Strategy, Regulatory Framework on Artificial Intelligence (June 2023), online: <https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai> [https://perma.cc/GNW6-DCYL]. Electronic copy available at: https://ssrn.com/abstract=4687995 11 ● The Consumer Financial Protection Bureau has determined that geography and surname information is a sufficient proxy for ethnicity; implying that ML algorithms could “learn” racial bias from surname alone.16 ● An internal tool used by Amazon to evaluate resumes exhibited a bias against women, as it was trained on past sexist hiring decisions.17 Instead of drawing a rigid bright line between “high” and “low” impact systems in regulations, lawmakers should place the burden on the industry as a whole to determine the “proportionate” degree of care required for a particular type of system. This shift would ensure that all systems undergo a thorough risk assessment, and would give regulators flexibility to audit and enforce AIDA in cases where “low-impact” systems end up having a significant impact on individual rights. 3. RISK ASSESSMENT AND MONITORING Various provisions of the AIDA require that entities perform a risk assessment to determine the potential impacts of AI systems: Assessment — high-impact system 7 A person who is responsible for an artificial intelligence system must, in accordance with the regulations, assess whether it is a high-impact system. Measures related to risks 8 A person who is responsible for a high-impact system must, in accordance with the regulations, establish measures to identify, assess and mitigate the risks of harm or biased output that could result from the use of the system. 16 Consumer Financial Protection Bureau, Using Publicly Available Information to Proxy for Unidentified Race and Ethnicity, Research Reports (September 2023), online: <https://files.consumerfinance.gov/f/201409_cfpb_report_proxy-methodology.pdf> [https://perma.cc/V86A-V8XY]. 17 Jeffery Dastin, Amazon scraps secret AI recruiting tool that showed bias against women (October 2018), online: Reuters <https://www.reuters.com/article/us-amazon-com-jobs-automation-insight-idUSKCN1MK08G> [https://perma.cc/3FZ8-BV3W]. Electronic copy available at: https://ssrn.com/abstract=4687995 12 Monitoring of mitigation measures 9 A person who is responsible for a high-impact system must, in accordance with the regulations, establish measures to monitor compliance with the mitigation measures they are required to establish under section 8 and the effectiveness of those mitigation measures.18 Various other regulatory frameworks require that entities conduct a risk assessment before implementing an AI system. Under the EU AI Act, entities are required to conduct a Conformity Assessment, which looks at data governance, design, and development of a system.19 Canada has adopted a similar requirement for AI systems used by government agencies. Under the Directive on Automated Decision-Making (DADM), agencies must answer 85 questions, which determine the risk level and required controls before implementing an AI system.20 Concern: Lack of adequate specificity regarding risks evaluated In comparison to these other regulatory frameworks, AIDA provides little guidance regarding the required elements of a risk assessment. In the companion document to the AIDA, Innovation, Science, and Economic Development Canada (ISED) suggests only that organizations are required to consider: ● Evidence of risks of harm to health and safety, or a risk of adverse impact on human rights, based on both the intended purpose and potential unintended consequences; ● The severity of potential harms; ● The scale of use; ● The nature of harms or adverse impacts that have already taken place; 18 Bill C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 2022, cl. 39(7). 19 Emily Jones, Introduction to the Conformity Assessment under the Draft EU AI Act and How It Compares to DPIAs (August 2022), online: Future of Privacy Forum <https://fpf.org/blog/introduction-to-the-conformity-assessment-under-the-draft-eu-ai-act-and-how-it-compares-to-dpias/> [https://perma.cc/2MD4-UKDB]. 20 Treasury Board of Canada, Directive on Automated Decision-Making (April 2023), online: <https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32592> [https://perma.cc/LVB2-6MA7]. Electronic copy available at: https://ssrn.com/abstract=4687995 13 ● The extent to which for practical or legal reasons it is not reasonably possible to opt out from that system; ● Imbalances of economic or social circumstances, or the age of impacted persons; and The degree to which the risks are adequately regulated under another law.21 By contrast, EU and US regulations have a set of clear statutory requirements for conducting risk assessments. Proposed US regulations reference the NIST AI Risk Management Framework,22 a 36-page framework outlining: ● What stages of development an AI should go through, and who should be included in each step of the process. ● A list of common risks, and how to think through measuring and mitigating these risks. ● A playbook of measures to take to ensure compliance with the framework, along with examples and additional resources for implementation.23 Canada’s guidelines for government use of AI under the Direction on Automated Decision Making (DADM) are also much more specific and concrete than the proposed AIDA. The DADM provides an Algorithmic Impact Assessment (AIA) questionnaire and guidelines based on the determined risk level. Although administrators could promulgate more specific regulations regarding risk assessment in their authority under the AIDA, there are significant advantages to codifying requirements in statute. Administrative processes do not allow for the same level of public input as the legislative process does, denying peoples’ right to contribute to the development of AI regulations.24 Moreover, the development of a risk assessment framework likely requires the support of standards organizations, including adequate staffing and funding to develop policy frameworks, 21 Government of Canada. Innovation, Science and Economic Development Canada, Artificial Intelligence and Data Act (AIDA) Companion Document (2023). 22 National Institute of Standards and Technology, AI Risk Management Framework (2022). 23 National Institute of Standards and Technology, NIST AI RMF Playbook (2023). 24 Scassa, Regulating AI in Canada: A Critical Look at the Proposed Artificial Intelligence and Data Act, 101 Can. B. Rev. 1 (2023). Electronic copy available at: https://ssrn.com/abstract=4687995 14 which is best accomplished through a legislative process.25 These concerns are discussed further in Part 9. 4. DATA GOVERNANCE The AIDA requires that entities implement processes to manage the anonymization and use of anonymized data: Anonymized data 6 A person who carries out any regulated activity and who processes or makes available for use anonymized data in the course of that activity must, in accordance with the regulations, establish measures with respect to (a) the manner in which data is anonymized; and (b) the use or management of anonymized data 26 Furthermore, AIDA establishes criminal liability for those who use illegally obtained information in the development of an AI system: Possession or use of personal information 38 Every person commits an offence if, for the purpose of designing, developing, using or making available for use an artificial intelligence system, the person possesses — within the meaning of subsection 4(3) of the Criminal Code — or uses personal information, knowing or believing that the information is obtained or derived, directly or indirectly, as a result of (a) the commission in Canada of an offence under an Act of Parliament or a provincial legislature; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted such an offence.27 25 Id. 26 Bill C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 202, cl. 39(6). 27 Id at cl. 39(38). Electronic copy available at: https://ssrn.com/abstract=4687995 15 Concern 1: Required measures are vague The language of the statute is extremely vague; requiring only “measures with respect to the manner in which data is anonymized.” As discussed further in Part 9, a lack of clear regulatory authority and guidance reduces the legitimacy and efficacy of the AIDA. Legislators should instead require specific concrete measures. To provide some examples: ● Persons building AI systems should determine the acceptable level of statistical de-anonymization risk, and implement monitoring to ensure that data remains sufficiently anonymized based on this statistical model. ● Persons building AI systems should persist only the minimal data needed to achieve the desired function of the system. ● Persons building AI systems must take adequate measures to secure and encrypt anonymized data and adhere to the principle of least privilege. Concern 2: Liability for 3rd Party derived from illegally-obtained processes AIDA establishes liability only when a person knows or believes the information was obtained illegally. This requires prosecutors to establish elements of mens rea, making enforcement challenging. Legislators could strengthen the protections of the AIDA and make enforcement easier by creating a positive obligation for entities to validate the governance of their data. Following the model of GDPR, entities could be mandated to provide specific affirmative representations about their data procedures and enforce third-party vendors to enter into standard contractual clauses (SCCs) for certification.28 This would make enforcement of the AIDA far simpler, as a lack of certification or an adequate SCC would be sufficient to prove a regulatory violation. 28 See: Directorate-General for Justice and Consumers, Standard Contractual Clauses (SCC) (June 2021), online: <https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en> [https://perma.cc/HLB8-XF5U]. Electronic copy available at: https://ssrn.com/abstract=4687995 16 5. TRANSPARENCY The AIDA additionally requires that organizations are transparent with consumers, by making certain disclosures: Publication of description — making system available for use 11 (1) A person who makes available for use a high-impact system must, in the time and manner that may be prescribed by regulation, publish on a publicly available website a plain-language description of the system that includes an explanation of (a) how the system is intended to be used; (b) the types of content that it is intended to generate and the decisions, recommendations or predictions that it is intended to make; (c) the mitigation measures established under section 8 in respect of it; and (d) any other information that may be prescribed by regulation. Publication of description — managing operation of system (2) A person who manages the operation of a high-impact system must, in the time and manner that may be prescribed by regulation, publish on a publicly available website a plain-language description of the system that includes an explanation of (a) how the system is used; (b) the types of content that it generates and the decisions, recommendations or predictions that it makes; (c) the mitigation measures established under section 8 in respect of it; and (d) any other information that may be prescribed by regulation. 29 Concern 1: Hidden disclosures are inadequate to mitigate transparency risks It is important to make users aware that content or decisions are made by AI so that they can exercise additional scrutiny in relying upon the facts presented. In the context of everyday systems, users are unlikely to read attached disclosures to determine whether the content is AI- 29 Bill C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 202, cl. 39(6). Electronic copy available at: https://ssrn.com/abstract=4687995 17 generated. The regulation should therefore be augmented to require conspicuous notice that decisions or content are AI generated, to reduce the risk that users unknowingly rely on AI content. In particularly high-risk cases, it may even make sense to require affirmative consent to this notice. 6. BIAS AIDA requires that entities take steps to measure and mitigate the risks of biased output: Measures related to risk 8 A person who is responsible for a high-impact system must, in accordance with the regulations, establish measures to identify, assess and mitigate the risks of harm or biased output that could result from the use of the system. biased output means content that is generated, or a decision, recommendation or prediction that is made, by an artificial intelligence system and that adversely differentiates, directly or indirectly and without justification, in relation to an individual on one or more of the prohibited grounds of discrimination set out in section 3 of the Canadian Human Rights Act, or on a combination of such prohibited grounds. It does not include content, or a decision, recommendation or prediction, the purpose and effect of which are to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds. (résultat biaisé)30 Concern 1: AIDA lacks adequate audit mechanisms Identifying bias in an AI system is an especially difficult task for a few reasons: 1. Technical Impossibility- Many systems do not collect or persist information about a person’s status in protected classes, making it impossible to perform statistical monitoring of the system to determine if a process is biased. 30 Bill C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 2022 cl. 39(11). Electronic copy available at: https://ssrn.com/abstract=4687995 18 2. Collecting demographic data undermines privacy and discrimination safeguards- System operators and users alike may not wish for the system to collect information about protected status to minimize data collected and preserve privacy. 3. Coded biases are difficult to measure- Systems can be biased in ways that do not directly relate to a decision about a particular person. For example, an LLM may write more favorably about one gender over another in generative tasks. Detecting these sorts of biases requires a complex and thorough analysis of a model’s outputs. 4. Coded biases are pervasive- There are many different types of bias, so it can be difficult for a developer to build a thorough monitoring and testing scheme. Because of these factors, auditing an AI system post-hoc to determine if it is biased is an extremely difficult task (especially for external auditors), forcing regulators to rely on ex-ante monitoring and mitigation measures. While the AIDA requires that entities retain “general records” describing the bias monitoring schemes in “general terms,” this is likely insufficient for a regulator to determine if a system has been adequately monitored. Legislators should therefore bolster the record-keeping requirements to improve auditability, requiring entities to retain the specific codes and procedures used to perform monitoring (including versions thereof), and a record of each attempted monitoring test, and the result. Concern 2: To what extent does AIDA create an obligation to correct for historical bias? When developing an AI algorithm, historical data is often used to train the model and make predictions or decisions. If the historical data includes instances of discrimination or biased practices, the algorithm may unintentionally learn and encode those biases. For example, if a hiring algorithm is trained on past hiring data that exhibits gender or racial bias, the algorithm may learn to favor certain groups over others. This happens because the algorithm identifies patterns in the data and generalizes them. If the historical data reflects biased decisions or discriminatory practices, the algorithm can perpetuate and amplify those biases, leading to unfair outcomes. Subtle forms of discrimination can be especially complicated to mitigate. Large language models (LLMs) may encode discriminatory stereotypes or biases in the language they produce, which Electronic copy available at: https://ssrn.com/abstract=4687995 19 can be a difficult task to address given the prevalence of these biases in online content.31 Under the current wording of the statute, it is unclear whether an entity is responsible for mitigating these forms of bias if the bias is ancillary to the function of the system. 7. HARM The AIDA establishes liability for entities who knowingly or recklessly cause physical, psychological, or economic harm by making an AI system available for use. It additionally requires that entities notify the Minister if a system is likely to, or does result in harm: Notification of material harm 12 A person who is responsible for a high-impact system must, in accordance with the regulations and as soon as feasible, notify the Minister if the use of the system results or is likely to result in material harm. … Making system available for use 39 Every person commits an offence if the person (a) without lawful excuse and knowing that or being reckless as to whether the use of an artificial intelligence system is likely to cause serious physical or psychological harm to an individual or substantial damage to an individual’s property, makes the artificial intelligence system available for use and the use of the system causes such harm or damage; or (b) with intent to defraud the public and to cause substantial economic loss to an individual, makes an artificial intelligence system available for use and its use causes that loss.32 31 Weidinger et al, “Ethical and social risks of harm from Language Models” (2021), online: arXiv <https://arxiv.org/abs/2112.04359>. 32 Bill C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 2022 cl. 39(12). Electronic copy available at: https://ssrn.com/abstract=4687995 20 Concern 1: AIDA doesn’t weigh benefits against harms The AIDA imposes liability on entities that cause “serious physical or psychological harm,” without weighing the benefits of an AI system against these harms. The absolute imposition of liability for any harm caused may deter the development of systems that operate in critical environments. For example, AI systems have the potential to significantly improve patient outcomes in the medical field. AI systems may provide faster, more accurate diagnoses, and suggest more effective treatment plans than doctors alone. However, medical AI systems may occasionally cause harm through misdiagnosis or mistreatment, though at a potentially similar or lower rate than human doctors. The AIDA ought to encourage these developments, by clarifying that harm should be considered in the context of potential benefits, as well as the oversight humans have in applying predictions and decisions made by AI. Concern 2: AIDA may inadequately consider community harms Without a clear definition for “harm,” it is unclear whether entities would be held accountable for less direct forms of harm. For instance, in “Bill C-27 and AI in Content Moderation: The Good, The Bad, and The Ugly,” Delaney suggests that social media networks may not be held accountable for “harmful” content moderation policies, since these types of harms don’t fit the narrow definition of “harm” provided in the AIDA.33 While it is an impossible task to enumerate all the possible harms of AI, additional criteria are needed within the text of the AIDA to ensure the scope of “harm” is predictable for businesses and regulators alike. Concern 3: Notification requirements are vague The AIDA additionally requires that entities notify the Minister of Innovation, Science and Industry if a system is likely to, or does cause harm. This requirement is vague and potentially creates a massive obligation for entities wishing to use AI. Legislators should clarify this requirement further in statute; what types of harms are expected to be reported, how likely do 33 Ben Delaney, Bill C-27 and AI in Content Moderation: The Good, The Bad, and The Ugly (January 2023), online: McGill Business Law Platform <https://www.mcgill.ca/business-law/article/bill-c-27-and-ai-content-moderation-good-bad-and-ugly> [https://perma.cc/6Q65-TJ6U]. Electronic copy available at: https://ssrn.com/abstract=4687995 21 these harms need to be, and how widespread do the harms need to be to trigger reporting requirements? Additionally, the AIDA doesn’t establish requirements to notify impacted users of an AI system. Users have a right to know when an AI system is producing harmful results, as this allows users to adapt their usage of the system to minimize risk to themselves. Future revisions of the statute should include a requirement to notify potentially impacted users, in addition to the Minister of Innovation, Science, and Industry. 8. INTELLECTUAL PROPERTY Generative AI algorithms are often trained on vast amounts of data, including copyrighted content, without compensating or obtaining authorization from the creators. This raises significant ethical and legal concerns. Many AI models are trained on publicly available datasets, which can include copyrighted works such as books, movies, music, and visual art. While the intention is often to create a diverse and representative training set, the unauthorized use of copyrighted content without proper attribution or compensation undermines the rights of creators. By using copyrighted material as training data, generative AI models can inadvertently reproduce elements, styles, or even entire works without permission, potentially infringing upon the original creator's intellectual property. This practice poses a challenge to the fair remuneration and recognition of artists and authors, highlighting the need for clearer guidelines and ethical considerations in the development and use of generative AI technologies. Concern 1: AIDA doesn’t specifically address copyright concerns Despite the significance of these issues, the AIDA doesn't provide specific AI copyright regulations. Hypothetically, the Minister of Innovation, Science, and Industry, could elect to promulgate rules regarding AI copyright (see Part 9) but has no mandate to do so. To ensure that these issues are adequately deliberated and addressed, the legislature should draft and adopt specific copyright provisions in the AIDA. Electronic copy available at: https://ssrn.com/abstract=4687995 22 9. PROMULGATION AND ADMINISTRATION The AIDA is described as an “agile” regulatory framework; the regulations in the AIDA are very general, placing significant responsibility on agencies to determine the specific provisions of the AIDA.34 Proponents of this approach argue that this dynamic approach is required to keep up with advancements in AI.35 Critics argue that this would permit agencies to enact regulations without adequate public deliberation, oversight, or approval.36 Concern: The AIDA doesn’t provide adequate requirements for deliberation and public approval The AIDA vests extensive authority in Innovation, Science, and Economic Development (ISED) Canada, without defining a clear process for promulgating regulations. Given the relatively early stage of AI development and the inherent complexity of the field, there are concerns about whether ISED possesses the necessary expertise and experience to effectively develop AI technology standards. The rapid advancements and evolving nature of AI require a nuanced understanding of the technology, its capabilities, and potential risks. Without a clear process for gathering input from various stakeholders and experts in the AI community, there is a risk that the regulations may not adequately address the intricacies and potential implications of AI systems, which could hinder innovation and inadvertently stifle the growth of the AI industry in Canada.37 Striking the right balance between protecting against AI-related harm and fostering innovation requires a comprehensive approach that considers the diverse perspectives and expertise of those involved in the field. The AIDA should create clear guidelines for how definitions and regulations would be published, deliberated upon, and finally promulgated. 34 Teresa Scassa, Regulating AI in Canada: A Critical Look at the Proposed Artificial Intelligence and Data Act, 101 Can. B. Rev. 1 (2023). 35 Gillian Hadfield, Maggie Arai, and Isaac Gazendam, AI regulation in Canada is moving forward. Here’s what needs to come next (May 2023), online: University of Toronto Schwartz Reisman Institute For Technology and Society <https://srinstitute.utoronto.ca/news/ai-regulation-in-canada-is-moving-forward-heres-what-needs-to-come-next> [https://perma.cc/XZ3K-QZSD]. 36Blair Arrard-Frost, “Generative AI Systems: Impacts on Artists & Creators and Related Gaps in the Artificial Intelligence and Data Act” (June 2023), online: SSRN <https://ssrn.com/abstract=4468637>. 37 Teresa Scassa, Regulating AI in Canada: A Critical Look at the Proposed Artificial Intelligence and Data Act, 101 Can. B. Rev. 1 (2023). Electronic copy available at: https://ssrn.com/abstract=4687995 23 10. ENFORCEMENT Responsibility for implementation and enforcement of the AIDA would fall on the Minister of Innovation, Science and Industry, though the AIDA establishes the role of AI and Data Commissioner to assist the Minister in this task. 38 The AIDA gives the Minister of Innovation, Science and Industry various administrative powers to enforce the act: ● The Minister can audit AI systems if they have reasonable cause to believe violate provisions of the AIDA. The person being audited bears the cost of this audit.39 ● The Minister can order an entity to cease using an AI system if they have reasonable cause to believe that it poses an imminent risk of harm.40 ● The Minister may share information discovered during an audit with the Privacy Commissioner. Human Rights Commission, and Commissioner of Competition.41 ● The Minister may establish and levy administrative monetary penalties.42 In addition, the AIDA establishes civil and criminal liability for various offenses under the act: Offense Penalty Failing to adhere to ex-ante requirements: ● Anonymization Measures ● Risk Assessment ● Establishing measures to mitigate risks ● Establishing monitoring of risk mitigation ● Keeping general and specific records Business Entity Up to $10m or 3% of gross global revenues in the given fiscal year, whichever is greater. Individual Up to the discretion of the court. The maximum on summary conviction is $50k. 38 Innovation, Science and Economic Development Canada, Artificial Intelligence and Data Act (March 2023), online: ISED <https://ised-isde.canada.ca/site/innovation-better-canada/en/artificial-intelligence-and-data-act> [https://perma.cc/UTD7-JZMD]. 39 Bill C-27, Digital Charter Implementation Act, 1st Sess, 4th Parl, 202, cl. 39(15). 40 Id at cl. 39(17). 41 Id at cl. 39(25). 42 Id at cl. 39(29). Electronic copy available at: https://ssrn.com/abstract=4687995 24 ● Transparency requirements ● Causing harm Obstruction, or providing false or misleading statements to the Minister or Auditor Knowingly using personal information obtained illegally in the development of an AI system Business Entity Up to $25m or 5% of gross global revenues in the given fiscal year, whichever is greater. Individual A fine up to the discretion of the court, and up to five years less a day in prison. Maximum on summary conviction is $100,000 and two years less a day. Knowingly causing physical, psychological, or economic harm using an AI system Concern 1: Chilling effect on AI research The stringent penalties outlined in the AIDA could lead to a chilling effect on the development of AI systems for high-risk applications. Startups, often operating with limited resources and financial capacity, may struggle if fines amount to a significant portion of their revenue or lead to bankruptcy. Similarly, individuals involved in AI innovation may face severe financial and personal consequences, including the possibility of an unlimited fine and imprisonment, which could stifle their willingness to engage in AI research and development. This disproportionate burden on small entities and individuals may stifle innovation, limit competition, and hinder the overall growth of the AI ecosystem in Canada. Additionally, if regulators employ solely punitive measures, they risk creating a “whack-a-mole” scenario where new, unregulated entities replace those that face penalties. Instead, regulators should be incentivized to work collaboratively with entities rather than punishing them into bankruptcy. The AIDA should lay the groundwork for regulators to create Electronic copy available at: https://ssrn.com/abstract=4687995 25 positive relationships with entities; encouraging proactive reporting and engagement, the development of implementation guidelines, and a strong culture of compliance. The AIDA should therefore include additional provisions to limit punitive fines, and encourage collaboration with entities. Legislators could include specific fines and sentencing guidelines, designed to ensure that startups and individuals aren’t disproportionately punished under the AIDA. Additionally, legislators could consider including notice-and-cure periods, which would foster a collaborative approach to mitigating AI risks. Concern 2: Lack of a private right of action Introducing a private right of action alongside the AIDA would greatly enhance the enforceability and effectiveness of the law. While the current legislation empowers the Minister of Innovation, Science and Industry to take legal action against entities, the sheer volume of entities engaged in AI-related activities poses a challenge for effective enforcement by a single governmental entity. By allowing private individuals or organizations to bring forth lawsuits in cases of AI system harm or illegal data use, the burden of enforcement can be shared among a broader range of actors. This would also create a powerful deterrent for entities to comply with the regulations. The prospect of facing legal action from affected individuals or organizations would incentivize entities to prioritize responsible AI practices and due diligence in data acquisition, further promoting the protection of individuals' rights and mitigating potential harm caused by AI systems. 10. CONCLUSION The Artificial Intelligence and Data Act (AIDA) symbolizes a commendable effort to establish regulatory oversight over the AI sector. AI technologies present novel risks to Canadians, and it is important that Canada’s legislature takes action to update laws and regulations to mitigate these risks. Given the pace of AI development, it is essential that regulations strike a balance between specificity and flexibility. However, the draft AIDA currently leans too far in the direction of flexibility; many aspects of the statute and definitions are ambiguous, creating obstacles for Electronic copy available at: https://ssrn.com/abstract=4687995 26 organizations trying to comply with the statute, and for regulators attempting to enforce it. Moreover, delegating such significant implementation decisions to regulators potentially undermines the public’s right to contribute to the formulation AI regulations. In subsequent drafts, the legislature should take care to address these ambiguities, so that the AIDA can be an effective means of protecting Canadians’ rights. Electronic copy available at: https://ssrn.com/abstract=4687995
guide-to-the-general-data-protection-regulation-gdpr-1-0.pdf
Guide to the General Data Protection Regulation (GDPR)Data protection Introduction What's new Key definitions What is personal data? Principles Lawfulness, fairness and transparency Purpose limitation Data minimisation Accuracy Storage limitation Integrity and confidentiality (security) Accountability principle Lawful basis for processing Consent Contract Legal obligation Vital interests Public task Legitimate interests Special category data Criminal offence data Individual rights Right to be informed Right of access Right to rectification Right to erasure Right to restrict processing Right to data portability Right to object Rights related to automated decision making including profiling Accountability and governance Contracts Documentation Data protection by design and default Data protection impact assessments Data protection officers Codes of conduct Certification Guide to the data protection fee Security Encryption Passwords in online services Personal data breaches International transfers Exemptions Applications Children02 August 2018 - 1.0.248 23 5 9 10 14 17 21 26 31 39 47 48 49 59 64 68 72 75 80 86 89 91 92 100 110 116 122 128 139 146 153 163 168 173 185 192 200 203 206 207 220 223 233 241 256 287 288 Introduction Introduction The Guide to the GDPR explains the provisions of the GDPR to help organisations comply with its requirements. It is for those who have day-to-day responsibility for data protection. The GDPR forms part of the data protection regime in the UK, together with the new Data Protection Act 2018 (DPA 2018). The main provisions of this apply, like the GDPR, from 25 May 2018. This guide refers to the DPA 2018 where it is relevant includes links to relevant sections of the GDPR itself, to other ICO guidance and to guidance produced by the EU’s Article 29 Working Party - now the European Data Protection Board (EDPB). We intend the guide to cover the key points that organisations need to know. From now we will continue to develop new guidance and review our resources to take into account what organisations tell us they need. In the longer term we aim to publish more guidance under the umbrella of a new Guide to Data Protection, which will cover the GDPR and DPA 2018, and include law enforcement, the applied GDPR and other relevant provisions. Further reading Data protection self assessment toolkit For organisations For a more detailed understanding of the GDPR it’s also helpful to read the guidelines produced by the EU’s Article 29 Working Party – which has now been renamed the European Data Protection Board (EDPB). The EDPB includes representatives of the data protection authorities from each EU member state, and the ICO is the UK’s representative. The ICO has been directly involved in drafting many of these. We have linked to relevant EU guidelines throughout the Guide to GDPR. We produced many guidance documents on the previous Data Protection Act 1998 . Even though that Act is no longer in force, some of them contain practical examples and advice which may still be helpful in applying the new legislation. While we are building our new Guide to Data Protection we will keep those documents accessible on our website, with the proviso that they cannot be taken as guidance on the DPA 2018. We previously produced an Introduction to the Data Protection Bill  as it was going through Parliament. We will update this document to reflect the final text of the DPA 2018 and publish it02 August 2018 - 1.0.248 3 as soon as possible. We also published a guide to the law enforcement provisions in Part 3 of the Data Protection Bill , which implement the EU Law Enforcement Directive. We will update this to reflect the relevant provisions in the DPA 2018.02 August 2018 - 1.0.248 4 What's new We will update this page monthly to highlight and link to what’s new in our Guide to the GDPR. September 2018 We have expanded our guidance on Exemptions . August 2018 We have expanded our guidance on International transfers . May 2018 The European Data Protection Board (EDPB) has published draft guidelines on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation 2016/679 for consultation. The consultation will end on 12 July. We have published detailed guidance on children and the GDPR . We have published detailed guidance on determining what is personal data . We have expanded our guidance on data protection by design and default , and published detailed guidance on automated decision-making and profiling . We have published a new page on codes of conduct , and a new page on certification . We have published detailed guidance on the right to be informed . We have published detailed guidance on Data Protection Impact Assessments (DPIAs) . We have expanded the pages on the right of access and the right to object . We have published detailed guidance on consent . We have expanded the page on the right to data portability . April 2018 We have expanded the page on Accountability and governance . We have expanded the page on Security . We have updated all of the lawful basis pages to include a link to the lawful basis interactive guidance tool. March 2018 We have published detailed guidance on DPIAs for consultation . The consultation will end on 13 April 2018. We have also updated the guide page on DPIAs to include the guide level content from the detailed guidance. We have published detailed guidance on legitimate interests . We have expanded the pages on:02 August 2018 - 1.0.248 5 Data protection impact assessments Data protection officers The right to be informed The right to erasure The right to rectification The right to restri ct processing February 2018 The consultation period for the Article 29 Working party guidelines on consent has now ended and comments are being reviewed. The latest timetable is for the guidelines to be finalised for adoption on 10-11 April. The consultation period for the Article 29 Working Party guidelines on transparency has now ended. Following the consultation period, the Article 29 Working Party has adopted final guidelines on Automated individual decision-making and Profiling  and personal data breach notification . These have been added to the Guide. We have published our Guide to the data protection fee . We have updated the page on Children to include the guide level content from the detailed guidance on Children and the GDPR which is out for public consultation. January 2018 We have published more detailed guidance on documentation . We have expanded the page on personal data breaches . We have also added four new pages in the lawful basis section, covering contract , legal obligation , vital interests and public task . December 2017 We have published detailed guidance on Children and the GDPR for public consultation. The consultation closes on 28 February 2018. The sections on Lawful basis for processing  and Rights related to automated individual decision making including profiling  contain new expanded guidance. We have updated the section on Documentation  with additional guidance and documentation templates. We have also added new sections on legitimate interests, special category data and criminal offence data, and updated the section on consent. The Article 29 Working Party has published the following guidance, which is now included in the Guide. Consent  Transparency  It is inviting comments on these guidelines until 23 January 2018. The consultation for the Article 29 Working Party guidelines on breach notification and automated decision-making and profiling ended on 28 November. We are reviewing the comments received02 August 2018 - 1.0.248 6 together with other members of the Article 29 Working Party and expect the guidelines to be finalised in early 2018. November 2017 The Article 29 Working Party has published guidelines on imposing administrative fines . We have replaced the Overview of the GDPR with the Guide to the GDPR. The Guide currently contains similar content to the Overview, but we have expanded the sections on Consent and Contracts and Liabilities on the basis of the guidance on these topics which we have previously published for consultation. The Guide to the GDPR is not yet a finished product; it is a framework on which we will build upcoming GDPR guidance and it reflects how future GDPR guidance will be presented. We will be publishing more detailed guidance on some topics and we will link to these from the Guide. We will do the same for guidelines from the Article 29 Working Party. October 2017 The Article 29 Working Party has published the following guidance, which is now included in our overview. Breach notification Automated individual decision-making and Profiling The Article 29 Working Party has also adopted guidelines on administrative fines and these are expected to be published soon. In the Rights related to automated decision making and profiling we have updated the next steps for the ICO. In the Key areas to consider we have updated the next steps in regard to the ICO’s consent guidance. The deadline for responses to our draft GDPR guidance on contracts and liabilities for controllers and processors has now passed. We are analysing the feedback and this will feed into the final version. September 2017 We have put out for consultation our draft GDPR guidance on contracts and liabilities for controllers and processors. July 2017 In the Key areas to consider we have updated the next steps in regard to the ICO’s consent guidance and the Article 29 Working Party’s Europe-wide consent guidelines. June 2017 The Article 29 Working Party’s consultation on their guidelines on high risk processing and data protection impact assessments closed on 23 May. We await the adoption of the final version. May 2017 We have updated our GDPR 12 steps to take now document.02 August 2018 - 1.0.248 7 We have added a Getting ready for GDPR checklist to our self-assessment toolkit. April 2017 We have published our profiling discussion paper for feedback. March 2017 We have published our draft consent guidance for public consultation . January 2017 Article 29 have published the following guidance, which is now included in our overview: Data portability Lead supervisory authorities Data protection officers02 August 2018 - 1.0.248 8 Key definitions Who does the GDPR apply to? The GDPR applies to ‘controllers’ and ‘processors’. A controller determines the purposes and means of processing personal data. A processor is responsible for processing personal data on behalf of a controller. If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. You will have legal liability if you are responsible for a breach. However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR. The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organisations outside the EU that offer goods or services to individuals in the EU. The GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities. Further Reading Relevant provisions in the GDPR - Articles 3, 28-31 and Recitals 22-25, 81-82  External link02 August 2018 - 1.0.248 9 What is personal data? At a glance Understanding whether you are processing personal data is critical to understanding whether the GDPR applies to your activities. Personal data is information that relates to an identified or identifiable individual. What identifies an individual could be as simple as a name or a number or could include other identifiers such as an IP address or a cookie identifier, or other factors. If it is possible to identify an individual directly from the information you are processing, then that information may be personal data. If you cannot directly identify an individual from that information, then you need to consider whether the individual is still identifiable. You should take into account the information you are processing together with all the means reasonably likely to be used by either you or any other person to identify that individual. Even if an individual is identified or identifiable, directly or indirectly, from the data you are processing, it is not personal data unless it ‘relates to’ the individual. When considering whether information ‘relates to’ an individual, you need to take into account a range of factors, including the content of the information, the purpose or purposes for which you are processing it and the likely impact or effect of that processing on the individual. It is possible that the same information is personal data for one controller’s purposes but is not personal data for the purposes of another controller. Information which has had identifiers removed or replaced in order to pseudonymise the data is still personal data for the purposes of GDPR. Information which is truly anonymous is not covered by the GDPR. If information that seems to relate to a particular individual is inaccurate (ie it is factually incorrect or is about a different individual), the information is still personal data, as it relates to that individual. In brief What is personal data? The GDPR applies to the processing of personal data that is: wholly or partly by automated means; or the processing other than by automated means of personal data which forms part of, or is intended to form part of, a filing system. Personal data only includes information relating to natural persons who: can be identified or who are identifiable, directly from the information in question; or who can be indirectly identified from that information in combination with other information. Personal data may also include special categories of personal data or criminal conviction and offences data. These are considered to be more sensitive and you may only process them in more02 August 2018 - 1.0.248 10 limited circumstances. Pseudonymised data can help reduce privacy risks by making it more difficult to identify individuals, but it is still personal data. If personal data can be truly anonymised then the anonymised data is not subject to the GDPR. It is important to understand what personal data is in order to understand if the data has been anonymised. Information about a deceased person does not constitute personal data and therefore is not subject to the GDPR. Information about companies or public authorities is not personal data. However, information about individuals acting as sole traders, employees, partners and company directors where they are individually identifiable and the information relates to them as an individual may constitute personal data. What are identifiers and related factors? An individual is ‘identified’ or ‘identifiable’ if you can distinguish them from other individuals. A name is perhaps the most common means of identifying someone. However whether any potential identifier actually identifies an individual depends on the context. A combination of identifiers may be needed to identify an individual. The GDPR provides a non-exhaustive list of identifiers, including: name; identification number; location data; and an online identifier. ‘Online identifiers’ includes IP addresses and cookie identifiers which may be personal data. Other factors can identify an individual. Can we identify an individual directly from the information we have? If, by looking solely at the information you are processing you can distinguish an individual from other individuals, that individual will be identified (or identifiable). You don’t have to know someone’s name for them to be directly identifiable, a combination of other identifiers may be sufficient to identify the individual. If an individual is directly identifiable from the information, this may constitute personal data. Can we identify an individual indirectly from the information we have (together with other available information)? It is important to be aware that information you hold may indirectly identify an individual and therefore could constitute personal data. Even if you may need additional information to be able to identify someone, they may still be identifiable.02 August 2018 - 1.0.248 11 That additional information may be information you already hold, or it may be information that you need to obtain from another source. In some circumstances there may be a slight hypothetical possibility that someone might be able to reconstruct the data in such a way that identifies the individual. However, this is not necessarily sufficient to make the individual identifiable in terms of GDPR. You must consider all the factors at stake. When considering whether individuals can be identified, you may have to assess the means that could be used by an interested and sufficiently determined person. You have a continuing obligation to consider whether the likelihood of identification has changed over time (for example as a result of technological developments). What is the meaning of ‘relates to’? Information must ‘relate to’ the identifiable individual to be personal data. This means that it does more than simply identifying them – it must concern the individual in some way. To decide whether or not data relates to an individual, you may need to consider: the content of the data – is it directly about the individual or their activities?; the purpose you will process the data for; and the results of or effects on the individual from processing the data. Data can reference an identifiable individual and not be personal data about that individual, as the information does not relate to them. There will be circumstances where it may be difficult to determine whether data is personal data. If this is the case, as a matter of good practice, you should treat the information with care, ensure that you have a clear reason for processing the data and, in particular, ensure you hold and dispose of it securely. Inaccurate information may still be personal data if it relates to an identifiable individual. What happens when different organisations process the same data for different purposes? It is possible that although data does not relate to an identifiable individual for one controller, in the hands of another controller it does. This is particularly the case where, for the purposes of one controller, the identity of the individuals is irrelevant and the data therefore does not relate to them. However, when used for a different purpose, or in conjunction with additional information available to another controller, the data does relate to the identifiable individual. It is therefore necessary to consider carefully the purpose for which the controller is using the data in order to decide whether it relates to an individual. You should take care when you make an analysis of this nature. Further Reading Relevant provisions in the GDPR - See Articles 2, 4, 9, 10 and Recitals 1, 2, 26, 51  02 August 2018 - 1.0.248 12 External link In more detail – ICO guidance We have published detailed guidance on determining what is personal data .02 August 2018 - 1.0.248 13 Principles At a glance The GDPR sets out seven key principles: Lawfulness, fairness and transparency Purpose limitation Data minimisation Accuracy Storage limitation Integrity and confidentiality (security) Accountability These principles should lie at the heart of your approach to processing personal data. In brief What’s new under the GDPR? What are the principles? Why are the principles important? What’s new under the GDPR? The principles are broadly similar to the principles in the Data Protection Act 1998 (the 1998 Act). 1998 Act: GDPR: Principle 1 – fair and lawful Principle (a) – lawfulness, fairness and transparency Principle 2 – purposes Principle (b) – purpose limitation Principle 3 – adequacy Principle (c) – data minimisation Principle 4 – accuracy Principle (d) – accuracy Principle 5 - retention Principle (e) – storage limitation Principle 6 – rights No principle – separate provisions in Chapter III Principle 7 – security Principle (f) – integrity and confidentiality Principle 8 – international transfers No principle – separate provisions in Chapter V 02 August 2018 - 1.0.248 14 (no equivalent) Accountability principle However there are a few key changes. Most obviously: there is no principle for individuals’ rights. This is now dealt with separately in Chapter III of the GDPR; there is no principle for international transfers of personal data. This is now dealt with separately in Chapter V of the GDPR; and there is a new accountability principle. This specifically requires you to take responsibility for complying with the principles, and to have appropriate processes and records in place to demonstrate that you comply. What are the principles? Article 5 of the GDPR sets out seven key principles which lie at the heart of the general data protection regime. Article 5(1) requires that personal data shall be:  “(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’); (b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’); (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’); (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’); (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’); (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).”02 August 2018 - 1.0.248 15 Article 5(2) adds that: For more detail on each principle, please read the relevant page of this guide. Why are the principles important? The principles lie at the heart of the GDPR. They are set out right at the start of the legislation, and inform everything that follows. They don’t give hard and fast rules, but rather embody the spirit of the general data protection regime - and as such there are very limited exceptions. Compliance with the spirit of these key principles is therefore a fundamental building block for good data protection practice. It is also key to your compliance with the detailed provisions of the GPDR. Failure to comply with the principles may leave you open to substantial fines. Article 83(5)(a) states that infringements of the basic principles for processing personal data are subject to the highest tier of administrative fines. This could mean a fine of up to €20 million, or 4% of your total worldwide annual turnover, whichever is higher. Further Reading “The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).” Relevant provisions in the GDPR - See Article 5 and Recital 39, and Chapter III (rights), Chapter V (international transfers) and Article 83 (fines)  External link Further reading Read our individual rights and international transfers guidance02 August 2018 - 1.0.248 16 Lawfulness, fairness and transparency At a glance You must identify valid grounds under the GDPR (known as a ‘lawful basis’) for collecting and using personal data. You must ensure that you do not do anything with the data in breach of any other laws. You must use personal data in a way that is fair. This means you must not process the data in a way that is unduly detrimental, unexpected or misleading to the individuals concerned. You must be clear, open and honest with people from the start about how you will use their personal data. Checklist In brief What’s new under the GDPR? What is the lawfulness, fairness and transparency principle? What is lawfulness?Lawfulness ☐ We have identified an appropriate lawful basis (or bases) for our processing. ☐ If we are processing special category data or criminal offence data, we have identified a condition for processing this type of data. ☐ We don’t do anything generally unlawful with personal data. Fairness ☐ We have considered how the processing may affect the individuals concerned and can justify any adverse impact. ☐ We only handle people’s data in ways they would reasonably expect, or we can explain why any unexpected processing is justified. ☐ We do not deceive or mislead people when we collect their personal data. Transparency ☐ We are open and honest, and comply with the transparency obligations of the right to be informed.02 August 2018 - 1.0.248 17 What is fairness? What is transparency? What’s new under the GDPR? The lawfulness, fairness and transparency principle is broadly similar to the first principle of the 1998 Act. Fairness is still fundamental. You still need to process personal data fairly and lawfully, but the requirement to be transparent about what you do with people’s data is now more clearly signposted. As with the 1998 Act, you still need to identify valid grounds to process people’s data. This is now known as a ‘lawful basis’ rather than a ‘condition for processing’, but the principle is the same. Identifying a lawful basis is essential for you to comply with the ‘lawfulness’ aspect of this principle. The concept of ‘fair processing information’ is no longer incorporated into the concept of fairness. Although transparency is still a fundamental part of this overarching principle, the detail of transparency obligations is now set out in separate provisions on a new ‘right to be informed’. What is the lawfulness, fairness and transparency principle? Article 5(1) of the GDPR says: There are more detailed provisions on lawfulness and having a ‘lawful basis for processing’ set out in Articles 6 to 10. There are more detailed transparency obligations set out in Articles 13 and 14, as part of the ‘right to be informed’. The three elements of lawfulness, fairness and transparency overlap, but you must make sure you satisfy all three. It’s not enough to show your processing is lawful if it is fundamentally unfair to or hidden from the individuals concerned. What is lawfulness? For processing of personal data to be lawful, you need to identify specific grounds for the processing. This is called a ‘lawful basis’ for processing, and there are six options which depend on your purpose and your relationship with the individual. There are also specific additional conditions for processing some especially sensitive types of data. For more information, see the lawful basis section of this guide . If no lawful basis applies then your processing will be unlawful and in breach of this principle. “1. Personal data shall be: (a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness, transparency’)”02 August 2018 - 1.0.248 18 Lawfulness also means that you don’t do anything with the personal data which is unlawful in a more general sense. This includes statute and common law obligations, whether criminal or civil. If processing involves committing a criminal offence, it will obviously be unlawful. However, processing may also be unlawful if it results in: a breach of a duty of confidence; your organisation exceeding its legal powers or exercising those powers improperly; an infringement of copyright; a breach of an enforceable contractual agreement; a breach of industry-specific legislation or regulations; or a breach of the Human Rights Act 1998. These are just examples, and this list is not exhaustive. You may need to take your own legal advice on other relevant legal requirements. Although processing personal data in breach of copyright or industry regulations (for example) will involve unlawful processing in breach of this principle, this does not mean that the ICO can pursue allegations which are primarily about breaches of copyright, financial regulations or other laws outside our remit and expertise as data protection regulator. In this situation there are likely to be other legal or regulatory routes of redress where the issues can be considered in a more appropriate forum. If you have processed personal data unlawfully, the GDPR gives individuals the right to erase that data or restrict your processing of it. What is fairness? Processing of personal data must always be fair as well as lawful. If any aspect of your processing is unfair you will be in breach of this principle – even if you can show that you have a lawful basis for the processing. In general, fairness means that you should only handle personal data in ways that people would reasonably expect and not use it in ways that have unjustified adverse effects on them. You need to stop and think not just about how you can use personal data, but also about whether you should. Assessing whether you are processing information fairly depends partly on how you obtain it. In particular, if anyone is deceived or misled when the personal data is obtained, then this is unlikely to be fair. In order to assess whether or not you are processing personal data fairly, you must consider more generally how it affects the interests of the people concerned – as a group and individually. If you have obtained and used the information fairly in relation to most of the people it relates to but unfairly in relation to one individual, there will still be a breach of this principle. Personal data may sometimes be used in a way that negatively affects an individual without this necessarily being unfair. What matters is whether or not such detriment is justified.  Example02 August 2018 - 1.0.248 19 You should also ensure that you treat individuals fairly when they seek to exercise their rights over their data. This ties in with your obligation to facilitate the exercise of individuals’ rights. Read our guidance on rights for more information. What is transparency? Transparency is fundamentally linked to fairness. Transparent processing is about being clear, open and honest with people from the start about who you are, and how and why you use their personal data. Transparency is always important, but especially in situations where individuals have a choice about whether they wish to enter into a relationship with you. If individuals know at the outset what you will use their information for, they will be able to make an informed decision about whether to enter into a relationship, or perhaps to try to renegotiate the terms of that relationship. Transparency is important even when you have no direct relationship with the individual and collect their personal data from another source. In some cases, it can be even more important - as individuals may have no idea that you are collecting and using their personal data, and this affects their ability to assert their rights over their data. This is sometimes known as ‘invisible processing’. You must ensure that you tell individuals about your processing in a way that is easily accessible and easy to understand. You must use clear and plain language. For more detail on your transparency obligations and the privacy information you must provide to individuals, see our guidance on the right to be informed . Further ReadingWhere personal data is collected to assess tax liability or to impose a fine for breaking the speed limit, the information is being used in a way that may cause detriment to the individuals concerned, but the proper use of personal data for these purposes will not be unfair. Relevant provisions in the GDPR - See Article 5(1)(a) and Recital 39 (principles), and Article 6 (lawful bases), Article 9 (special category data), Article 10 (criminal offences data) and Articles 13 and 14 (the right to be informed), Article 17(1)(d) (the right to erasure)  External link Further reading Read our guidance on: Lawful basis for processing The right to be informed Individuals’ rights02 August 2018 - 1.0.248 20 Purpose limitation At a glance You must be clear about what your purposes for processing are from the start. You need to record your purposes as part of your documentation obligations and specify them in your privacy information for individuals. You can only use the personal data for a new purpose if either this is compatible with your original purpose, you get consent, or you have a clear basis in law. Checklist In brief What’s new under the GDPR? What is the purpose limitation principle? Why do we need to specify our purposes? How do we specify our purposes? Once we collect data for a specified purpose, can we use it for other purposes? What is a 'compatible' purpose? What’s new under the GDPR? The purpose limitation principle is very similar to the second principle of the 1998 Act, with a few small differences. As with the 1998 Act, you still need to specify your purpose or purposes for processing at the outset. However, under the GDPR you do this by complying with your documentation and transparency obligations, rather than through registration with the ICO.☐ We have clearly identified our purpose or purposes for processing. ☐ We have documented those purposes. ☐ We include details of our purposes in our privacy information for individuals. ☐ We regularly review our processing and, where necessary, update our documentation and our privacy information for individuals. ☐ If we plan to use personal data for a new purpose, we check that this is compatible with our original purpose or we get specific consent for the new purpose.02 August 2018 - 1.0.248 21 The purpose limitation principle still prevents you from using personal data for new purposes if they are ‘incompatible’ with your original purpose for collecting the data, but the GDPR contains more detail on assessing compatibility. Instead of an exemption for research purposes, the GDPR purpose limitation principle specifically says that it does not prevent further processing for: archiving purposes in the public interest; scientific or historical research purposes; or statistical purposes. What is the purpose limitation principle? Article 5(1)(b) says: In practice, this means that you must: be clear from the outset why you are collecting personal data and what you intend to do with it; comply with your documentation obligations to specify your purposes; comply with your transparency obligations to inform individuals about your purposes; and ensure that if you plan to use or disclose personal data for any purpose that is additional to or different from the originally specified purpose, the new use is fair, lawful and transparent. Why do we need to specify our purposes? This requirement aims to ensure that you are clear and open about your reasons for obtaining personal data, and that what you do with the data is in line with the reasonable expectations of the individuals concerned. Specifying your purposes from the outset helps you to be accountable for your processing, and helps you avoid ‘function creep’. It also helps individuals understand how you use their data, make decisions about whether they are happy to share their details, and assert their rights over data where appropriate. It is fundamental to building public trust in how you use personal data. There are clear links with other principles – in particular, the fairness, lawfulness and transparency principle. Being clear about why you are processing personal data will help you to ensure your processing is fair, lawful and transparent. And if you use data for unfair, unlawful or ‘invisible’ reasons, “1. Personal data shall be: (b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes.”02 August 2018 - 1.0.248 22 it’s likely to be a breach of both principles. Specifying your purposes is necessary to comply with your accountability obligations. How do we specify our purposes? If you comply with your documentation and transparency obligations, you are likely to comply with the requirement to specify your purposes without doing anything more: You need to specify your purpose or purposes for processing personal data within the documentation you are required to keep as part of your records of processing (documentation) obligations under Article 30. You also need to specify your purposes in your privacy information for individuals. However, you should also remember that whatever you document, and whatever you tell people, this cannot make fundamentally unfair processing fair and lawful. If you are a small organisation and you are exempt from some documentation requirements, you may not need to formally document all of your purposes to comply with the purpose limitation principle. Listing your purposes in the privacy information you provide to individuals will be enough. However, it is still good practice to document all of your purposes. For more information, read our documentation guidance . If you have not provided privacy information because you are only using personal data for an obvious purpose that individuals already know about, the “specified purpose” should be taken to be the obvious purpose. You should regularly review your processing, documentation and privacy information to check that your purposes have not evolved over time beyond those you originally specified (‘function creep’). Once we collect personal data for a specified purpose, can we use it for other purposes? The GDPR does not ban this altogether, but there are restrictions. In essence, if your purposes change over time or you want to use data for a new purpose which you did not originally anticipate, you can only go ahead if: the new purpose is compatible with the original purpose; you get the individual’s specific consent for the new purpose; or you can point to a clear legal provision requiring or allowing the new processing in the public interest – for example, a new function for a public authority. If your new purpose is compatible, you don’t need a new lawful basis for the further processing. However, you should remember that if you originally collected the data on the basis of consent, you usually need to get fresh consent to ensure your new processing is fair and lawful. See our lawful basis guidance for more information. You also need to make sure that you update your privacy information to ensure that your processing is still transparent. What is a ‘compatible’ purpose?02 August 2018 - 1.0.248 23 The GDPR specifically says that the following purposes should be considered to be compatible purposes: archiving purposes in the public interest; scientific or historical research purposes; and statistical purposes. Otherwise, the GDPR says that to decide whether a new purpose is compatible (or as the GDPR says, “not incompatible”) with your original purpose you should take into account: any link between your original purpose and the new purpose; the context in which you originally collected the personal data – in particular, your relationship with the individual and what they would reasonably expect; the nature of the personal data – eg is it particularly sensitive; the possible consequences for individuals of the new processing; and whether there are appropriate safeguards - eg encryption or pseudonymisation. As a general rule, if the new purpose is either very different from the original purpose, would be unexpected, or would have an unjustified impact on the individual, it is likely to be incompatible with your original purpose. In practice, you are likely to need to ask for specific consent to use or disclose data for this type of purpose. There are clear links here with the lawfulness, fairness and transparency principle. In practice, if your intended processing is fair, you are unlikely to breach the purpose limitation principle on the basis of incompatibility. Further Reading Example A GP discloses his patient list to his wife, who runs a travel agency, so that she can offer special holiday deals to patients needing recuperation. Disclosing the information for this purpose would be incompatible with the purposes for which it was obtained. Relevant provisions in the GDPR - See Article 5(1)(b), Recital 39 (principles), Article 6(4) and Recital 50 (compatibility) and Article 30 (documentation)  External link Further reading Read our guidance on: Documentation The right to be informed02 August 2018 - 1.0.248 24 Lawful basis for processing02 August 2018 - 1.0.248 25 Data minimisation At a glance You must ensure the personal data you are processing is: adequate – sufficient to properly fulfil your stated purpose; relevant – has a rational link to that purpose; and limited to what is necessary – you do not hold more than you need for that purpose. Checklist In brief What’s new under the GDPR? What is the data minimisation principle? How do we decide what is adequate, relevant and limited? When could we be processing too much personal data? When could we be processing inadequate personal data? What about the adequacy and relevance of opinions? What’s new under the GDPR? Very little. The data minimisation principle is almost identical to the third principle (adequacy) of the 1998 Act. The main difference in practice is that you must be prepared to demonstrate you have appropriate data minimisation practices in line with new accountability obligations, and there are links to the new rights of erasure and rectification. What is the data minimisation principle? Article 5(1)(c) says:☐ We only collect personal data we actually need for our specified purposes. ☐ We have sufficient personal data to properly fulfil those purposes. ☐ We periodically review the data we hold, and delete anything we don’t need. 02 August 2018 - 1.0.248 26 So you should identify the minimum amount of personal data you need to fulfil your purpose. You should hold that much information, but no more. This is the first of three principles about data standards, along with accuracy and storage limitation. The accountability principle means that you need to be able to demonstrate that you have appropriate processes to ensure that you only collect and hold the personal data you need. Also bear in mind that the GDPR says individuals have the right to complete any incomplete data which is inadequate for your purpose, under the right to rectification. They also have right to get you to delete any data that is not necessary for your purpose, under the right to erasure (right to be forgotten). How do we decide what is adequate, relevant and limited? The GDPR does not define these terms. Clearly, though, this will depend on your specified purpose for collecting and using the personal data. It may also differ from one individual to another. So, to assess whether you are holding the right amount of personal data, you must first be clear about why you need it. For special category data or criminal offence data, it is particularly important to make sure you collect and retain only the minimum amount of information. You may need to consider this separately for each individual, or for each group of individuals sharing relevant characteristics. You should in particular consider any specific factors that an individual brings to your attention – for example, as part of an objection, request for rectification of incomplete data, or request for erasure of unnecessary data. You should periodically review your processing to check that the personal data you hold is still relevant and adequate for your purposes, and delete anything you no longer need. This is closely linked with the storage limitation principle. When could we be processing too much personal data? You should not have more personal data than you need to achieve your purpose. Nor should the data include irrelevant details. “1. Personal data shall be: (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation)”  Example02 August 2018 - 1.0.248 27 If you need to process particular information about certain individuals only, you should collect it just for those individuals – the information is likely to be excessive and irrelevant in relation to other people. You must not collect personal data on the off-chance that it might be useful in the future. However, you may be able to hold information for a foreseeable event that may never occur if you can justify it. If you are holding more data than is actually necessary for your purpose, this is likely to be unlawful (as most of the lawful bases have a necessity element) as well as a breach of the data minimisation principle. Individuals will also have the right to erasure. When could we be processing inadequate personal data? If the processing you carry out is not helping you to achieve your purpose then the personal data you have is probably inadequate. You should not process personal data if it is insufficient for its intended purpose. In some circumstances you may need to collect more personal data than you had originally anticipated using, so that you have enough information for the purpose in question.A debt collection agency is engaged to find a particular debtor. It collects information on several people with a similar name to the debtor. During the enquiry some of these people are discounted. The agency should delete most of their personal data, keeping only the minimum data needed to form a basic record of a person they have removed from their search. It is appropriate to keep this small amount of information so that these people are not contacted again about debts which do not belong to them.  Example A recruitment agency places workers in a variety of jobs. It sends applicants a general questionnaire, which includes specific questions about health conditions that are only relevant to particular manual occupations. It would be irrelevant and excessive to obtain such information from an individual who was applying for an office job.  Example An employer holds details of the blood groups of some of its employees. These employees do hazardous work and the information is needed in case of accident. The employer has in place safety procedures to help prevent accidents so it may be that this data is never needed, but it still needs to hold this information in case of emergency. If the employer holds the blood groups of the rest of the workforce, though, such information is likely to be irrelevant and excessive as they do not engage in the same hazardous work.02 August 2018 - 1.0.248 28 Data may also be inadequate if you are making decisions about someone based on an incomplete understanding of the facts. In particular, if an individual asks you to supplement incomplete data under their right to rectification, this could indicate that the data might be inadequate for your purpose. Obviously it makes no business sense to have inadequate personal data – but you must be careful not to go too far the other way and collect more than you need. What about the adequacy and relevance of opinions? A record of an opinion is not necessarily inadequate or irrelevant personal data just because the individual disagrees with it or thinks it has not taken account of information they think is important. However, in order to be adequate, your records should make clear that it is opinion rather than fact. The record of the opinion (or of the context it is held in) should also contain enough information to enable a reader to interpret it correctly. For example, it should state the date and the author’s name and position. If an opinion is likely to be controversial or very sensitive, or if it will have a significant impact when used or disclosed, it is even more important to state the circumstances or the evidence it is based on. If a record contains an opinion that summarises more detailed records held elsewhere, you should make this clear. For more information about the accuracy of opinions, see our guidance on the accuracy principle. Further Reading Example A group of individuals set up a club. At the outset the club has only a handful of members, who all know each other, and the club’s activities are administered using only basic information about the members’ names and email addresses. The club proves to be very popular and its membership grows rapidly. It becomes necessary to collect additional information about members so that the club can identify them properly, and so that it can keep track of their membership status, subscription payments etc.  Example A GP's record may hold only a letter from a consultant and it will be the hospital file that contains greater detail. In this case, the record of the consultant’s opinion should contain enough information to enable detailed records to be traced. Relevant provisions in the GDPR - Article 5(1)(c) and Recital 39, and Article 16 (right to rectification) and Article 17 (right to erasure)  External link02 August 2018 - 1.0.248 29 Further reading Read our guidance on: The storage limitation principle The accountability principle The right to rectification The right to erasure 02 August 2018 - 1.0.248 30 Accuracy At a glance You should take all reasonable steps to ensure the personal data you hold is not incorrect or misleading as to any matter of fact. You may need to keep the personal data updated, although this will depend on what you are using it for. If you discover that personal data is incorrect or misleading, you must take reasonable steps to correct or erase it as soon as possible. You must carefully consider any challenges to the accuracy of personal data. Checklist In brief What’s new under the GDPR? What is the accuracy principle? When is personal data ‘accurate’ or ‘inaccurate’? What about records of mistakes? What about accuracy of opinions?☐ We ensure the accuracy of any personal data we create. ☐ We have appropriate processes in place to check the accuracy of the data we collect, and we record the source of that data. ☐ We have a process in place to identify when we need to keep the data updated to properly fulfil our purpose, and we update it as necessary. ☐ If we need to keep a record of a mistake, we clearly identify it as a mistake. ☐ Our records clearly identify any matters of opinion, and where appropriate whose opinion it is and any relevant changes to the underlying facts. ☐ We comply with the individual’s right to rectification and carefully consider any challenges to the accuracy of the personal data. ☐ As a matter of good practice, we keep a note of any challenges to the accuracy of the personal data.02 August 2018 - 1.0.248 31 Does personal data always have to be up to date? What steps do we need to take to ensure accuracy? What should we do if an individual challenges the accuracy of their personal data? What’s new under the GDPR? The accuracy principle is very similar to the fourth principle of the 1998 Act, with a couple of differences: The GDPR principle includes a clearer proactive obligation to take reasonable steps to delete or correct inaccurate personal data. The GDPR does not explicitly distinguish between personal data that you create and personal data that someone else provides. However, the ICO does not consider that this requires a major change in approach. The main difference in practice is that individuals have a stronger right to have inaccurate personal data corrected under the right to rectification. What is the accuracy principle? Article 5(1)(d) says: This is the second of three principles about data standards, along with data minimisation and storage limitation. There are clear links here to the right to rectification , which gives individuals the right to have inaccurate personal data corrected. In practice, this means that you must: take reasonable steps to ensure the accuracy of any personal data; ensure that the source and status of personal data is clear; carefully consider any challenges to the accuracy of information; and consider whether it is necessary to periodically update the information. When is personal data ‘accurate’ or ‘inaccurate’?  “1. Personal data shall be: (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)”02 August 2018 - 1.0.248 32 The GDPR does not define the word ‘accurate’. However, the Data Protection Act 2018 does say that ‘inaccurate’ means “incorrect or misleading as to any matter of fact”. It will usually be obvious whether personal data is accurate. You must always be clear about what you intend the record of the personal data to show. What you use it for may affect whether it is accurate or not. For example, just because personal data has changed doesn’t mean that a historical record is inaccurate – but you must be clear that it is a historical record. What about records of mistakes? There is often confusion about whether it is appropriate to keep records of things that happened which should not have happened. Individuals understandably do not want their records to be tarnished by, for example, a penalty or other charge that was later cancelled or refunded. However, you may legitimately need your records to accurately reflect the order of events – in this example, that a charge was imposed, but later cancelled or refunded. Keeping a record of the mistake and its correction might also be in the individual’s best interests. It is acceptable to keep records of mistakes, provided those records are not misleading about the facts. Example If an individual moves house from London to Manchester a record saying that they currently live in London will obviously be inaccurate. However a record saying that the individual once lived in London remains accurate, even though they no longer live there.  Example The Postcode Address File (PAF) contains UK property postal addresses. It is structured to reflect the way the Royal Mail delivers post. So it is common for someone to have a postal address linked to a town in one county (eg Stoke-on-Trent in Staffordshire) even if they actually live in another county (eg Cheshire) and pay council tax to that council. The PAF file is not intended to accurately reflect county boundaries.  Example A misdiagnosis of a medical condition continues to be held as part of a patient’s medical records even after the diagnosis is corrected, because it is relevant for the purpose of explaining treatment given to the patient, or for other health problems.02 August 2018 - 1.0.248 33 You may need to add a note to make clear that a mistake was made. What about accuracy of opinions? A record of an opinion is not necessarily inaccurate personal data just because the individual disagrees with it, or it is later proved to be wrong. Opinions are, by their very nature, subjective and not intended to record matters of fact. However, in order to be accurate, your records must make clear that it is an opinion, and, where appropriate, whose opinion it is. If it becomes clear that an opinion was based on inaccurate data, you should also record this fact in order to ensure your records are not misleading. Example An individual finds that, because of an error, their account with their existing energy supplier has been closed and an account opened with a new supplier. Understandably aggrieved, they believe the original account should be reinstated and no record kept of the unauthorised transfer. Although this reaction is understandable, if their existing supplier did close their account, and another supplier opened a new account, then records reflecting what actually happened will be accurate. In such cases it makes sense to ensure that the record clearly shows that an error occurred.  Example An individual is dismissed for alleged misconduct. An Employment Tribunal finds that the dismissal was unfair and the individual is reinstated. The individual demands that the employer deletes all references to misconduct. However, the record of the dismissal is accurate. The Tribunal’s decision was that the employee should not have been dismissed on those grounds. The employer should ensure its records reflect this.02 August 2018 - 1.0.248 34 If an individual challenges the accuracy of an opinion, it is good practice to add a note recording the challenge and the reasons behind it. How much weight is actually placed on an opinion is likely to depend on the experience and reliability of the person whose opinion it is, and what they base their opinion on. An opinion formed during a brief meeting will probably be given less weight than one derived from considerable dealings with the individual. However, this is not really an issue of accuracy. Instead, you need to consider whether the personal data is “adequate” for your purposes, in line with the data minimisation principle. Note that some records that may appear to be opinions do not contain an opinion at all. For example, many financial institutions use credit scores to help them decide whether to provide credit. A credit score is a number that summarises the historical credit information on a credit report and provides a numerical predictor of the risk involved in granting an individual credit. Credit scores are based on a statistical analysis of individuals’ personal data, rather than on a subjective opinion about their creditworthiness. However, you must ensure the accuracy (and adequacy) of the underlying data. Does personal data always have to be up to date? This depends on what you use the information for. If you use the information for a purpose that relies on it remaining current, you should keep it up to date. For example, you should update your employee payroll records when there is a pay rise. Similarly, you should update your records for customers’ changes of address so that goods are delivered to the correct location. In other cases, it will be equally obvious that you do not need to update information. Example An area of particular sensitivity is medical opinion, where doctors routinely record their opinions about possible diagnoses. It is often impossible to conclude with certainty, perhaps until time has passed or tests have been done, whether a patient is suffering from a particular condition. An initial diagnosis (which is an informed opinion) may prove to be incorrect after more extensive examination or further tests. However, if the patient’s records reflect the doctor’s diagnosis at the time, the records are not inaccurate, because they accurately reflect that doctor’s opinion at a particular time. Moreover, the record of the doctor’s initial diagnosis may help those treating the patient later, and in data protection terms is required in order to comply with the ‘adequacy’ element of the data minimisation principle.  Example An individual places a one-off order with an organisation. The organisation will probably have good reason to retain a record of the order for a certain period for accounting reasons and because of possible complaints. However, this does not mean that it has to regularly check that the customer is still living at the same address.02 August 2018 - 1.0.248 35 You do not need to update personal data if this would defeat the purpose of the processing. For example, if you hold personal data only for statistical, historical or other research reasons, updating the data might defeat that purpose. In some cases it is reasonable to rely on the individual to tell you when their personal data has changed, such as when they change address or other contact details. It may be sensible to periodically ask individuals to update their own details, but you do not need to take extreme measures to ensure your records are up to date, unless there is a corresponding privacy risk which justifies this. However, if an individual informs the organisation of a new address, it should update its records. And if a mailing is returned with the message ‘not at this address’ marked on the envelope – or any other information comes to light which suggests the address is no longer accurate – the organisation should update its records to indicate that the address is no longer current. What steps do we need to take to ensure accuracy? Where you use your own resources to compile personal data about an individual, then you must make sure the information is correct. You should take particular care if the information could have serious implications for the individual. If, for example, you give an employee a pay increase on the basis of an annual increment and a performance bonus, then there is no excuse for getting the new salary figure wrong in your payroll records. We recognise that it may be impractical to check the accuracy of personal data someone else provides. In order to ensure that your records are not inaccurate or misleading in this case, you must: accurately record the information provided; accurately record the source of the information; take reasonable steps in the circumstances to ensure the accuracy of the information; and carefully consider any challenges to the accuracy of the information. What is a ‘reasonable step’ will depend on the circumstances and, in particular, the nature of the personal data and what you will use it for. The more important it is that the personal data is accurate, the greater the effort you should put into ensuring its accuracy. So if you are using the data to make decisions that may significantly affect the individual concerned or others, you need to put more effort into ensuring accuracy. This may mean you have to get independent confirmation that the data is accurate. For example, employers may need to check the precise details of job applicants’ education, qualifications and work experience if it is essential for that particular role, when they would need to obtain authoritative verification. Example An organisation keeps addresses and contact details of previous customers for marketing purposes. It does not have to use data matching or tracing services to ensure its records are up to date – and it may actually be difficult to show that the processing involved in data matching or tracing for these purposes is fair, lawful and transparent.02 August 2018 - 1.0.248 36 If your information source is someone you know to be reliable, or is a well-known organisation, it is usually reasonable to assume that they have given you accurate information. However, in some circumstances you need to double-check – for example if inaccurate information could have serious consequences, or if common sense suggests there may be a mistake. Even if you originally took all reasonable steps to ensure the accuracy of the data, if you later get any new information which suggests it may be wrong or misleading, you should reconsider whether it is accurate and take steps to erase, update or correct it in light of that new information as soon as possible. What should we do if an individual challenges the accuracy of their personal data? If this happens, you should consider whether the information is accurate and, if it is not, you should delete or correct it. Remember that individuals have the absolute right to have incorrect personal data rectified – see the Example An organisation recruiting a driver will want proof that the individuals they interview are entitled to drive the type of vehicle involved. The fact that an applicant states in his work history that he worked as a Father Christmas in a department store 20 years ago does not need to be checked for this particular job.  Example A business that is closing down recommends a member of staff to another organisation. Assuming the two employers know each other, it may be reasonable for the organisation to which the recommendation is made to accept assurances about the individual’s work experience at face value. However, if a particular skill or qualification is needed for the new job role, the organisation needs to make appropriate checks.  Example An individual sends an email to her mobile phone company requesting that it changes its records about her willingness to receive marketing material. The company amends its records accordingly without making any checks. However, when the customer emails again asking the company to send her bills to a new address, they carry out additional security checks before making the requested change.02 August 2018 - 1.0.248 37 right to rectification for more information. Individuals don’t have the right to erasure just because data is inaccurate. However, the accuracy principle requires you to take all reasonable steps to erase or rectify inaccurate data without delay, and it may be reasonable to erase the data in some cases. If an individual asks you to delete inaccurate data it is therefore good practice to consider this request. Further Reading Relevant provisions in the GDPR - See Article 5(1)(c) and Article 16 (the right to rectification) and Article 17 (the right to erasure)  External link Further reading Read our guidance on: The right to rectification The right to erasure 02 August 2018 - 1.0.248 38 Storage limitation At a glance You must not keep personal data for longer than you need it. You need to think about – and be able to justify – how long you keep personal data. This will depend on your purposes for holding the data. You need a policy setting standard retention periods wherever possible, to comply with documentation requirements. You should also periodically review the data you hold, and erase or anonymise it when you no longer need it. You must carefully consider any challenges to your retention of data. Individuals have a right to erasure if you no longer need the data. You can keep personal data for longer if you are only keeping it for public interest archiving, scientific or historical research, or statistical purposes. Checklist ☐ We know what personal data we hold and why we need it. ☐ We carefully consider and can justify how long we keep personal data. ☐ We have a policy with standard retention periods where possible, in line with documentation obligations. ☐ We regularly review our information and erase or anonymise personal data when we no longer need it. ☐ We have appropriate processes in place to comply with individuals’ requests for erasure under ‘the right to be forgotten’. ☐ We clearly identify any personal data that we need to keep for public interest archiving, scientific or historical research, or statistical purposes. Other resources For more detailed checklists and practice advice on retention, please use the ICO’s self-assessment toolkit - records management checklist02 August 2018 - 1.0.248 39 In brief What’s new under the GDPR? What is the storage limitation principle? Why is storage limitation important? Do we need a retention policy? How should we set retention periods? When should we review our retention? What should we do with personal data that we no longer need? How long can we keep personal data for archiving, research or statistical purposes? How does this apply to data sharing? What’s new under the GDPR? The storage limitation principle is broadly similar to the fifth principle (retention) of the 1998 Act. The key point remains that you must not keep data for longer than you need it. Although there is no underlying change, the GDPR principle does highlight that you can keep anonymised data for as long as you want. In other words, you can either delete or anonymise the personal data once you no longer need it. Instead of an exemption for research purposes, the GDPR principle specifically says that you can keep personal data for longer if you are only keeping it for public interest archiving, scientific or historical research, or statistical purposes (and you have appropriate safeguards). New documentation provisions mean that you must now have a policy setting standard retention periods where possible. There are also clear links to the new right to erasure (right to be forgotten). In practice, this means you must now review whether you still need to keep personal data if an individual asks you to delete it. What is the storage limitation principle? Article 5(1)(e) says:  “1. Personal data shall be: (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’)”02 August 2018 - 1.0.248 40 So, even if you collect and use personal data fairly and lawfully, you cannot keep it for longer than you actually need it. There are close links here with the data minimisation and accuracy principles. The GDPR does not set specific time limits for different types of data. This is up to you, and will depend on how long you need the data for your specified purposes. Why is storage limitation important? Ensuring that you erase or anonymise personal data when you no longer need it will reduce the risk that it becomes irrelevant, excessive, inaccurate or out of date. Apart from helping you to comply with the data minimisation and accuracy principles, this also reduces the risk that you will use such data in error – to the detriment of all concerned. Personal data held for too long will, by definition, be unnecessary. You are unlikely to have a lawful basis for retention. From a more practical perspective, it is inefficient to hold more personal data than you need, and there may be unnecessary costs associated with storage and security. Remember that you must also respond to subject access requests for any personal data you hold. This may be more difficult if you are holding old data for longer than you need. Good practice around storage limitation - with clear policies on retention periods and erasure - is also likely to reduce the burden of dealing with queries about retention and individual requests for erasure. Do we need a retention policy? Retention policies or retention schedules list the types of record or information you hold, what you use it for, and how long you intend to keep it. They help you establish and document standard retention periods for different categories of personal data. A retention schedule may form part of a broader ‘information asset register’ (IAR), or your general processing documentation. To comply with documentation requirements , you need to establish and document standard retention periods for different categories of information you hold wherever possible. It is also advisable to have a system for ensuring that your organisation keeps to these retention periods in practice, and for reviewing retention at appropriate intervals. Your policy must also be flexible enough to allow for early deletion if appropriate. For example, if you are not actually using a record, you should reconsider whether you need to retain it. If you are a small organisation undertaking occasional low-risk processing, you may not need a documented retention policy. However, if you don’t have a retention policy (or if it doesn’t cover all of the personal data you hold), you must still regularly review the data you hold, and delete or anonymise anything you no longer need. Further reading – records management and retention schedules The National Archives (TNA)  publishes practical guidance for public authorities on a range of02 August 2018 - 1.0.248 41 How should we set retention periods? The GDPR does not dictate how long you should keep personal data. It is up to you to justify this, based on your purposes for processing. You are in the best position to judge how long you need it. You must also be able to justify why you need to keep personal data in a form that permits identification of individuals. If you do not need to identify individuals, you should anonymise the data so that identification is no longer possible. For example: You should consider your stated purposes for processing the personal data. You can keep it as long as one of those purposes still applies, but you should not keep data indefinitely ‘just in case’, or if there is only a small possibility that you will use it.records management topics, including retention and disposal. This guidance can help you comply with the storage limitation principle (even if you are not a public authority): Disposing of records  FOI Records Management Code – Guide 8: Disposal of records  The Keeper of the Records of Scotland  also publishes guidance on Scottish public authorities’ records management obligations, including specific guidance on retention schedules .  Example A bank holds personal data about its customers. This includes details of each customer’s address, date of birth and mother’s maiden name. The bank uses this information as part of its security procedures. It is appropriate for the bank to retain this data for as long as the customer has an account with the bank. Even after the account has been closed, the bank may need to continue holding some of this information for legal or operational reasons for a further set time.  Example A bank may need to retain images from a CCTV system installed to prevent fraud at an ATM machine for several weeks, since a suspicious transaction may not come to light until the victim gets their bank statement. In contrast, a pub may only need to retain images from their CCTV system for a short period because incidents will come to light very quickly. However, if a crime is reported to the police, the pub will need to retain images until the police have time to collect them.02 August 2018 - 1.0.248 42 You should consider whether you need to keep a record of a relationship with the individual once that relationship ends. You may not need to delete all personal data when the relationship ends. You may need to keep some information so that you can confirm that the relationship existed – and that it has ended – as well as some of its details. You should consider whether you need to keep information to defend possible future legal claims. However, you could still delete information that could not possibly be relevant to such a claim. Unless Example A tracing agency holds personal data about a debtor so that it can find that individual on behalf of a creditor. Once it has found the individual and reported to the creditor, there may be no need to retain the information about the debtor – the agency should remove it from their systems unless there are good reasons for keeping it. Such reasons could include if the agency has also been asked to collect the debt, or because the agency is authorised to use the information to trace debtors on behalf of other creditors.  Example A business may need to keep some personal data about a previous customer so that they can deal with any complaints the customer might make about the services they provided.  Example An employer should review the personal data it holds about an employee when they leave the organisation’s employment. It will need to retain enough data to enable the organisation to deal with, for example, providing references or pension arrangements. However, it should delete personal data that it is unlikely to need again from its records – such as the employee’s emergency contact details, previous addresses, or death-in-service beneficiary details.  Example A business receives a notice from a former customer requiring it to stop processing the customer’s personal data for direct marketing. It is appropriate for the business to retain enough information about the former customer for it to stop including that person in future direct marketing activities.02 August 2018 - 1.0.248 43 there is some other reason for keeping it, personal data should be deleted when such a claim could no longer arise. You should consider any legal or regulatory requirements. There are various legal requirements and professional guidelines about keeping certain kinds of records – such as information needed for income tax and audit purposes, or information on aspects of health and safety. If you keep personal data to comply with a requirement like this, you will not be considered to have kept the information for longer than necessary. You should consider any relevant industry standards or guidelines. For example, we have agreed that credit reference agencies are permitted to keep consumer credit data for six years. Industry guidelines are a good starting point for standard retention periods and are likely to take a considered approach. However, they do not guarantee compliance. You must still be able to explain why those periods are justified, and keep them under review. You must remember to take a proportionate approach, balancing your needs with the impact of retention on individuals’ privacy. Don’t forget that your retention of the data must also always be fair and lawful. When should we review our retention? You should review whether you still need personal data at the end of any standard retention period, and erase or anonymise it unless there is a clear justification for keeping it for longer. Automated systems can flag records for review, or delete information after a pre-determined period. This is particularly useful if you hold many records of the same type. It is also good practice to review your retention of personal data at regular intervals before this, especially if the standard retention period is lengthy or there is potential for a significant impact on individuals. If you don’t have a set retention period for the personal data, you must regularly review whether you still need it. However, there is no firm rule about how regular these reviews must be. Your resources may be a relevant factor here, along with the privacy risk to individuals. The important thing to remember is that you must be able to justify your retention and how often you review it. You must also review whether you still need personal data if the individual asks you to. Individuals have the absolute right to erasure of personal data that you no longer need for your specified purposes. What should we do with personal data that we no longer need? Example An employer receives several applications for a job vacancy. Unless there is a clear business reason for doing so, the employer should not keep recruitment records for unsuccessful applicants beyond the statutory period in which a claim arising from the recruitment process may be brought.02 August 2018 - 1.0.248 44 You can either erase (delete) it, or anonymise it. You need to remember that there is a significant difference between permanently deleting personal data, and taking it offline. If personal data is stored offline, this should reduce its availability and the risk of misuse or mistake. However, you are still processing personal data. You should only store it offline (rather than delete it) if you can still justify holding it. You must be prepared to respond to subject access requests for personal data stored offline, and you must still comply with all the other principles and rights. The word ‘deletion’ can mean different things in relation to electronic data, and we recognise it is not always possible to delete or erase all traces of the data. The key issue is to ensure you put the data beyond use. If it is appropriate to delete personal data from a live system, you should also delete it from any back-up of the information on that system. Alternatively, you can anonymise the data so that it is no longer “in a form which permits identification of data subjects”. Personal data that has been pseudonymised – eg key-coded – will usually still permit identification. Pseudonymisation can be a useful tool for compliance with other principles such as data minimisation and security, but the storage limitation principle still applies. How long can we keep personal data for archiving, research or statistical purposes? You can keep personal data indefinitely if you are holding it only for: archiving purposes in the public interest; scientific or historical research purposes; or statistical purposes. Although the general rule is that you cannot hold personal data indefinitely ‘just in case’ it might be useful in future, there is an inbuilt exception if you are keeping it for these archiving, research or statistical purposes. You must have appropriate safeguards in place to protect individuals. For example, pseudonymisation may be appropriate in some cases. This must be your only purpose. If you justify indefinite retention on this basis, you cannot later use that data for another purpose - in particular for any decisions affecting particular individuals. This does not prevent other organisations from accessing public archives, but they must ensure their own collection and use of the personal data complies with the principles.Further reading We produced detailed guidance on the issues surrounding deletion under the 1998 Act. This will be updated for the GDPR in due course, but in the meantime still offers useful guidance on the practical issues surrounding deletion: Deleting personal data 02 August 2018 - 1.0.248 45 How does this apply to data sharing? If you share personal data with other organisations, you should agree between you what happens once you no longer need to share the data. In some cases, it may be best to return the shared data to the organisation that supplied it without keeping a copy. In other cases, all of the organisations involved should delete their copies of the personal data. The organisations involved in an information-sharing initiative may each need to set their own retention periods, because some may have good reasons to retain personal data for longer than others. However, if you all only hold the data for the purposes of the data-sharing initiative and it is no longer needed for that initiative, then all organisations with copies of the information should delete it. Further Reading Example Personal data about the customers of Company A is shared with Company B, which is negotiating to buy Company A’s business. The companies arrange for Company B to keep the information confidential, and use it only in connection with the proposed transaction. The sale does not go ahead and Company B returns the customer information to Company A without keeping a copy. Relevant provisions in the GDPR - See Articles 5(1)(e), 17(1)(a), 30(1)(f) and 89, and Recital 39  External link Further reading – ICO guidance Read our guidance on documentation and the right to erasure02 August 2018 - 1.0.248 46 Integrity and confidentiality (security) You must ensure that you have appropriate security measures in place to protect the personal data you hold. This is the ‘integrity and confidentiality’ principle of the GDPR – also known as the security principle. For more information, see the security section of this guide.02 August 2018 - 1.0.248 47 Accountability principle The accountability principle requires you to take responsibility for what you do with personal data and how you comply with the other principles. You must have appropriate measures and records in place to be able to demonstrate your compliance. For more information, see the accountability and governance section of this guide.02 August 2018 - 1.0.248 48 Lawful basis for processing At a glance You must have a valid lawful basis in order to process personal data. There are six available lawful bases for processing. No single basis is ’better’ or more important than the others – which basis is most appropriate to use will depend on your purpose and relationship with the individual. Most lawful bases require that processing is ‘necessary’. If you can reasonably achieve the same purpose without the processing, you won’t have a lawful basis. You must determine your lawful basis before you begin processing, and you should document it. Take care to get it right first time - you should not swap to a different lawful basis at a later date without good reason. In particular, you cannot usually swap from consent to a different basis. Your privacy notice should include your lawful basis for processing as well as the purposes of the processing. If your purposes change, you may be able to continue processing under the original lawful basis if your new purpose is compatible with your initial purpose (unless your original lawful basis was consent). If you are processing special category data you need to identify both a lawful basis for general processing and an additional condition for processing this type of data. If you are processing criminal conviction data or data about offences you need to identify both a lawful basis for general processing and an additional condition for processing this type of data. Checklist02 August 2018 - 1.0.248 49 In brief What’s new? Why is the lawful basis for processing important? What are the lawful bases? When is processing ‘necessary’? How do we decide which lawful basis applies? When should we decide on our lawful basis? What happens if we have a new purpose? How should we document our lawful basis? What do we need to tell people? What about special category data? What about criminal conviction data? What's new? The requirement to have a lawful basis in order to process personal data is not new. It replaces and mirrors the previous requirement to satisfy one of the ‘conditions for processing’ under the Data Protection Act 1998 (the 1998 Act). However, the GDPR places more emphasis on being accountable for and transparent about your lawful basis for processing. The six lawful bases for processing are broadly similar to the old conditions for processing, although there are some differences. You now need to review your existing processing, identify the most appropriate lawful basis, and check that it applies. In many cases it is likely to be the same as your existing condition for processing.☐ We have reviewed the purposes of our processing activities, and selected the most appropriate lawful basis (or bases) for each activity. ☐ We have checked that the processing is necessary for the relevant purpose, and are satisfied that there is no other reasonable way to achieve that purpose. ☐ We have documented our decision on which lawful basis applies to help us demonstrate compliance. ☐ We have included information about both the purposes of the processing and the lawful basis for the processing in our privacy notice. ☐ Where we process special category data, we have also identified a condition for processing special category data, and have documented this. ☐ Where we process criminal offence data, we have also identified a condition for processing this data, and have documented this.02 August 2018 - 1.0.248 50 The biggest change is for public authorities, who now need to consider the new ‘public task’ basis first for most of their processing, and have more limited scope to rely on consent or legitimate interests. You can choose a new lawful basis if you find that your old condition for processing is no longer appropriate under the GDPR, or decide that a different basis is more appropriate. You should try to get this right first time. Once the GDPR is in effect, it will be much harder to swap between lawful bases at will if you find that your original basis was invalid. You will be in breach of the GDPR if you did not clearly identify the appropriate lawful basis (or bases, if more than one applies) from the start. The GDPR brings in new accountability and transparency requirements. You should therefore make sure you clearly document your lawful basis so that you can demonstrate your compliance in line with Articles 5(2) and 24. You must now inform people upfront about your lawful basis for processing their personal data. You need therefore to communicate this information to individuals by 25 May 2018, and ensure that you include it in all future privacy notices. Further Reading Why is the lawful basis for processing important? The first principle requires that you process all personal data lawfully, fairly and in a transparent manner. Processing is only lawful if you have a lawful basis under Article 6. And to comply with the accountability principle in Article 5(2), you must be able to demonstrate that a lawful basis applies. If no lawful basis applies to your processing, your processing will be unlawful and in breach of the first principle. Individuals also have the right to erase personal data which has been processed unlawfully. The individual’s right to be informed under Article 13 and 14 requires you to provide people with information about your lawful basis for processing. This means you need to include these details in your privacy notice. The lawful basis for your processing can also affect which rights are available to individuals. For example, some rights will not apply: Relevant provisions in the GDPR - See Article 6 and Recital 171, and Article 5(2)  External link02 August 2018 - 1.0.248 51 However, an individual always has the right to object to processing for the purposes of direct marketing, whatever lawful basis applies. The remaining rights are not always absolute, and there are other rights which may be affected in other ways. For example, your lawful basis may affect how provisions relating to automated decisions and profiling apply, and if you are relying on legitimate interests you need more detail in your privacy notice to comply with the right to be informed. Please read the section of this Guide on individuals’ rights for full details. Further Reading What are the lawful bases for processing? The lawful bases for processing are set out in Article 6 of the GDPR. At least one of these must apply whenever you process personal data: (a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose. (b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.Relevant provisions in the GDPR - See Article 6 and Recitals 39, 40, and Chapter III (Rights of the data subject)  External link02 August 2018 - 1.0.248 52 (c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations). (d) Vital interests: the processing is necessary to protect someone’s life. (e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. (f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.) For more detail on each lawful basis, read the relevant page of this guide. Further Reading When is processing ‘necessary’? Many of the lawful bases for processing depend on the processing being “necessary”. This does not mean that processing always has to be essential. However, it must be a targeted and proportionate way of achieving the purpose. The lawful basis will not apply if you can reasonably achieve the purpose by some other less intrusive means. It is not enough to argue that processing is necessary because you have chosen to operate your business in a particular way. The question is whether the processing is a necessary for the stated purpose, not whether it is a necessary part of your chosen method of pursuing that purpose. How do we decide which lawful basis applies? This depends on your specific purposes and the context of the processing. You should consider which lawful basis best fits the circumstances. You might consider that more than one basis applies, in which case you should identify and document all of them from the start. You must not adopt a one-size-fits-all approach. No one basis should be seen as always better, safer or more important than the others, and there is no hierarchy in the order of the list in the GDPR. You may need to consider a variety of factors, including: What is your purpose – what are you trying to achieve? Can you reasonably achieve it in a different way? Do you have a choice over whether or not to process the data? Are you a public authority? Several of the lawful bases relate to a particular specified purpose – a legal obligation, a contract with the individual, protecting someone’s vital interests, or performing your public tasks. If you are processing for these purposes then the appropriate lawful basis may well be obvious, so it is helpful toRelevant provisions in the GDPR - See Article 6(1), Article 6(2) and Recital 40  External link02 August 2018 - 1.0.248 53 consider these first. If you are a public authority and can demonstrate that the processing is to perform your tasks as set down in UK law, then you are able to use the public task basis. If not, you may still be able to consider consent or legitimate interests in some cases, depending on the nature of the processing and your relationship with the individual. There is no absolute ban on public authorities using consent or legitimate interests as their lawful basis, but the GDPR does restrict public authorities’ use of these two bases. The Data Protection Act 2018 says that ‘public authority’ here means a public authority under the Freedom of Information Act or Freedom of Information (Scotland) Act – with the exception of parish and community councils. If you are processing for purposes other than legal obligation, contract, vital interests or public task, then the appropriate lawful basis may not be so clear cut. In many cases you are likely to have a choice between using legitimate interests or consent. You need to give some thought to the wider context, including: Who does the processing benefit? Would individuals expect this processing to take place? What is your relationship with the individual? Are you in a position of power over them? What is the impact of the processing on the individual? Are they vulnerable? Are some of the individuals concerned likely to object? Are you able to stop the processing at any time on request? You may prefer to consider legitimate interests as your lawful basis if you wish to keep control over the processing and take responsibility for demonstrating that it is in line with people’s reasonable expectations and wouldn’t have an unwarranted impact on them. On the other hand, if you prefer to give individuals full control over and responsibility for their data (including the ability to change their Example A university that wants to process personal data may consider a variety of lawful bases depending on what it wants to do with the data. Universities are classified as public authorities, so the public task basis is likely to apply to much of their processing, depending on the detail of their constitutions and legal powers. If the processing is separate from their tasks as a public authority, then the university may instead wish to consider whether consent or legitimate interests are appropriate in the particular circumstances, considering the factors set out below. For example, a University might rely on public task for processing personal data for teaching and research purposes; but a mixture of legitimate interests and consent for alumni relations and fundraising purposes. The university however needs to consider its basis carefully – it is the controller’s responsibility to be able to demonstrate which lawful basis applies to the particular processing purpose.02 August 2018 - 1.0.248 54 mind as to whether it can continue to be processed), you may want to consider relying on individuals’ consent. Further Reading When should we decide on our lawful basis? You must determine your lawful basis before starting to process personal data. It’s important to get this right first time. If you find at a later date that your chosen basis was actually inappropriate, it will be difficult to simply swap to a different one. Even if a different basis could have applied from the start, retrospectively switching lawful basis is likely to be inherently unfair to the individual and lead to breaches of accountability and transparency requirements. It is therefore important to thoroughly assess upfront which basis is appropriate and document this. It may be possible that more than one basis applies to the processing because you have more than one purpose, and if this is the case then you should make this clear from the start. If there is a genuine change in circumstances or you have a new and unanticipated purpose which means there is a good reason to review your lawful basis and make a change, you need to inform the individual and document the change.In more detail – ICO guidance We have produced the lawful basis interactive guidance tool , to give more tailored guidance on which lawful basis is likely to be most appropriate for your processing activities. Key provisions in the Data Protection Act 2018 - see section 7 (Meaning of ‘public authority’ and ‘public body’)  External link  Example A company decided to process on the basis of consent, and obtained consent from individuals. An individual subsequently decided to withdraw their consent to the processing of their data, as is their right. However, the company wanted to keep processing the data so decided to continue the processing on the basis of legitimate interests. Even if it could have originally relied on legitimate interests, the company cannot do so at a later date – it cannot switch basis when it realised that the original chosen basis was inappropriate (in this case, because it did not want to offer the individual genuine ongoing control). It should have made clear to the individual from the start that it was processing on the basis of legitimate interests. Leading the individual to believe they had a choice is inherently unfair if that choice will be irrelevant. The company must therefore stop processing when the individual withdraws consent.02 August 2018 - 1.0.248 55 Further Reading What happens if we have a new purpose? If your purposes change over time or you have a new purpose which you did not originally anticipate, you may not need a new lawful basis as long as your new purpose is compatible with the original purpose. However, the GDPR specifically says this does not apply to processing based on consent. Consent must always be specific and informed. You need to either get fresh consent which specifically covers the new purpose, or find a different basis for the new purpose. If you do get specific consent for the new purpose, you do not need to show it is compatible. In other cases, in order to assess whether the new purpose is compatible with the original purpose you should take into account: any link between your initial purpose and the new purpose; the context in which you collected the data – in particular, your relationship with the individual and what they would reasonably expect; the nature of the personal data – eg is it special category data or criminal offence data; the possible consequences for individuals of the new processing; and whether there are appropriate safeguards - eg encryption or pseudonymisation. This list is not exhaustive and what you need to look at depends on the particular circumstances. As a general rule, if the new purpose is very different from the original purpose, would be unexpected, or would have an unjustified impact on the individual, it is unlikely to be compatible with your original purpose for collecting the data. You need to identify and document a new lawful basis to process the data for that new purpose. The GDPR specifically says that further processing for the following purposes should be considered to be compatible lawful processing operations: archiving purposes in the public interest; scientific research purposes; and statistical purposes. There is a link here to the ‘purpose limitation’ principle in Article 5, which states that “personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes”. Even if the processing for a new purpose is lawful, you will also need to consider whether it is fair and transparent, and give individuals information about the new purpose. Further ReadingRelevant provisions in the GDPR - See Article 6(1) and Recitals 39 and 40  External link02 August 2018 - 1.0.248 56 How should we document our lawful basis? The principle of accountability requires you to be able to demonstrate that you are complying with the GDPR, and have appropriate policies and processes. This means that you need to be able to show that you have properly considered which lawful basis applies to each processing purpose and can justify your decision. You need therefore to keep a record of which basis you are relying on for each processing purpose, and a justification for why you believe it applies. There is no standard form for this, as long as you ensure that what you record is sufficient to demonstrate that a lawful basis applies. This will help you comply with accountability obligations, and will also help you when writing your privacy notices. It is your responsibility to ensure that you can demonstrate which lawful basis applies to the particular processing purpose. Read the accountability section of this guide for more on this topic. There is also further guidance on documenting consent or legitimate interests assessments in the relevant pages of the guide. Further Reading What do we need to tell people? You need to include information about your lawful basis (or bases, if more than one applies) in your privacy notice. Under the transparency provisions of the GDPR, the information you need to give people includes: your intended purposes for processing the personal data; and the lawful basis for the processing. This applies whether you collect the personal data directly from the individual or you collect their data from another source. Read the ‘right to be informed’ section of this guide for more on the transparency requirements of the GDPR. Further Reading Relevant provisions in the GDPR - See Article 6(4), Article 5(1)(b) and Recital 50, Recital 61  External link Relevant provisions in the GDPR - See Articles 5(2) and 24  External link Relevant provisions in the GDPR - See Article 13(1)(c), Article 14(1)(c) and Recital 39  External link02 August 2018 - 1.0.248 57 What about special category data? If you are processing special category data, you need to identify both a lawful basis for processing and a special category condition for processing in compliance with Article 9. You should document both your lawful basis for processing and your special category condition so that you can demonstrate compliance and accountability. Further guidance can be found in the section on special category data. What about criminal offence data? If you are processing data about criminal convictions, criminal offences or related security measures, you need both a lawful basis for processing and a separate condition for processing this data in compliance with Article 10. You should document both your lawful basis for processing and your criminal offence data condition so that you can demonstrate compliance and accountability. Further guidance can be found in the section on criminal offence data. In more detail – ICO guidance We have produced the lawful basis interactive guidance tool , to give tailored guidance on which lawful basis is likely to be most appropriate for your processing activities. 02 August 2018 - 1.0.248 58 Consent At a glance The GDPR sets a high standard for consent. But you often won’t need consent. If consent is difficult, look for a different lawful basis. Consent means offering individuals real choice and control. Genuine consent should put individuals in charge, build trust and engagement, and enhance your reputation. Check your consent practices and your existing consents. Refresh your consents if they don’t meet the GDPR standard. Consent requires a positive opt-in. Don’t use pre-ticked boxes or any other method of default consent. Explicit consent requires a very clear and specific statement of consent. Keep your consent requests separate from other terms and conditions. Be specific and ‘granular’ so that you get separate consent for separate things. Vague or blanket consent is not enough. Be clear and concise. Name any third party controllers who will rely on the consent. Make it easy for people to withdraw consent and tell them how. Keep evidence of consent – who, when, how, and what you told people. Keep consent under review, and refresh it if anything changes. Avoid making consent to processing a precondition of a service. Public authorities and employers will need to take extra care to show that consent is freely given, and should avoid over-reliance on consent. Checklists Asking for consent ☐ We have checked that consent is the most appropriate lawful basis for processing. ☐ We have made the request for consent prominent and separate from our terms and conditions. ☐ We ask people to positively opt in. ☐ We don’t use pre-ticked boxes or any other type of default consent. ☐ We use clear, plain language that is easy to understand. ☐ We specify why we want the data and what we’re going to do with it. ☐ We give separate distinct (‘granular’) options to consent separately to different purposes and02 August 2018 - 1.0.248 59 Recording consent Managing consent In brief What's new? Why is consent important? When is consent appropriate?types of processing. ☐ We name our organisation and any third party controllers who will be relying on the consent. ☐ We tell individuals they can withdraw their consent. ☐ We ensure that individuals can refuse to consent without detriment. ☐ We avoid making consent a precondition of a service. ☐ If we offer online services directly to children, we only seek consent if we have age-verification measures (and parental-consent measures for younger children) in place. ☐ We keep a record of when and how we got consent from the individual. ☐ We keep a record of exactly what they were told at the time. ☐ We regularly review consents to check that the relationship, the processing and the purposes have not changed. ☐ We have processes in place to refresh consent at appropriate intervals, including any parental consents. ☐ We consider using privacy dashboards or other preference-management tools as a matter of good practice. ☐ We make it easy for individuals to withdraw their consent at any time, and publicise how to do so. ☐ We act on withdrawals of consent as soon as we can. ☐ We don’t penalise individuals who wish to withdraw consent.02 August 2018 - 1.0.248 60 What is valid consent? How should we obtain, record and manage consent? What's new? The GDPR sets a high standard for consent, but the biggest change is what this means in practice for your consent mechanisms. The GDPR is clearer that an indication of consent must be unambiguous and involve a clear affirmative action (an opt-in). It specifically bans pre-ticked opt-in boxes. It also requires distinct (‘granular’) consent options for distinct processing operations. Consent should be separate from other terms and conditions and should not generally be a precondition of signing up to a service. You must keep clear records to demonstrate consent. The GDPR gives a specific right to withdraw consent. You need to tell people about their right to withdraw, and offer them easy ways to withdraw consent at any time. Public authorities, employers and other organisations in a position of power may find it more difficult to show valid freely given consent. You need to review existing consents and your consent mechanisms to check they meet the GDPR standard. If they do, there is no need to obtain fresh consent. Why is consent important? Consent is one lawful basis for processing, and explicit consent can also legitimise use of special category data. Consent may also be relevant where the individual has exercised their right to restriction , and explicit consent can legitimise automated decision-making and overseas transfers of data. Genuine consent should put individuals in control, build trust and engagement, and enhance your reputation. Relying on inappropriate or invalid consent could destroy trust and harm your reputation – and may leave you open to large fines. When is consent appropriate? Consent is one lawful basis for processing, but there are alternatives. Consent is not inherently better or more important than these alternatives. If consent is difficult, you should consider using an alternative. Consent is appropriate if you can offer people real choice and control over how you use their data, and want to build their trust and engagement. But if you cannot offer a genuine choice, consent is not appropriate. If you would still process the personal data without consent, asking for consent is misleading and inherently unfair. If you make consent a precondition of a service, it is unlikely to be the most appropriate lawful basis. Public authorities, employers and other organisations in a position of power over individuals should avoid relying on consent unless they are confident they can demonstrate it is freely given.02 August 2018 - 1.0.248 61 What is valid consent? Consent must be freely given; this means giving people genuine ongoing choice and control over how you use their data. Consent should be obvious and require a positive action to opt in. Consent requests must be prominent, unbundled from other terms and conditions, concise and easy to understand, and user-friendly. Consent must specifically cover the controller’s name, the purposes of the processing and the types of processing activity. Explicit consent must be expressly confirmed in words, rather than by any other positive action. There is no set time limit for consent. How long it lasts will depend on the context. You should review and refresh consent as appropriate. How should we obtain, record and manage consent? Make your consent request prominent, concise, separate from other terms and conditions, and easy to understand. Include: the name of your organisation; the name of any third party controllers who will rely on the consent; why you want the data; what you will do with it; and that individuals can withdraw consent at any time. You must ask people to actively opt in. Don’t use pre-ticked boxes, opt-out boxes or other default settings. Wherever possible, give separate (‘granular’) options to consent to different purposes and different types of processing. Keep records to evidence consent – who consented, when, how, and what they were told. Make it easy for people to withdraw consent at any time they choose. Consider using preference- management tools. Keep consents under review and refresh them if anything changes. Build regular consent reviews into your business processes. Further Reading Relevant provisions in the GDPR - See Articles 4(11), 6(1)(a) 7, 8, 9(2)(a) and Recitals 32, 38, 40, 42, 43, 171  External link In more detail - ICO guidance We have produced more detailed guidance on consent .02 August 2018 - 1.0.248 62 We have produced an interactive guidance tool to give tailored guidance on which lawful basis is likely to be most appropriate for your processing activities. In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 adopted Guidelines on consent , which have been endorsed by the EDPB.02 August 2018 - 1.0.248 63 Contract At a glance You can rely on this lawful basis if you need to process someone’s personal data: to fulfil your contractual obligations to them; or because they have asked you to do something before entering into a contract (eg provide a quote). The processing must be necessary. If you could reasonably do what they want without processing their personal data, this basis will not apply. You should document your decision to rely on this lawful basis and ensure that you can justify your reasoning. In brief What’s new? What does the GDPR say? When is the lawful basis for contracts likely to apply? When is processing ‘necessary’ for a contract? What else should we consider? What's new? Very little. The lawful basis for processing necessary for contracts is almost identical to the old condition for processing in paragraph 2 of Schedule 2 of the 1998 Act. You need to review your existing processing so that you can document where you rely on this basis and inform individuals. But in practice, if you are confident that your existing approach complied with the 1998 Act, you are unlikely to need to change your existing basis for processing. What does the GDPR say? Article 6(1)(b) gives you a lawful basis for processing where: When is the lawful basis for contracts likely to apply? “processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”02 August 2018 - 1.0.248 64 You have a lawful basis for processing if: you have a contract with the individual and you need to process their personal data to comply with your obligations under the contract. you haven’t yet got a contract with the individual, but they have asked you to do something as a first step (eg provide a quote) and you need to process their personal data to do what they ask. It does not apply if you need to process one person’s details but the contract is with someone else. It does not apply if you take pre-contractual steps on your own initiative or at the request of a third party. Note that, in this context, a contract does not have to be a formal signed document, or even written down, as long as there is an agreement which meets the requirements of contract law. Broadly speaking, this means that the terms have been offered and accepted, you both intend them to be legally binding, and there is an element of exchange (usually an exchange of goods or services for money, but this can be anything of value). However, this is not a full explanation of contract law, and if in doubt you should seek your own legal advice. When is processing ‘necessary’ for a contract? ‘Necessary’ does not mean that the processing must be essential for the purposes of performing a contract or taking relevant pre-contractual steps. However, it must be a targeted and proportionate way of achieving that purpose. This lawful basis does not apply if there are other reasonable and less intrusive ways to meet your contractual obligations or take the steps requested. The processing must be necessary to deliver your side of the contract with this particular person. If the processing is only necessary to maintain your business model more generally, this lawful basis will not apply and you should consider another lawful basis, such as legitimate interests. Example An individual shopping around for car insurance requests a quotation. The insurer needs to process certain data in order to prepare the quotation, such as the make and age of the car.02 August 2018 - 1.0.248 65 This does not mean that processing which is not necessary for the contract is automatically unlawful, but rather that you need to look for a different lawful basis. What else should we consider? If the processing is necessary for a contract with the individual, processing is lawful on this basis and you do not need to get separate consent. If processing of special category data is necessary for the contract, you also need to identify a separate condition for processing this data. Read our guidance on special category data for more information. If the contract is with a child under 18, you need to consider whether they have the necessary competence to enter into a contract. If you have doubts about their competence, you may wish to consider an alternative basis such as legitimate interests, which can help you to demonstrate that the child’s rights and interests are properly considered and protected. Read our guidance on children and the GDPR for more information. If the processing is not necessary for the contract, you need to consider another lawful basis such as legitimate interests or consent. Note that if you want to rely on consent you will not generally be able to make the processing a condition of the contract. Read our guidance on consent for more information. If you are processing on the basis of contract, the individual’s right to object and right not to be subject to a decision based solely on automated processing will not apply. However, the individual will have a right to data portability. Read our guidance on individual rights for more information. Remember to document your decision that processing is necessary for the contract, and include information about your purposes and lawful basis in your privacy notice. Further Reading  Example When a data subject makes an online purchase, a controller processes the address of the individual in order to deliver the goods. This is necessary in order to perform the contract. However, the profiling of an individual’s interests and preferences based on items purchased is not necessary for the performance of the contract and the controller cannot rely on Article 6(1)(b) as the lawful basis for this processing. Even if this type of targeted advertising is a useful part of your customer relationship and is a necessary part of your business model, it is not necessary to perform the contract itself. Relevant provisions in the GDPR - See Article 6(1)(b) and Recital 44  External link02 August 2018 - 1.0.248 66 In more detail - ICO guidance We have produced the lawful basis interactive guidance tool , to give tailored guidance on which lawful basis is likely to be most appropriate for your processing activities.02 August 2018 - 1.0.248 67 Legal obligation At a glance You can rely on this lawful basis if you need to process the personal data to comply with a common law or statutory obligation. This does not apply to contractual obligations. The processing must be necessary. If you can reasonably comply without processing the personal data, this basis does not apply. You should document your decision to rely on this lawful basis and ensure that you can justify your reasoning. You should be able to either identify the specific legal provision or an appropriate source of advice or guidance that clearly sets out your obligation. In brief What’s new? What does the GDPR say? When is the lawful basis for legal obligations likely to apply? When is processing ‘necessary’ for compliance? What else should we consider? What’s new? Very little. The lawful basis for processing necessary for compliance with a legal obligation is almost identical to the old condition for processing in paragraph 3 of Schedule 2 of the 1998 Act. You need to review your existing processing so that you can document where you rely on this basis and inform individuals. But in practice, if you are confident that your existing approach complied with the 1998 Act, you are unlikely to need to change your existing basis for processing. What does the GDPR say? Article 6(1)(c) provides a lawful basis for processing where: When is the lawful basis for legal obligations likely to apply? In short, when you are obliged to process the personal data to comply with the law. “processing is necessary for compliance with a legal obligation to which the controller is subject.”02 August 2018 - 1.0.248 68 Article 6(3) requires that the legal obligation must be laid down by UK or EU law. Recital 41 confirms that this does not have to be an explicit statutory obligation, as long as the application of the law is foreseeable to those individuals subject to it. So it includes clear common law obligations. This does not mean that there must be a legal obligation specifically requiring the specific processing activity. The point is that your overall purpose must be to comply with a legal obligation which has a sufficiently clear basis in either common law or statute. You should be able to identify the obligation in question, either by reference to the specific legal provision or else by pointing to an appropriate source of advice or guidance that sets it out clearly. For example, you can refer to a government website or to industry guidance that explains generally applicable legal obligations. Regulatory requirements also qualify as a legal obligation for these purposes where there is a statutory basis underpinning the regulatory regime and which requires regulated organisations to comply. Example An employer needs to process personal data to comply with its legal obligation to disclose employee salary details to HMRC. The employer can point to the HMRC website where the requirements are set out to demonstrate this obligation. In this situation it is not necessary to cite each specific piece of legislation.  Example A financial institution relies on the legal obligation imposed by the Part 7 of Proceeds of Crime Act 2002 to process personal data in order submit a Suspicious Activity Report to the National Crime Agency when it knows or suspects that a person is engaged in, or attempting, money laundering.  Example A court order may require you to process personal data for a particular purpose and this also qualifies as a legal obligation.  Example02 August 2018 - 1.0.248 69 A contractual obligation does not comprise a legal obligation in this context. You cannot contract out of the requirement for a lawful basis. However, you can look for a different lawful basis. If the contract is with the individual you can consider the lawful basis for contracts. For contracts with other parties, you may want to consider legitimate interests. When is processing ‘necessary’ for compliance? Although the processing need not be essential for you to comply with the legal obligation, it must be a reasonable and proportionate way of achieving compliance. You cannot rely on this lawful basis if you have discretion over whether to process the personal data, or if there is another reasonable way to comply. It is likely to be clear from the law in question whether the processing is actually necessary for compliance. What else should we consider? If you are processing on the basis of legal obligation, the individual has no right to erasure, right to data portability, or right to object. Read our guidance on individual rights for more information. Remember to: document your decision that processing is necessary for compliance with a legal obligation; identify an appropriate source for the obligation in question; and include information about your purposes and lawful basis in your privacy notice. Further Reading The Competition and Markets Authority (CMA) has powers under The Enterprise Act 2002 to make orders to remedy adverse effects on competition, some of which may require the processing of personal data. A retail energy supplier passes customer data to the Gas and Electricity Markets Authority to comply with the CMA’s Energy Market Investigation (Database) Order 2016. The supplier may rely on legal obligation as the lawful basis for this processing. Relevant provisions in the GDPR - See Article 6(1)(c), Recitals 41, 45  External link In more detail - ICO guidance We have produced the lawful basis interactive guidance tool , to give tailored guidance on which lawful basis is likely to be most appropriate for your processing activities.02 August 2018 - 1.0.248 70 02 August 2018 - 1.0.248 71 Vital interests At a glance You are likely to be able to rely on vital interests as your lawful basis if you need to process the personal data to protect someone’s life. The processing must be necessary. If you can reasonably protect the person’s vital interests in another less intrusive way, this basis will not apply. You cannot rely on vital interests for health data or other special category data if the individual is capable of giving consent, even if they refuse their consent. You should consider whether you are likely to rely on this basis, and if so document the circumstances where it will be relevant and ensure you can justify your reasoning. In brief What’s new? What does the GDPR say? What are ‘vital interests’? When is the vital interests basis likely to apply? What else should we consider? What’s new? The lawful basis for vital interests is very similar to the old condition for processing in paragraph 4 of Schedule 2 of the 1998 Act. One key difference is that anyone’s vital interests can now provide a basis for processing, not just those of the data subject themselves. You need to review your existing processing to identify if you have any ongoing processing for this reason, or are likely to need to process for this reason in future. You should then document where you rely on this basis and inform individuals if relevant. What does the GDPR say? Article 6(1)(d) provides a lawful basis for processing where: Recital 46 provides some further guidance: “processing is necessary in order to protect the vital interests of the data subject or of another natural person”.02 August 2018 - 1.0.248 72 What are ‘vital interests’? It’s clear from Recital 46 that vital interests are intended to cover only interests that are essential for someone’s life. So this lawful basis is very limited in its scope, and generally only applies to matters of life and death. When is the vital interests basis likely to apply? It is likely to be particularly relevant for emergency medical care, when you need to process personal data for medical purposes but the individual is incapable of giving consent to the processing. It is less likely to be appropriate for medical care that is planned in advance. Another lawful basis such as public task or legitimate interests is likely to be more appropriate in this case. Processing of one individual’s personal data to protect the vital interests of others is likely to happen more rarely. It may be relevant, for example, if it is necessary to process a parent’s personal data to protect the vital interests of a child. Vital interests is also less likely to be the appropriate basis for processing on a larger scale. Recital 46 does suggest that vital interests might apply where you are processing on humanitarian grounds such as monitoring epidemics, or where there is a natural or man-made disaster causing a humanitarian emergency. However, if you are processing one person’s personal data to protect someone else’s life, Recital 46 also indicates that you should generally try to use an alternative lawful basis, unless none is obviously available. For example, in many cases you could consider legitimate interests, which will give you a framework to balance the rights and interests of the data subject(s) with the vital interests of the person or people you are trying to protect. What else should we consider? “The processing of personal data should also be regarded as lawful where it is necessary to protect an interest which is essential for the life of the data subject or that of another natural person. Processing of personal data based on the vital interest of another natural person should in principle take place only where the processing cannot be manifestly based on another legal basis…”  Example An individual is admitted to the A & E department of a hospital with life-threatening injuries following a serious road accident. The disclosure to the hospital of the individual’s medical history is necessary in order to protect his/her vital interests.02 August 2018 - 1.0.248 73 In most cases the protection of vital interests is likely to arise in the context of health data. This is one of the special categories of data, which means you will also need to identify a condition for processing special category data under Article 9. There is a specific condition at Article 9(2)(c) for processing special category data where necessary to protect someone’s vital interests. However, this only applies if the data subject is physically or legally incapable of giving consent. This means explicit consent is more appropriate in many cases, and you cannot in practice rely on vital interests for special category data (including health data) if the data subject refuses consent, unless they are not competent to do so. Further Reading Relevant provisions in the GDPR - See Article 6(1)(d), Article 9(2)(c), Recital 46  External link In more detail - ICO guidance We have produced the lawful basis interactive guidance tool , to give tailored guidance on which lawful basis is likely to be most appropriate for your processing activities.02 August 2018 - 1.0.248 74 Public task At a glance You can rely on this lawful basis if you need to process personal data: ‘in the exercise of official authority’. This covers public functions and powers that are set out in law; or to perform a specific task in the public interest that is set out in law. It is most relevant to public authorities, but it can apply to any organisation that exercises official authority or carries out tasks in the public interest. You do not need a specific statutory power to process personal data, but your underlying task, function or power must have a clear basis in law. The processing must be necessary. If you could reasonably perform your tasks or exercise your powers in a less intrusive way, this lawful basis does not apply. Document your decision to rely on this basis to help you demonstrate compliance if required. You should be able to specify the relevant task, function or power, and identify its statutory or common law basis. In brief What’s new under the GDPR? What is the ‘public task’ basis? What does ‘laid down by law’ mean? Who can rely on this basis? When can we rely on this basis? What else should we consider? What's new under the GDPR? The public task basis in Article 6(1)(e) may appear new, but it is similar to the old condition for processing for functions of a public nature in Schedule 2 of the Data Protection Act 1998. One key difference is that the GDPR says that the relevant task or function must have a clear basis in law. The GDPR is also clear that public authorities can no longer rely on legitimate interests for processing carried out in performance of their tasks. In the past, some of this type of processing may have been done on the basis of legitimate interests. If you are a public authority, this means you may now need to consider the public task basis for more of your processing. The GDPR also brings in new accountability requirements. You should document your lawful basis so that you can demonstrate that it applies. In particular, you should be able to identify a clear basis in either statute or common law for the relevant task, function or power for which you are using the personal02 August 2018 - 1.0.248 75 data. You must also update your privacy notice to include your lawful basis, and communicate this to individuals. What is the ‘public task’ basis? Article 6(1)(e) gives you a lawful basis for processing where: This can apply if you are either: carrying out a specific task in the public interest which is laid down by law; or exercising official authority (for example, a public body’s tasks, functions, duties or powers) which is laid down by law. If you can show you are exercising official authority, including use of discretionary powers, there is no additional public interest test. However, you must be able to demonstrate that the processing is ‘necessary’ for that purpose. ‘Necessary’ means that the processing must be a targeted and proportionate way of achieving your purpose. You do not have a lawful basis for processing if there is another reasonable and less intrusive way to achieve the same result. In this guide we use the term ‘public task’ to help describe and label this lawful basis. However, this is not a term used in the GDPR itself. Your focus should be on demonstrating either that you are carrying out a task in the public interest, or that you are exercising official authority. In particular, there is no direct link to the concept of ‘public task’ in the Re-use of Public Sector Information Regulations 2015 (RPSI). There is some overlap, as a public sector body’s core role and functions for RPSI purposes may be a useful starting point in demonstrating official authority for these purposes. However, you shouldn’t assume that it is an identical test. See our Guide to RPSI for more on public task in the context of RPSI. What does ‘laid down by law’ mean? Article 6(3) requires that the relevant task or authority must be laid down by domestic or EU law. This will most often be a statutory function. However, Recital 41 clarifies that this does not have to be an explicit statutory provision, as long as the application of the law is clear and foreseeable. This means that it includes clear common law tasks, functions or powers as well as those set out in statute or statutory guidance. You do not need specific legal authority for the particular processing activity. The point is that your overall purpose must be to perform a public interest task or exercise official authority, and that overall “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”02 August 2018 - 1.0.248 76 task or authority has a sufficiently clear basis in law. Who can rely on this basis? Any organisation who is exercising official authority or carrying out a specific task in the public interest. The focus is on the nature of the function, not the nature of the organisation. However, if you are a private sector organisation you are likely to be able to consider the legitimate interests basis as an alternative. See the main lawful basis page of this guide for more on how to choose the most appropriate basis. When can we rely on this basis? Section 8 of the Data Protection Act 2018 (DPA 2018) says that the public task basis will cover processing necessary for: the administration of justice; parliamentary functions; statutory functions; governmental functions; or activities that support or promote democratic engagement. However, this is not intended as an exhaustive list. If you have other official non-statutory functions or public interest tasks you can still rely on the public task basis, as long as the underlying legal basis for that function or task is clear and foreseeable. For accountability purposes, you should be able to specify the relevant task, function or power, and identify its basis in common law or statute. You should also ensure that you can demonstrate there is no other reasonable and less intrusive means to achieve your purpose. What else should we consider? Individuals’ rights to erasure and data portability do not apply if you are processing on the basis of public task. However, individuals do have a right to object. See our guidance on individual rights for Example Private water companies are likely to be able to rely on the public task basis even if they do not fall within the definition of a public authority in the Data Protection Act 2018. This is because they are considered to be carrying out functions of public administration and they exercise special legal powers to carry out utility services in the public interest. See our guidance on Public authorities under the EIR for more details.02 August 2018 - 1.0.248 77 more information. You should consider an alternative lawful basis if you are not confident that processing is necessary for a relevant task, function or power which is clearly set out in law. If you are a public authority (as defined in the Data Protection Act 2018), your ability to rely on consent or legitimate interests as an alternative basis is more limited, but they may be available in some circumstances. In particular, legitimate interests is still available for processing which falls outside your tasks as a public authority. Other lawful bases may also be relevant. See our guidance on the other lawful bases for more information. Remember that the GDPR specifically says that further processing for certain purposes should be considered to be compatible with your original purpose. This means that if you originally processed the personal data for a relevant task or function, you do not need a separate lawful basis for any further processing for: archiving purposes in the public interest; scientific research purposes; or statistical purposes. If you are processing special category data, you also need to identify an additional condition for processing this type of data. The Data Protection Act 2018 includes specific conditions for parliamentary, statutory or governmental functions in the substantial public interest. Read the special category data page of this guide for our latest guidance on these provisions. To help you meet your accountability and transparency obligations, remember to: document your decision that the processing is necessary for you to perform a task in the public interest or exercise your official authority; identify the relevant task or authority and its basis in common law or statute; and include basic information about your purposes and lawful basis in your privacy notice. Further reading Relevant provisions in the GDPR - See Article 6(1)(e) and 6(3), and Recitals 41, 45 and 50  External link Relevant provisions in the Data Protection Act 2018 - See sections 7 and 8, and Schedule 1 paras 6 and 7 External link In more detail – ICO guidance We are planning to develop more detailed guidance on this topic. We have produced the lawful basis interactive guidance tool , to give tailored guidance on which lawful basis is likely to be most appropriate for your processing activities.02 August 2018 - 1.0.248 78 02 August 2018 - 1.0.248 79 Legitimate interests At a glance Legitimate interests is the most flexible lawful basis for processing, but you cannot assume it will always be the most appropriate. It is likely to be most appropriate where you use people’s data in ways they would reasonably expect and which have a minimal privacy impact, or where there is a compelling justification for the processing. If you choose to rely on legitimate interests, you are taking on extra responsibility for considering and protecting people’s rights and interests. Public authorities can only rely on legitimate interests if they are processing for a legitimate reason other than performing their tasks as a public authority. There are three elements to the legitimate interests basis. It helps to think of this as a three-part test. You need to: identify a legitimate interest; show that the processing is necessary to achieve it; and balance it against the individual’s interests, rights and freedoms. The legitimate interests can be your own interests or the interests of third parties. They can include commercial interests, individual interests or broader societal benefits. The processing must be necessary. If you can reasonably achieve the same result in another less intrusive way, legitimate interests will not apply. You must balance your interests against the individual’s. If they would not reasonably expect the processing, or if it would cause unjustified harm, their interests are likely to override your legitimate interests. Keep a record of your legitimate interests assessment (LIA) to help you demonstrate compliance if required. You must include details of your legitimate interests in your privacy information. Checklists ☐ We have checked that legitimate interests is the most appropriate basis. ☐ We understand our responsibility to protect the individual’s interests. ☐ We have conducted a legitimate interests assessment (LIA) and kept a record of it, to ensure that we can justify our decision. ☐ We have identified the relevant legitimate interests. ☐ We have checked that the processing is necessary and there is no less intrusive way to achieve the same result.02 August 2018 - 1.0.248 80 In brief What's new under the GDPR? What is the 'legitimate interests' basis? When can we rely on legitimate interests? How can we apply legitimate interests in practice? What else do we need to consider? Wha t’s new under the GDPR? The concept of legitimate interests as a lawful basis for processing is essentially the same as the equivalent Schedule 2 condition in the 1998 Act, with some changes in detail. You can now consider the legitimate interests of any third party, including wider benefits to society. And when weighing against the individual’s interests, the focus is wider than the emphasis on ‘unwarranted prejudice’ to the individual in the 1998 Act. For example, unexpected processing is likely to affect whether the individual’s interests override your legitimate interests, even without specific harm. The GDPR is clearer that you must give particular weight to protecting children’s data. Public authorities are more limited in their ability to rely on legitimate interests, and should consider the ‘public task’ basis instead for any processing they do to perform their tasks as a public authority. Legitimate interests may still be available for other legitimate processing outside of those tasks. The biggest change is that you need to document your decisions on legitimate interests so that you can demonstrate compliance under the new GDPR accountability principle. You must also include more information in your privacy information .☐ We have done a balancing test, and are confident that the individual’s interests do not override those legitimate interests. ☐ We only use individuals’ data in ways they would reasonably expect, unless we have a very good reason. ☐ We are not using people’s data in ways they would find intrusive or which could cause them harm, unless we have a very good reason. ☐ If we process children’s data, we take extra care to make sure we protect their interests. ☐ We have considered safeguards to reduce the impact where possible. ☐ We have considered whether we can offer an opt out. ☐ If our LIA identifies a significant privacy impact, we have considered whether we also need to conduct a DPIA. ☐ We keep our LIA under review, and repeat it if circumstances change. ☐ We include information about our legitimate interests in our privacy information.02 August 2018 - 1.0.248 81 In the run up to 25 May 2018, you need to review your existing processing to identify your lawful basis and document where you rely on legitimate interests, update your privacy information , and communicate it to individuals. What is the ‘legitimate interests’ basis? Article 6(1)(f) gives you a lawful basis for processing where: This can be broken down into a three-part test: Purpose test: are you pursuing a legitimate interest? 1. Necessity test: is the processing necessary for that purpose? 2. Balancing test: do the individual’s interests override the legitimate interest? 3. A wide range of interests may be legitimate interests. They can be your own interests or the interests of third parties, and commercial interests as well as wider societal benefits. They may be compelling or trivial, but trivial interests may be more easily overridden in the balancing test. The GDPR specifically mentions use of client or employee data, marketing, fraud prevention, intra-group transfers, or IT security as potential legitimate interests, but this is not an exhaustive list. It also says that you have a legitimate interest in disclosing information about possible criminal acts or security threats to the authorities. ‘Necessary’ means that the processing must be a targeted and proportionate way of achieving your purpose. You cannot rely on legitimate interests if there is another reasonable and less intrusive way to achieve the same result. You must balance your interests against the individual’s interests. In particular, if they would not reasonably expect you to use data in that way, or it would cause them unwarranted harm, their interests are likely to override yours. However, your interests do not always have to align with the individual’s interests. If there is a conflict, your interests can still prevail as long as there is a clear justification for the impact on the individual. When can we rely on legitimate interests? Legitimate interests is the most flexible lawful basis, but you cannot assume it will always be appropriate for all of your processing. If you choose to rely on legitimate interests, you take on extra responsibility for ensuring people’s rights and interests are fully considered and protected. Legitimate interests is most likely to be an appropriate basis where you use data in ways that people “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”02 August 2018 - 1.0.248 82 would reasonably expect and that have a minimal privacy impact. Where there is an impact on individuals, it may still apply if you can show there is an even more compelling benefit to the processing and the impact is justified. You can rely on legitimate interests for marketing activities if you can show that how you use people’s data is proportionate, has a minimal privacy impact, and people would not be surprised or likely to object – but only if you don’t need consent under PECR. See our Guide to PECR for more on when you need consent for electronic marketing. You can consider legitimate interests for processing children’s data, but you must take extra care to make sure their interests are protected. See our detailed guidance on children and the GDPR . You may be able to rely on legitimate interests in order to lawfully disclose personal data to a third party. You should consider why they want the information, whether they actually need it, and what they will do with it. You need to demonstrate that the disclosure is justified, but it will be their responsibility to determine their lawful basis for their own processing. You should avoid using legitimate interests if you are using personal data in ways people do not understand and would not reasonably expect, or if you think some people would object if you explained it to them. You should also avoid this basis for processing that could cause harm, unless you are confident there is nevertheless a compelling reason to go ahead which justifies the impact. If you are a public authority, you cannot rely on legitimate interests for any processing you do to perform your tasks as a public authority. However, if you have other legitimate purposes outside the scope of your tasks as a public authority, you can consider legitimate interests where appropriate. This will be particularly relevant for public authorities with commercial interests. See our guidance page on the lawful basis for more information on the alternatives to legitimate interests, and how to decide which basis to choose. How can we apply legitimate interests in practice? If you want to rely on legitimate interests, you can use the three-part test to assess whether it applies. We refer to this as a legitimate interests assessment (LIA) and you should do it before you start the processing. An LIA is a type of light-touch risk assessment based on the specific context and circumstances. It will help you ensure that your processing is lawful. Recording your LIA will also help you demonstrate compliance in line with your accountability obligations under Articles 5(2) and 24. In some cases an LIA will be quite short, but in others there will be more to consider. First, identify the legitimate interest(s). Consider: Why do you want to process the data – what are you trying to achieve? Who benefits from the processing? In what way? Are there any wider public benefits to the processing? How important are those benefits? What would the impact be if you couldn’t go ahead? Would your use of the data be unethical or unlawful in any way? Second, apply the necessity test. Consider:02 August 2018 - 1.0.248 83 Does this processing actually help to further that interest? Is it a reasonable way to go about it? Is there another less intrusive way to achieve the same result? Third, do a balancing test. Consider the impact of your processing and whether this overrides the interest you have identified. You might find it helpful to think about the following: What is the nature of your relationship with the individual? Is any of the data particularly sensitive or private? Would people expect you to use their data in this way? Are you happy to explain it to them? Are some people likely to object or find it intrusive? What is the possible impact on the individual? How big an impact might it have on them? Are you processing children’s data? Are any of the individuals vulnerable in any other way? Can you adopt any safeguards to minimise the impact? Can you offer an opt-out? You then need to make a decision about whether you still think legitimate interests is an appropriate basis. There’s no foolproof formula for the outcome of the balancing test – but you must be confident that your legitimate interests are not overridden by the risks you have identified. Keep a record of your LIA and the outcome. There is no standard format for this, but it’s important to record your thinking to help show you have proper decision-making processes in place and to justify the outcome. Keep your LIA under review and refresh it if there is a significant change in the purpose, nature or context of the processing. If you are not sure about the outcome of the balancing test, it may be safer to look for another lawful basis. Legitimate interests will not often be the most appropriate basis for processing which is unexpected or high risk. If your LIA identifies significant risks, consider whether you need to do a DPIA to assess the risk and potential mitigation in more detail. See our guidance on DPIAs for more on this. What else do we need to consider? You must tell people in your privacy information that you are relying on legitimate interests, and explain what these interests are. If you want to process the personal data for a new purpose, you may be able to continue processing under legitimate interests as long as your new purpose is compatible with your original purpose. We would still recommend that you conduct a new LIA, as this will help you demonstrate compatibility. If you rely on legitimate interests, the right to data portability does not apply.02 August 2018 - 1.0.248 84 If you are relying on legitimate interests for direct marketing, the right to object is absolute and you must stop processing when someone objects. For other purposes, you must stop unless you can show that your legitimate interests are compelling enough to override the individual’s rights. See our guidance on individual rights for more on this. Further Reading Relevant provisions in the GDPR - See Article 6(1)(f) and Recitals 47, 48 and 49  External link In more detail – ICO guidance We have produced more detailed guidance on legitimate interests We have produced the lawful basis interactive guidance tool , to give tailored guidance on which lawful basis is likely to be most appropriate for your processing activities. In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. There are no immediate plans for EDPB guidance on legitimate interests under the GDPR, but WP29 Opinion 06/2014 (9 April 2014) gives detailed guidance on the key elements of the similar legitimate interests provisions under the previous Data Protection Directive 95/46/EC.02 August 2018 - 1.0.248 85 Special category data At a glance Special category data is personal data which the GDPR says is more sensitive, and so needs more protection. In order to lawfully process special category data, you must identify both a lawful basis under Article 6 and a separate condition for processing special category data under Article 9. These do not have to be linked. There are ten conditions for processing special category data in the GDPR itself, but the Data Protection Act 2018 introduces additional conditions and safeguards. You must determine your condition for processing special category data before you begin this processing under the GDPR, and you should document it. In brief What's new? What's different about special category data? What are the conditions for processing special category data? What's new? Special category data is broadly similar to the concept of sensitive personal data under the 1998 Act. The requirement to identify a specific condition for processing this type of data is also very similar. One change is that the GDPR includes genetic data and some biometric data in the definition. Another is that it does not include personal data relating to criminal offences and convictions, as there are separate and specific safeguards for this type of data in Article 10. The conditions for processing special category data under the GDPR in the UK are broadly similar to the Schedule 3 conditions under the 1998 Act for the processing of sensitive personal data. More detailed guidance on the new special category conditions in the Data Protection Act 2018 - and how they differ from existing Schedule 3 conditions - will follow in due course. What’s different about special category data? You must still have a lawful basis for your processing under Article 6, in exactly the same way as for any other personal data. The difference is that you will also need to satisfy a specific condition under Article 9. This is because special category data is more sensitive, and so needs more protection. For example, information about an individual’s: race; ethnic origin;02 August 2018 - 1.0.248 86 politics; religion; trade union membership; genetics; biometrics (where used for ID purposes); health; sex life; or sexual orientation. In particular, this type of data could create more significant risks to a person’s fundamental rights and freedoms. For example, by putting them at risk of unlawful discrimination. Your choice of lawful basis under Article 6 does not dictate which special category condition you must apply, and vice versa. For example, if you use consent as your lawful basis, you are not restricted to using explicit consent for special category processing under Article 9. You should choose whichever special category condition is the most appropriate in the circumstances – although in many cases there may well be an obvious link between the two. For example, if your lawful basis is vital interests, it is highly likely that the Article 9 condition for vital interests will also be appropriate. What are the conditions for processing special category data? The conditions are listed in Article 9(2) of the GDPR:  (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; (b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject; (c) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; (d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects; (e) processing relates to personal data which are manifestly made public by the data subject; (f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;02 August 2018 - 1.0.248 87 You need to read these alongside the Data Protection Act 2018, which adds more specific conditions and safeguards: Schedule 1 Part 1 contains specific conditions for the various employment, health and research purposes under Articles 9(2)(b), (h), (i) and (j). Schedule 1 Part 2 contains specific ‘substantial public interest’ conditions for Article 9(2)(g). In some cases you must also have an ‘appropriate policy document’ in place to rely on these conditions. Now that the detail of these provisions has been finalised, we are working on more detailed guidance in this area. Further reading(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3; (i) processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; (j) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject. Relevant provisions in the GDPR - See Article 9(2) and Recital 51  External link Relevant provisions in the Data Protection Act 2018 - See sections 10 and 11 and Schedule 1  External link02 August 2018 - 1.0.248 88 Criminal offence data At a glance To process personal data about criminal convictions or offences, you must have both a lawful basis under Article 6 and either legal authority or official authority for the processing under Article 10. The Data Protection Act 2018 deals with this type of data in a similar way to special category data, and sets out specific conditions providing lawful authority for processing it. You can also process this type of data if you have official authority to do so because you are processing the data in an official capacity. You cannot keep a comprehensive register of criminal convictions unless you do so in an official capacity. You must determine your condition for lawful processing of offence data (or identify your official authority for the processing) before you begin the processing, and you should document this. In brief What's new? What is criminal offence data? What's different about criminal offence data? What does Article 10 say? What’s new? The GDPR rules for sensitive (special category) data do not apply to information about criminal allegations, proceedings or convictions. Instead, there are separate safeguards for personal data relating to criminal convictions and offences, or related security measures, set out in Article 10. Article 10 also specifies that you can only keep a comprehensive register of criminal convictions if you are doing so under the control of official authority. What is criminal offence data? Article 10 applies to personal data relating to criminal convictions and offences, or related security measures. In this guidance, we refer to this as criminal offence data. This concept of criminal offence data includes the type of data about criminal allegations, proceedings or convictions that would have been sensitive personal data under the 1998 Act. However, it is potentially broader than this. In particular, Article 10 specifically extends to personal data linked to related security measures. What’s different about criminal offence data? You must still have a lawful basis for your processing under Article 6, in exactly the same way as for any other personal data. The difference is that if you are processing personal criminal offence data, you will02 August 2018 - 1.0.248 89 also need to comply with Article 10. What does Article 10 say? Article 10 says: This means you must either: process the data in an official capacity; or meet a specific condition in Schedule 1 of the Data Protection Act 2018, and comply with the additional safeguards set out in that Act. Now that the detail of these provisions has been finalised, we are working on more detailed guidance in this area. Even if you have a condition for processing offence data, you can only keep a comprehensive register of criminal convictions if you are doing so in an official capacity. Further reading “Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.” Relevant provisions in the GDPR - see Article 10  External link Relevant provisions in the Data Protection Act 2018 - See sections 10 and 11, and Schedule 1 External link02 August 2018 - 1.0.248 90 Individual rights The GDPR provides the following rights for individuals: The right to be informed1. The right of access2. The right to rectification3. The right to erasure4. The right to restrict processing5. The right to data portability6. The right to object7. Rights in relation to automated decision making and profiling.8. This part of the guide explains these rights.02 August 2018 - 1.0.248 91 Right to be informed At a glance Individuals have the right to be informed about the collection and use of their personal data. This is a key transparency requirement under the GDPR. You must provide individuals with information including: your purposes for processing their personal data, your retention periods for that personal data, and who it will be shared with. We call this ‘privacy information’. You must provide privacy information to individuals at the time you collect their personal data from them. If you obtain personal data from other sources, you must provide individuals with privacy information within a reasonable period of obtaining the data and no later than one month. There are a few circumstances when you do not need to provide people with privacy information, such as if an individual already has the information or if it would involve a disproportionate effort to provide it to them. The information you provide to people must be concise, transparent, intelligible, easily accessible, and it must use clear and plain language. It is often most effective to provide privacy information to people using a combination of different techniques including layering, dashboards, and just-in-time notices. User testing is a good way to get feedback on how effective the delivery of your privacy information is. You must regularly review, and where necessary, update your privacy information. You must bring any new uses of an individual’s personal data to their attention before you start the processing. Getting the right to be informed correct can help you to comply with other aspects of the GDPR and build trust with people, but getting it wrong can leave you open to fines and lead to reputational damage. Checklists What to provide We provide individuals with all the following privacy information: ☐ The name and contact details of our organisation. ☐ The name and contact details of our representative (if applicable). ☐ The contact details of our data protection officer (if applicable). ☐ The purposes of the processing.02 August 2018 - 1.0.248 92 ☐ The lawful basis for the processing. ☐ The legitimate interests for the processing (if applicable). ☐ The categories of personal data obtained (if the personal data is not obtained from the individual it relates to). ☐ The recipients or categories of recipients of the personal data. ☐ The details of transfers of the personal data to any third countries or international organisations (if applicable). ☐ The retention periods for the personal data. ☐ The rights available to individuals in respect of the processing. ☐ The right to withdraw consent (if applicable). ☐ The right to lodge a complaint with a supervisory authority. ☐ The source of the personal data (if the personal data is not obtained from the individual it relates to). ☐ The details of whether individuals are under a statutory or contractual obligation to provide the personal data (if applicable, and if the personal data is collected from the individual it relates to). ☐ The details of the existence of automated decision-making, including profiling (if applicable). When to provide it ☐ We provide individuals with privacy information at the time we collect their personal data from them. If we obtain personal data from a source other than the individual it relates to, we provide them with privacy information: ☐ within a reasonable of period of obtaining the personal data and no later than one month; ☐ if we plan to communicate with the individual, at the latest, when the first communication takes place; or ☐ if we plan to disclose the data to someone else, at the latest, when the data is disclosed. How to provide it We provide the information in a way that is: ☐ concise; ☐ transparent; ☐ intelligible; ☐ easily accessible; and02 August 2018 - 1.0.248 93 In brief What’s new under the GDPR? What is the right to be informed and why is it important? What privacy information should we provide to individuals? When should we provide privacy information to individuals? How should we draft our privacy information? How should we provide privacy information to individuals? Should we test, review and update our privacy information? What’s new under the GDPR? The GDPR is more specific about the information you need to provide to people about what you do with their personal data.☐ uses clear and plain language. Changes to the information ☐ We regularly review and, where necessary, update our privacy information. ☐ If we plan to use personal data for a new purpose, we update our privacy information and communicate the changes to individuals before starting any new processing. Best practice – drafting the information ☐ We undertake an information audit to find out what personal data we hold and what we do with it. ☐ We put ourselves in the position of the people we’re collecting information about. ☐ We carry out user testing to evaluate how effective our privacy information is. Best practice – delivering the information When providing our privacy information to individuals, we use a combination of appropriate techniques, such as: ☐ a layered approach; ☐ dashboards; ☐ just-in-time notices; ☐ icons; and ☐ mobile and smart device functionalities.02 August 2018 - 1.0.248 94 You must actively provide this information to individuals in a way that is easy to access, read and understand. You should review your current approach for providing privacy information to check it meets the standards of the GDPR. What is the right to be informed and why is it important? The right to be informed covers some of the key transparency requirements of the GDPR. It is about providing individuals with clear and concise information about what you do with their personal data. Articles 13 and 14 of the GDPR specify what individuals have the right to be informed about. We call this ‘privacy information’. Using an effective approach can help you to comply with other aspects of the GDPR, foster trust with individuals and obtain more useful information from them. Getting this wrong can leave you open to fines and lead to reputational damage. What privacy information should we provide to individuals? The table below summarises the information that you must provide. What you need to tell people differs slightly depending on whether you collect personal data from the individual it relates to or obtain it from another source. What information do we need to provide? Personal data collected from individualsPersonal data obtained from other sources The name and contact details of your organisation✓✓✓✓ ✓✓✓✓ The name and contact details of your representative✓✓✓✓ ✓✓✓✓ The contact details of your data protection officer✓✓✓✓ ✓✓✓✓ The purposes of the processing ✓✓✓✓ ✓✓✓✓ The lawful basis for the processing ✓✓✓✓ ✓✓✓✓ The legitimate interests for the processing ✓✓✓✓ ✓✓✓✓ The categories of personal data obtained ✓✓✓✓ The recipients or categories of recipients of the personal data✓✓✓✓ ✓✓✓✓ The details of transfers of the personal data to any third countries or international organisations✓✓✓✓ ✓✓✓✓ 02 August 2018 - 1.0.248 95 The retention periods for the personal data ✓✓✓✓ ✓✓✓✓ The rights available to individuals in respect of the processing✓✓✓✓ ✓✓✓✓ The right to withdraw consent ✓✓✓✓ ✓✓✓✓ The right to lodge a complaint with a supervisory authority✓✓✓✓ ✓✓✓✓ The source of the personal data ✓✓✓✓ The details of whether individuals are under a statutory or contractual obligation to provide the personal data✓✓✓✓ The details of the existence of automated decision-making, including profiling✓✓✓✓ ✓✓✓✓ When should we provide privacy information to individuals? When you collect personal data from the individual it relates to, you must provide them with privacy information at the time you obtain their data. When you obtain personal data from a source other than the individual it relates to, you need to provide the individual with privacy information: within a reasonable period of obtaining the personal data and no later than one month; if you use data to communicate with the individual, at the latest, when the first communication takes place; or if you envisage disclosure to someone else, at the latest, when you disclose the data. You must actively provide privacy information to individuals. You can meet this requirement by putting the information on your website, but you must make individuals aware of it and give them an easy way to access it. When collecting personal data from individuals, you do not need to provide them with any information that they already have. When obtaining personal data from other sources, you do not need to provide individuals with privacy information if: the individual already has the information; providing the information to the individual would be impossible; providing the information to the individual would involve a disproportionate effort; providing the information to the individual would render impossible or seriously impair the achievement of the objectives of the processing; you are required by law to obtain or disclose the personal data; or you are subject to an obligation of professional secrecy regulated by law that covers the personal data.02 August 2018 - 1.0.248 96 How should we draft our privacy information? An information audit or data mapping exercise can help you find out what personal data you hold and what you do with it. You should think about the intended audience for your privacy information and put yourself in their position. If you collect or obtain children’s personal data, you must take particular care to ensure that the information you provide them with is appropriately written, using clear and plain language. For all audiences, you must provide information to them in a way that is: concise; transparent; intelligible; easily accessible; and uses clear and plain language. How should we provide privacy information to individuals? There are a number of techniques you can use to provide people with privacy information. You can use: A layered approach – typically, short notices containing key privacy information that have additional layers of more detailed information. Dashboards – preference management tools that inform people how you use their data and allow them to manage what happens with it. Just-in-time notices – relevant and focused privacy information delivered at the time you collect individual pieces of information about people. Icons – small, meaningful, symbols that indicate the existence of a particular type of data processing. Mobile and smart device functionalities – including pop-ups, voice alerts and mobile device gestures. Consider the context in which you are collecting personal data. It is good practice to use the same medium you use to collect personal data to deliver privacy information. Taking a blended approach, using more than one of these techniques, is often the most effective way to provide privacy information. Should we test, review and update our privacy information? It is good practice to carry out user testing on your draft privacy information to get feedback on how easy it is to access and understand. After it is finalised, undertake regular reviews to check it remains accurate and up to date. If you plan to use personal data for any new purposes, you must update your privacy information and proactively bring any changes to people’s attention.02 August 2018 - 1.0.248 97 The right to be informed in practice If you sell personal data to (or share it with) other organisations: As part of the privacy information you provide, you must tell people who you are giving their information to, unless you are relying on an exception or an exemption. You can tell people the names of the organisations or the categories that they fall within; choose the option that is most meaningful. It is good practice to use a dashboard to let people manage who their data is sold to, or shared with, where they have a choice. If you buy personal data from other organisations: You must provide people with your own privacy information, unless you are relying on an exception or an exemption. If you think that it is impossible to provide privacy information to individuals, or it would involve a disproportionate effort, you must carry out a DPIA to find ways to mitigate the risks of the processing. If your purpose for using the personal data is different to that for which it was originally obtained, you must tell people about this, as well as what your lawful basis is for the processing. Provide people with your privacy information within a reasonable period of buying the data, and no later than one month. If you obtain personal data from publicly accessible sources : You still have to provide people with privacy information, unless you are relying on an exception or an exemption. If you think that it is impossible to provide privacy information to individuals, or it would involve a disproportionate effort, you must carry out a DPIA to find ways to mitigate the risks of the processing. Be very clear with individuals about any unexpected or intrusive uses of personal data, such as combining information about them from a number of different sources. Provide people with privacy information within a reasonable period of obtaining the data, and no later than one month. If you apply Artificial Intelligence (AI) to personal data: Be upfront about it and explain your purposes for using AI. If the purposes for processing are unclear at the outset, give people an indication of what you are going to do with their data. As your processing purposes become clearer, update your privacy information and actively communicate this to people. Inform people about any new uses of personal data before you actually start the processing. If you use AI to make solely automated decisions about people with legal or similarly significant effects, tell them what information you use, why it is relevant and what the likely impact is going to be. Consider using just-in-time notices and dashboards which can help to keep people informed and let them control further uses of their personal data.02 August 2018 - 1.0.248 98 Further Reading Relevant provisions in the GDPR – See Articles 12-14, and Recitals 58 and 60-62  External link In more detail – ICO guidance We have published detailed guidance on the right to be informed . In more detail – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 adopted guidelines on Transparency , which have been endorsed by the EDPB.02 August 2018 - 1.0.248 99 Right of access At a glance Individuals have the right to access their personal data. This is commonly referred to as subject access. Individuals can make a subject access request verbally or in writing. You have one month to respond to a request. You cannot charge a fee to deal with a request in most circumstances. Checklists In brief What is the right of access? What is an individual entitled to? How do we recognise a request?Preparing for subject access requests ☐ We know how to recognise a subject access request and we understand when the right of access applies. ☐ We have a policy for how to record requests we receive verbally. ☐ We understand when we can refuse a request and are aware of the information we need to provide to individuals when we do so. ☐ We understand the nature of the supplementary information we need to provide in response to a subject access request. Complying with subject access requests ☐ We have processes in place to ensure that we respond to a subject access request without undue delay and within one month of receipt. ☐ We are aware of the circumstances when we can extend the time limit to respond to a request. ☐ We understand that there is a particular emphasis on using clear and plain language if we are disclosing information to a child. ☐ We understand what we need to consider if a request includes information about others.02 August 2018 - 1.0.248 100 Should we provide a specially designed form for individuals to make a subject access request? How should we provide the data to individuals? Do we have to explain the contents of the information we send to the individual? Can we charge a fee? How long do we have to comply? Can we extend the time for a response? Can we ask an individual for ID? What about requests for large amounts of personal data? What about requests made on behalf of others? What about requests for information about children? What about data held by credit reference agencies? What should we do if the data includes information about other people? If we use a processor, does this mean they would have to deal with any subject access requests we receive? Can we refuse to comply with a request? What should we do if we refuse to comply with a request? Can I require an individual to make a subject access request? What is the right of access? The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data as well as other supplementary information. It helps individuals to understand how and why you are using their data, and check you are doing it lawfully. What is an individual entitled to? Individuals have the right to obtain the following from you: confirmation that you are processing their personal data; a copy of their personal data; and other supplementary information – this largely corresponds to the information that you should provide in a privacy notice (see ‘Supplementary information’ below). Personal data of the individual An individual is only entitled to their own personal data, and not to information relating to other people (unless the information is also about them or they are acting on behalf of someone). Therefore, it is important that you establish whether the information requested falls within the definition of personal data. For further information about the definition of personal data please see our guidance on what is personal data . Other information02 August 2018 - 1.0.248 101 In addition to a copy of their personal data, you also have to provide individuals with the following information: the purposes of your processing; the categories of personal data concerned; the recipients or categories of recipient you disclose the personal data to; your retention period for storing the personal data or, where this is not possible, your criteria for determining how long you will store it; the existence of their right to request rectification, erasure or restriction or to object to such processing; the right to lodge a complaint with the ICO or another supervisory authority; information about the source of the data, where it was not obtained directly from the individual; the existence of automated decision-making (including profiling); and the safeguards you provide if you transfer personal data to a third country or international organisation. You may be providing much of this information already in your privacy notice. How do we recognise a request? The GDPR does not specify how to make a valid request. Therefore, an individual can make a subject access request to you verbally or in writing. It can also be made to any part of your organisation (including by social media) and does not have to be to a specific person or contact point. A request does not have to include the phrase 'subject access request' or Article 15 of the GDPR, as long as it is clear that the individual is asking for their own personal data. This presents a challenge as any of your employees could receive a valid request. However, you have a legal responsibility to identify that an individual has made a request to you and handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify a request. Additionally, it is good practice to have a policy for recording details of the requests you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request. We also recommend that you keep a log of verbal requests. Should we provide a specially designed form for individuals to make a subject access request? Standard forms can make it easier both for you to recognise a subject access request and for the individual to include all the details you might need to locate the information they want. Recital 59 of the GDPR recommends that organisations ‘provide means for requests to be made electronically, especially where personal data are processed by electronic means’. You should therefore consider designing a subject access form that individuals can complete and submit to you electronically. However, even if you have a form, you should note that a subject access request is valid if it is submitted by any means, so you will still need to comply with any requests you receive in a letter, a standard email or verbally.02 August 2018 - 1.0.248 102 Therefore, although you may invite individuals to use a form, you must make it clear that it is not compulsory and do not try to use this as a way of extending the one month time limit for responding. How should we provide the data to individuals? If an individual makes a request electronically, you should provide the information in a commonly used electronic format, unless the individual requests otherwise. The GDPR includes a best practice recommendation that, where possible, organisations should be able to provide remote access to a secure self-service system which would provide the individual with direct access to his or her information (Recital 63). This will not be appropriate for all organisations, but there are some sectors where this may work well. However, providing remote access should not adversely affect the rights and freedoms of others – including trade secrets or intellectual property. We have received a request but need to amend the data before sending out the response. Should we send out the “old” version? It is our view that a subject access request relates to the data held at the time the request was received. However, in many cases, routine use of the data may result in it being amended or even deleted while you are dealing with the request. So it would be reasonable for you to supply information you hold when you send out a response, even if this is different to that held when you received the request. However, it is not acceptable to amend or delete the data if you would not otherwise have done so. Under the Data Protection Act 2018 (DPA 2018), it is an offence to make any amendment with the intention of preventing its disclosure. Do we have to explain the contents of the information we send to the individual? The GDPR requires that the information you provide to an individual is in a concise, transparent, intelligible and easily accessible form, using clear and plain language. This will be particularly important where the information is addressed to a child. At its most basic, this means that the additional information you provide in response to a request (see the ‘Other information’ section above) should be capable of being understood by the average person (or child). However, you are not required to ensure that that the information is provided in a form that can be understood by the particular individual making the request. For further information about requests made by a child please see the ‘What about requests for information about children?’ section below.  Example An individual makes a request for their personal data. When preparing the response, you notice that a lot of it is in coded form. For example, attendance at a particular training session is logged as “A”, while non-attendance at a similar event is logged as “M”. Also, some of the information is in the form02 August 2018 - 1.0.248 103 Can we charge a fee? In most cases you cannot charge a fee to comply with a subject access request. However, as noted above, where the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request. You can also charge a reasonable fee if an individual requests further copies of their data following a request. You must base the fee on the administrative costs of providing further copies. How long do we have to comply? You must act on the subject access request without undue delay and at the latest within one month of receipt. You should calculate the time limit from the day after you receive the request (whether the day after is a working day or not) until the corresponding calendar date in the next month. If this is not possible because the following month is shorter (and there is no corresponding calendar date), the date for response is the last day of the following month. If the corresponding date falls on a weekend or a public holiday, you have until the next working day to respond.of handwritten notes that are difficult to read. Without access to your key or index to explain this information, it would be impossible for anyone outside your organisation to understand. In this case, you are required to explain the meaning of the coded information. However, although it is good practice to do so, you are not required to decipher the poorly written notes, as the GDPR does not require you to make information legible.  Example You receive a subject access request from someone whose English comprehension skills are quite poor. You send a response and they ask you to translate the information you sent them. You are not required to do this even if the person who receives it cannot understand all of it because it can be understood by the average person. However, it is good practice for you to help individuals understand the information you hold about them.  Example An organisation receives a request on 3 September. The time limit will start from the next day (4 September). This gives the organisation until 4 October to comply with the request.02 August 2018 - 1.0.248 104 This means that the exact number of days you have to comply with a request varies, depending on the month in which the request was made. For practical purposes, if a consistent number of days is required (eg for operational or system purposes), it may be helpful to adopt a 28-day period to ensure compliance is always within a calendar month. Can we extend the time for a response? You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary. However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if: it is manifestly unfounded or excessive; an exemption applies; or you are requesting proof of identity before considering the request. Can we ask an individual for ID? If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information. What about requests for large amounts of personal data? If you process a large amount of information about an individual you can ask them for more information to clarify their request. You should only ask for information that you reasonably need to find the personal data covered by the request. You need to let the individual know as soon as possible that you need more information from them before responding to their request. The period for responding to the request begins when you receive the additional information. However, if an individual refuses to provide any additional information, you Example An organisation receives a request on 30 March. The time limit starts from the next day (31 March). As there is no equivalent date in April, the organisation has until 30 April to comply with the request. If 30 April falls on a weekend, or is a public holiday, the organisation has until the end of the next working day to comply.02 August 2018 - 1.0.248 105 must still endeavour to comply with their request ie by making reasonable searches for the information covered by the request. What about requests made on behalf of others? The GDPR does not prevent an individual making a subject access request via a third party. Often, this will be a solicitor acting on behalf of a client, but it could simply be that an individual feels comfortable allowing someone else to act for them. In these cases, you need to be satisfied that the third party making the request is entitled to act on behalf of the individual, but it is the third party’s responsibility to provide evidence of this entitlement. This might be a written authority to make the request or it might be a more general power of attorney. If you think an individual may not understand what information would be disclosed to a third party who has made a subject access request on their behalf, you may send the response directly to the individual rather than to the third party. The individual may then choose to share the information with the third party after having had a chance to review it. There are cases where an individual does not have the mental capacity to manage their own affairs. Although there are no specific provisions in the GDPR, the Mental Capacity Act 2005 or in the Adults with Incapacity (Scotland) Act 2000 enabling a third party to exercise subject access rights on behalf of such an individual, it is reasonable to assume that an attorney with authority to manage the property and affairs of an individual will have the appropriate authority. The same applies to a person appointed to make decisions about such matters: in England and Wales, by the Court of Protection; in Scotland, by the Sheriff Court; and in Northern Ireland, by the High Court (Office of Care and Protection). What about requests for information about children? Example A building society has an elderly customer who visits a particular branch to make weekly withdrawals from one of her accounts. Over the past few years, she has always been accompanied by her daughter who is also a customer of the branch. The daughter makes a subject access request on behalf of her mother and explains that her mother does not feel up to making the request herself as she does not understand the ins and outs of data protection. As the information held by the building society is mostly financial, it is rightly cautious about giving customer information to a third party. If the daughter had a general power of attorney, the society would be happy to comply. They ask the daughter whether she has such a power, but she does not. Bearing in mind that the branch staff know the daughter and have some knowledge of the relationship she has with her mother, they might consider complying with the request by making a voluntary disclosure. However, the building society is not obliged to do so, and it would not be unreasonable to require more formal authority.02 August 2018 - 1.0.248 106 Even if a child is too young to understand the implications of subject access rights, it is still the right of the child rather than of anyone else such as a parent or guardian. So it is the child who has a right of access to the information held about them, even though in the case of young children these rights are likely to be exercised by those with parental responsibility for them. Before responding to a subject access request for information held about a child, you should consider whether the child is mature enough to understand their rights. If you are confident that the child can understand their rights, then you should usually respond directly to the child. You may, however, allow the parent to exercise the child’s rights on their behalf if the child authorises this, or if it is evident that this is in the best interests of the child. What matters is that the child is able to understand (in broad terms) what it means to make a subject access request and how to interpret the information they receive as a result of doing so. When considering borderline cases, you should take into account, among other things: the child’s level of maturity and their ability to make decisions like this; the nature of the personal data; any court orders relating to parental access or responsibility that may apply; any duty of confidence owed to the child or young person; any consequences of allowing those with parental responsibility access to the child’s or young person’s information. This is particularly important if there have been allegations of abuse or ill treatment; any detriment to the child or young person if individuals with parental responsibility cannot access this information; and any views the child or young person has on whether their parents should have access to information about them. In Scotland, a person aged 12 years or over is presumed to be of sufficient age and maturity to be able to exercise their right of access, unless the contrary is shown. This presumption does not apply in England and Wales or in Northern Ireland, where competence is assessed depending upon the level of understanding of the child, but it does indicate an approach that will be reasonable in many cases. For further information on situations where the request has been made by a child, see our guidance on children and the GDPR . What about data held by credit reference agencies? In the DPA 2018 there are special provisions about the access to personal data held by credit reference agencies. Unless otherwise specified, a subject access request to a credit reference agency only applies to information relating to the individual’s financial standing. Credit reference agencies must also inform individuals of their rights under s.159 of the Consumer Credit Act. What should we do if the data includes information about other people? Responding to a subject access request may involve providing information that relates both to the individual making the request and to another individual. The DPA 2018 says that you do not have to comply with the request if it would mean disclosing information about another individual who can be identified from that information, except if:02 August 2018 - 1.0.248 107 the other individual has consented to the disclosure; or it is reasonable to comply with the request without that individual’s consent. In determining whether it is reasonable to disclose the information, you must take into account all of the relevant circumstances, including: the type of information that you would disclose; any duty of confidentiality you owe to the other individual; any steps you have taken to seek consent from the other individual; whether the other individual is capable of giving consent; and any express refusal of consent by the other individual. So, although you may sometimes be able to disclose information relating to a third party, you need to decide whether it is appropriate to do so in each case. This decision will involve balancing the data subject’s right of access against the other individual’s rights. If the other person consents to you disclosing the information about them, then it would be unreasonable not to do so. However, if there is no such consent, you must decide whether to disclose the information anyway. For the avoidance of doubt, you cannot refuse to provide access to personal data about an individual simply because you obtained that data from a third party. The rules about third party data apply only to personal data which includes both information about the individual who is the subject of the request and information about someone else. If we use a processor, does this mean they would have to deal with any subject access requests we receive? Responsibility for complying with a subject access request lies with you as the controller. You need to ensure that you have contractual arrangements in place to guarantee that subject access requests are dealt with properly, irrespective of whether they are sent to you or to the processor. More information about contracts and liabilities between controllers and processors can be found here. You are not able to extend the one month time limit on the basis that you have to rely on a processor to provide the information that you need to respond. As mentioned above, you can only extend the time limit by two months if the request is complex or you have received a number of requests from the individual. Can we refuse to comply with a request? You can refuse to comply with a subject access request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If you consider that a request is manifestly unfounded or excessive you can: request a "reasonable fee" to deal with the request; or refuse to deal with the request. In either case you need to justify your decision. You should base the reasonable fee on the administrative costs of complying with the request. If you decide to charge a fee you should contact the individual promptly and inform them. You do not need to02 August 2018 - 1.0.248 108 comply with the request until you have received the fee. What should we do if we refuse to comply with a request? You must inform the individual without undue delay and within one month of receipt of the request. You should inform the individual about: the reasons you are not taking action; their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce this right through a judicial remedy. You should also provide this information if you request a reasonable fee or need additional information to identify the individual. Can I require an individual to make a subject access request? In the DPA 2018 it is a criminal offence, in certain circumstances and in relation to certain information, to require an individual to make a subject access request. We will provide further guidance on this offence in due course. Further ReadingIn more detail – Data Protection Act 2018 There are other exemptions from the right of access in the DPA 2018. These exemptions will apply in certain circumstances, broadly associated with why you are processing the data. We will provide guidance on the application of these exemptions in due course. Relevant provisions in the GDPR - See Articles 12, 15 and Recitals 63, 64  External link02 August 2018 - 1.0.248 109 Right to rectification At a glance The GDPR includes a right for individuals to have inaccurate personal data rectified, or completed if it is incomplete. An individual can make a request for rectification verbally or in writing. You have one calendar month to respond to a request. In certain circumstances you can refuse a request for rectification. This right is closely linked to the controller’s obligations under the accuracy principle of the GDPR (Article (5)(1)(d)). Checklists In brief What is the right to rectification? Under Article 16 of the GDPR individuals have the right to have inaccurate personal data rectified. AnPreparing for requests for rectification ☐ We know how to recognise a request for rectification and we understand when this right applies. ☐ We have a policy for how to record requests we receive verbally. ☐ We understand when we can refuse a request and are aware of the information we need to provide to individuals when we do so. Complying with requests for rectification ☐ We have processes in place to ensure that we respond to a request for rectification without undue delay and within one month of receipt. ☐ We are aware of the circumstances when we can extend the time limit to respond to a request. ☐ We have appropriate systems to rectify or complete information, or provide a supplementary statement. ☐ We have procedures in place to inform any recipients if we rectify any data we have shared with them. 02 August 2018 - 1.0.248 110 individual may also be able to have incomplete personal data completed – although this will depend on the purposes for the processing. This may involve providing a supplementary statement to the incomplete data. This right has close links to the accuracy principle of the GDPR (Article 5(1)(d)). However, although you may have already taken steps to ensure that the personal data was accurate when you obtained it, this right imposes a specific obligation to reconsider the accuracy upon request. What do we need to do? If you receive a request for rectification you should take reasonable steps to satisfy yourself that the data is accurate and to rectify the data if necessary. You should take into account the arguments and evidence provided by the data subject. What steps are reasonable will depend, in particular, on the nature of the personal data and what it will be used for. The more important it is that the personal data is accurate, the greater the effort you should put into checking its accuracy and, if necessary, taking steps to rectify it. For example, you should make a greater effort to rectify inaccurate personal data if it is used to make significant decisions that will affect an individual or others, rather than trivial ones. You may also take into account any steps you have already taken to verify the accuracy of the data prior to the challenge by the data subject. When is data inaccurate? The GDPR does not give a definition of the term accuracy. However, the Data Protection Act 2018 (DPA 2018) states that personal data is inaccurate if it is incorrect or misleading as to any matter of fact. What should we do about data that records a mistake? Determining whether personal data is inaccurate can be more complex if the data refers to a mistake that has subsequently been resolved. It may be possible to argue that the record of the mistake is, in itself, accurate and should be kept. In such circumstances the fact that a mistake was made and the correct information should also be included in the individuals data. What should we do about data that records a disputed opinion?  Example If a patient is diagnosed by a GP as suffering from a particular illness or condition, but it is later proved that this is not the case, it is likely that their medical records should record both the initial diagnosis (even though it was later proved to be incorrect) and the final findings. Whilst the medical record shows a misdiagnosis, it is an accurate record of the patient's medical treatment. As long as the medical record contains the up-to-date findings, and this is made clear in the record, it would be difficult to argue that the record is inaccurate and should be rectified.02 August 2018 - 1.0.248 111 It is also complex if the data in question records an opinion. Opinions are, by their very nature, subjective, and it can be difficult to conclude that the record of an opinion is inaccurate. As long as the record shows clearly that the information is an opinion and, where appropriate, whose opinion it is, it may be difficult to say that it is inaccurate and needs to be rectified. What should we do while we are considering the accuracy? Under Article 18 an individual has the right to request restriction of the processing of their personal data where they contest its accuracy and you are checking it. As a matter of good practice, you should restrict the processing of the personal data in question whilst you are verifying its accuracy, whether or not the individual has exercised their right to restriction. For more information, see our guidance on the right to restriction . What should we do if we are satisfied that the data is accurate? You should let the individual know if you are satisfied that the personal data is accurate, and tell them that you will not be amending the data. You should explain your decision, and inform them of their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce their rights through a judicial remedy. It is also good practice to place a note on your system indicating that the individual challenges the accuracy of the data and their reasons for doing so. Can we refuse to comply with the request for rectification for other reasons? You can refuse to comply with a request for rectification if the request is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If you consider that a request is manifestly unfounded or excessive you can: request a "reasonable fee" to deal with the request; or refuse to deal with the request. In either case you will need to justify your decision. You should base the reasonable fee on the administrative costs of complying with the request. If you decide to charge a fee you should contact the individual without undue delay and within one month. You do not need to comply with the request until you have received the fee. What should we do if we refuse to comply with a request for rectification? You must inform the individual without undue delay and within one month of receipt of the requestIn more detail – Data Protection Act 2018 There are other exemptions from the right to rectification contained in the DPA 2018. These exemptions will apply in certain circumstances, broadly associated with why you are processing the data. We will provide guidance on the application of these exemptions in due course.02 August 2018 - 1.0.248 112 about: the reasons you are not taking action; their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce this right through a judicial remedy. You should also provide this information if you request a reasonable fee or need additional information to identify the individual. How can we recognise a request? The GDPR does not specify how to make a valid request. Therefore, an individual can make a request for rectification verbally or in writing. It can also be made to any part of your organisation and does not have to be to a specific person or contact point. A request to rectify personal data does not need to mention the phrase ‘request for rectification’ or Article 16 of the GDPR to be a valid request. As long as the individual has challenged the accuracy of their data and has asked you to correct it, or has asked that you take steps to complete data held about them that is incomplete, this will be a valid request under Article 16. This presents a challenge as any of your employees could receive a valid verbal request. However, you have a legal responsibility to identify that an individual has made a request to you and handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify a request. Additionally, it is good practice to have a policy for recording details of the requests you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request. We also recommend that you keep a log of verbal requests. Can we charge a fee? No, in most cases you cannot charge a fee to comply with a request for rectification. However, as noted above, if the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request. How long do we have to comply? You must act upon the request without undue delay and at the latest within one month of receipt. You should calculate the time limit from the day after you receive the request (whether the day after is a working day or not) until the corresponding calendar date in the next month.02 August 2018 - 1.0.248 113 If this is not possible because the following month is shorter (and there is no corresponding calendar date), the date for response is the last day of the following month. If the corresponding date falls on a weekend or a public holiday, you will have until the next working day to respond. This means that the exact number of days you have to comply with a request varies, depending on the month in which the request was made. For practical purposes, if a consistent number of days is required (eg for operational or system purposes), it may be helpful to adopt a 28-day period to ensure compliance is always within a calendar month. Can we extend the time to respond to a request? You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know without undue delay and within one month of receiving their request and explain why the extension is necessary. The circumstances in which you can extend the time to respond can include further consideration of the accuracy of disputed data - although you can only do this in complex cases - and the result may be that at the end of the extended time period you inform the individual that you consider the data in question to be accurate. However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if: it is manifestly unfounded or excessive; an exemption applies; or you are requesting proof of identity before considering the request. Can we ask an individual for ID? Example An organisation receives a request on 3 September. The time limit will start from the next day (4 September). This gives the organisation until 4 October to comply with the request.  Example An organisation receives a request on 30 March. The time limit starts from the next day (31 March). As there is no equivalent date in April, the organisation has until 30 April to comply with the request. If 30 April falls on a weekend, or is a public holiday, the organisation has until the end of the next working day to comply.02 August 2018 - 1.0.248 114 If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You should take into account what data you hold, the nature of the data, and what you are using it for. You must let the individual know without undue delay and within one month that you need more information from them to confirm their identity. You do not need to comply with the request until you have received the additional information. Do we have to tell other organisations if we rectify personal data? If you have disclosed the personal data to others, you must contact each recipient and inform them of the rectification or completion of the personal data - unless this proves impossible or involves disproportionate effort. If asked to, you must also inform the individual about these recipients. The GDPR defines a recipient as a natural or legal person, public authority, agency or other body to which the personal data are disclosed. The definition includes controllers, processors and persons who, under the direct authority of the controller or processor, are authorised to process personal data. Further Reading Relevant provisions in the GDPR - See Articles 5, 12, 16 and 19  External link02 August 2018 - 1.0.248 115 Right to erasure At a glance The GDPR introduces a right for individuals to have personal data erased. The right to erasure is also known as ‘the right to be forgotten’. Individuals can make a request for erasure verbally or in writing. You have one month to respond to a request. The right is not absolute and only applies in certain circumstances. This right is not the only way in which the GDPR places an obligation on you to consider whether to delete personal data. Checklists In brief What is the right to erasure?Preparing for requests for erasure ☐ We know how to recognise a request for erasure and we understand when the right applies. ☐ We have a policy for how to record requests we receive verbally. ☐ We understand when we can refuse a request and are aware of the information we need to provide to individuals when we do so. Complying with requests for erasure ☐ We have processes in place to ensure that we respond to a request for erasure without undue delay and within one month of receipt. ☐ We are aware of the circumstances when we can extend the time limit to respond to a request. ☐ We understand that there is a particular emphasis on the right to erasure if the request relates to data collected from children. ☐ We have procedures in place to inform any recipients if we erase any data we have shared with them. ☐ We have appropriate methods in place to erase information. 02 August 2018 - 1.0.248 116 Under Article 17 of the GDPR individuals have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances. When does the right to erasure apply? Individuals have the right to have their personal data erased if: the personal data is no longer necessary for the purpose which you originally collected or processed it for; you are relying on consent as your lawful basis for holding the data, and the individual withdraws their consent; you are relying on legitimate interests as your basis for processing, the individual objects to the processing of their data, and there is no overriding legitimate interest to continue this processing; you are processing the personal data for direct marketing purposes and the individual objects to that processing; you have processed the personal data unlawfully (ie in breach of the lawfulness requirement of the 1st principle); you have to do it to comply with a legal obligation; or you have processed the personal data to offer information society services to a child. How does the right to erasure apply to data collected from children? There is an emphasis on the right to have personal data erased if the request relates to data collected from children. This reflects the enhanced protection of children’s information, especially in online environments, under the GDPR. Therefore, if you process data collected from children, you should give particular weight to any request for erasure if the processing of the data is based upon consent given by a child – especially any processing of their personal data on the internet. This is still the case when the data subject is no longer a child, because a child may not have been fully aware of the risks involved in the processing at the time of consent. For further details about the right to erasure and children’s personal data please read our guidance on children's privacy . Do we have to tell other organisations about the erasure of personal data? The GDPR specifies two circumstances where you should tell other organisations about the erasure of personal data: the personal data has been disclosed to others; or the personal data has been made public in an online environment (for example on social networks, forums or websites). If you have disclosed the personal data to others, you must contact each recipient and inform them of the erasure, unless this proves impossible or involves disproportionate effort. If asked to, you must also inform the individuals about these recipients.02 August 2018 - 1.0.248 117 The GDPR defines a recipient as a natural or legal person, public authority, agency or other body to which the personal data are disclosed. The definition includes controllers, processors and persons who, under the direct authority of the controller or processor, are authorised to process personal data. Where personal data has been made public in an online environment reasonable steps should be taken to inform other controllers who are processing the personal data to erase links to, copies or replication of that data. When deciding what steps are reasonable you should take into account available technology and the cost of implementation. Do we have to erase personal data from backup systems? If a valid erasure request is received and no exemption applies then you will have to take steps to ensure erasure from backup systems as well as live systems. Those steps will depend on your particular circumstances, your retention schedule (particularly in the context of its backups), and the technical mechanisms that are available to you. You must be absolutely clear with individuals as to what will happen to their data when their erasure request is fulfilled, including in respect of backup systems. It may be that the erasure request can be instantly fulfilled in respect of live systems, but that the data will remain within the backup environment for a certain period of time until it is overwritten. The key issue is to put the backup data ‘beyond use’, even if it cannot be immediately overwritten. You must ensure that you do not use the data within the backup for any other purpose, ie that the backup is simply held on your systems until it is replaced in line with an established schedule. Provided this is the case it may be unlikely that the retention of personal data within the backup would pose a significant risk, although this will be context specific. For more information on what we mean by ‘putting data beyond use’ see our old guidance under the 1998 Act on deleting personal data (this will be updated in due course). When does the right to erasure not apply? The right to erasure does not apply if processing is necessary for one of the following reasons: to exercise the right of freedom of expression and information; to comply with a legal obligation; for the performance of a task carried out in the public interest or in the exercise of official authority; for archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or for the establishment, exercise or defence of legal claims. The GDPR also specifies two circumstances where the right to erasure will not apply to special category data: if the processing is necessary for public health purposes in the public interest (eg protecting against serious cross-border threats to health, or ensuring high standards of quality and safety of health care02 August 2018 - 1.0.248 118 and of medicinal products or medical devices); or if the processing is necessary for the purposes of preventative or occupational medicine (eg where the processing is necessary for the working capacity of an employee; for medical diagnosis; for the provision of health or social care; or for the management of health or social care systems or services). This only applies where the data is being processed by or under the responsibility of a professional subject to a legal obligation of professional secrecy (eg a health professional). For more information about special categories of data please see our Guide to the GDPR . Can we refuse to comply with a request for other reasons? You can refuse to comply with a request for erasure if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If you consider that a request is manifestly unfounded or excessive you can: request a "reasonable fee" to deal with the request; or refuse to deal with the request. In either case you will need to justify your decision. You should base the reasonable fee on the administrative costs of complying with the request. If you decide to charge a fee you should contact the individual promptly and inform them. You do not need to comply with the request until you have received the fee. What should we do if we refuse to comply with a request for erasure? You must inform the individual without undue delay and within one month of receipt of the request. You should inform the individual about: the reasons you are not taking action; their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce this right through a judicial remedy. You should also provide this information if you request a reasonable fee or need additional information to identify the individual. How do we recognise a request? The GDPR does not specify how to make a valid request. Therefore, an individual can make a request for erasure verbally or in writing. It can also be made to any part of your organisation and does notIn more detail – Data Protection Act 2018 There are other exemptions from the right to erasure in the DPA 2018. These exemptions will apply in certain circumstances, broadly associated with why you are processing the data. We will provide further guidance on the application of these exemptions in due course.02 August 2018 - 1.0.248 119 have to be to a specific person or contact point. A request does not have to include the phrase 'request for erasure' or Article 17 of the GDPR, as long as one of the conditions listed above apply. This presents a challenge as any of your employees could receive a valid verbal request. However, you have a legal responsibility to identify that an individual has made a request to you and handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify a request. Additionally, it is good practice to have a policy for recording details of the requests you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request. We also recommend that you keep a log of verbal requests. Can we charge a fee? No, in most cases you cannot charge a fee to comply with a request for erasure. However, as noted above, where the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request. How long do we have to comply? You must act upon the request without undue delay and at the latest within one month of receipt. You should calculate the time limit from the day after you receive the request (whether the day after is a working day or not) until the corresponding calendar date in the next month. If this is not possible because the following month is shorter (and there is no corresponding calendar date), the date for response is the last day of the following month. If the corresponding date falls on a weekend or a public holiday, you will have until the next working day to respond. This means that the exact number of days you have to comply with a request varies, depending on the month in which the request is made. Example An organisation receives a request on 3 September. The time limit will start from the next day (4 September). This gives the organisation until 4 October to comply with the request.  Example An organisation receives a request on 30 March. The time limit starts from the next day (31 March).02 August 2018 - 1.0.248 120 For practical purposes, if a consistent number of days is required (eg for operational or system purposes), it may be helpful to adopt a 28-day period to ensure compliance is always within a calendar month. Can we extend the time for a response? You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know without undue delay and within one month of receiving their request and explain why the extension is necessary. However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if: it is manifestly unfounded or excessive; an exemption applies; or you are requesting proof of identity before considering the request. Can we ask an individual for ID? If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You should take into account what data you hold, the nature of the data, and what you are using it for. You must let the individual know without undue delay and within one month that you need more information from them to confirm their identity. You do not need to comply with the request until you have received the additional information. Further ReadingAs there is no equivalent date in April, the organisation has until 30 April to comply with the request. If 30 April falls on a weekend or is a public holiday, the organisation has until the end of the next working day to comply. Relevant provisions in the GDPR - See Articles 6, 9, 12, 17 and Recitals 65, 66  External link02 August 2018 - 1.0.248 121 Right to restrict processing At a glance Individuals have the right to request the restriction or suppression of their personal data. This is not an absolute right and only applies in certain circumstances. When processing is restricted, you are permitted to store the personal data, but not use it. An individual can make a request for restriction verbally or in writing. You have one calendar month to respond to a request. This right has close links to the right to rectification (Article 16) and the right to object (Article 21). Checklists Preparing for requests for restriction ☐ We know how to recognise a request for restriction and we understand when the right applies. ☐ We have a policy in place for how to record requests we receive verbally. ☐ We understand when we can refuse a request and are aware of the information we need to provide to individuals when we do so. Complying with requests for restriction ☐ We have processes in place to ensure that we respond to a request for restriction without undue delay and within one month of receipt. ☐ We are aware of the circumstances when we can extend the time limit to respond to a request. ☐ We have appropriate methods in place to restrict the processing of personal data on our systems. ☐ We have appropriate methods in place to indicate on our systems that further processing has been restricted. ☐ We understand the circumstances when we can process personal data that has been restricted. ☐ We have procedures in place to inform any recipients if we restrict any data we have shared with them. ☐ We understand that we need to tell individuals before we lift a restriction on processing. 02 August 2018 - 1.0.248 122 In brief What is the right to restrict processing? Article 18 of the GDPR gives individuals the right to restrict the processing of their personal data in certain circumstances. This means that an individual can limit the way that an organisation uses their data. This is an alternative to requesting the erasure of their data. Individuals have the right to restrict the processing of their personal data where they have a particular reason for wanting the restriction. This may be because they have issues with the content of the information you hold or how you have processed their data. In most cases you will not be required to restrict an individual’s personal data indefinitely, but will need to have the restriction in place for a certain period of time. When does the right to restrict processing apply? Individuals have the right to request you restrict the processing of their personal data in the following circumstances: the individual contests the accuracy of their personal data and you are verifying the accuracy of the data; the data has been unlawfully processed (ie in breach of the lawfulness requirement of the first principle of the GDPR) and the individual opposes erasure and requests restriction instead; you no longer need the personal data but the individual needs you to keep it in order to establish, exercise or defend a legal claim; or the individual has objected to you processing their data under Article 21(1), and you are considering whether your legitimate grounds override those of the individual. Although this is distinct from the right to rectification and the right to object, there are close links between those rights and the right to restrict processing: if an individual has challenged the accuracy of their data and asked for you to rectify it (Article 16), they also have a right to request you restrict processing while you consider their rectification request; or if an individual exercises their right to object under Article 21(1), they also have a right to request you restrict processing while you consider their objection request. Therefore, as a matter of good practice you should automatically restrict the processing whilst you are considering its accuracy or the legitimate grounds for processing the personal data in question. How do we restrict processing? You need to have processes in place that enable you to restrict personal data if required. It is important to note that the definition of processing includes a broad range of operations including collection, structuring, dissemination and erasure of data. Therefore, you should use methods of restriction that are appropriate for the type of processing you are carrying out. The GDPR suggests a number of different methods that could be used to restrict data, such as: temporarily moving the data to another processing system;02 August 2018 - 1.0.248 123 making the data unavailable to users; or temporarily removing published data from a website. It is particularly important that you consider how you store personal data that you no longer need to process but the individual has requested you restrict (effectively requesting that you do not erase the data). If you are using an automated filing system, you need to use technical measures to ensure that any further processing cannot take place and that the data cannot be changed whilst the restriction is in place. You should also note on your system that the processing of this data has been restricted. Can we do anything with restricted data? You must not process the restricted data in any way except to store it unless: you have the individual’s consent; it is for the establishment, exercise or defence of legal claims; it is for the protection of the rights of another person (natural or legal); or it is for reasons of important public interest. Do we have to tell other organisations about the restriction of personal data? Yes. If you have disclosed the personal data in question to others, you must contact each recipient and inform them of the restriction of the personal data - unless this proves impossible or involves disproportionate effort. If asked to, you must also inform the individual about these recipients. The GDPR defines a recipient as a natural or legal person, public authority, agency or other body to which the personal data are disclosed. The definition includes controllers, processors and persons who, under the direct authority of the controller or processor, are authorised to process personal data. When can we lift the restriction? In many cases the restriction of processing is only temporary, specifically when the restriction is on the grounds that: the individual has disputed the accuracy of the personal data and you are investigating this; or the individual has objected to you processing their data on the basis that it is necessary for the performance of a task carried out in the public interest or the purposes of your legitimate interests, and you are considering whether your legitimate grounds override those of the individual. Once you have made a decision on the accuracy of the data, or whether your legitimate grounds override those of the individual, you may decide to lift the restriction. If you do this, you must inform the individual before you lift the restriction. As noted above, these two conditions are linked to the right to rectification (Article 16) and the right to object (Article 21). This means that if you are informing the individual that you are lifting the restriction (on the grounds that you are satisfied that the data is accurate, or that your legitimate grounds override theirs) you should also inform them of the reasons for your refusal to act upon their rights under Articles 16 or 21. You will also need to inform them of their right to make a complaint to the ICO or another02 August 2018 - 1.0.248 124 supervisory authority; and their ability to seek a judicial remedy. Can we refuse to comply with a request for restriction? You can refuse to comply with a request for restriction if the request is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If you consider that a request is manifestly unfounded or excessive you can: request a "reasonable fee" to deal with the request; or refuse to deal with the request. In either case you will need to justify your decision. You should base the reasonable fee on the administrative costs of complying with the request. If you decide to charge a fee you should contact the individual promptly and inform them. You do not need to comply with the request until you have received the fee. What should we do if we refuse to comply with a request for restriction? You must inform the individual without undue delay and within one month of receipt of the request. You should inform the individual about: the reasons you are not taking action; their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce this right through a judicial remedy. You should also provide this information if you request a reasonable fee or need additional information to identify the individual. How do we recognise a request? The GDPR does not specify how to make a valid request. Therefore, an individual can make a request for restriction verbally or in writing. It can also be made to any part of your organisation and does not have to be to a specific person or contact point. A request does not have to include the phrase 'request for restriction' or Article 18 of the GDPR, as long as one of the conditions listed above apply. This presents a challenge as any of your employees could receive a valid verbal request. However, youIn more detail – Data Protection Act 2018 There are other exemptions from the right to restriction contained in the Data Protection Act 2018. These exemptions will apply in certain circumstances, broadly associated with why you are processing the data. We will provide further guidance on the application of these exemptions in due course.02 August 2018 - 1.0.248 125 have a legal responsibility to identify that an individual has made a request to you and handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify a request. Additionally, it is good practice to have a policy for recording details of the requests you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request. We also recommend that you keep a log of verbal requests. Can we charge a fee? No, in most cases you cannot charge a fee to comply with a request for restriction. However, as noted above, where the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request. How long do we have to comply? You must act upon the request without undue delay and at the latest within one month of receipt. You should calculate the time limit from the day after you receive the request (whether the day after is a working day or not) until the corresponding calendar date in the next month. If this is not possible because the following month is shorter (and there is no corresponding calendar date), the date for response is the last day of the following month. If the corresponding date falls on a weekend or a public holiday, you will have until the next working day to respond. This means that the exact number of days you have to comply with a request varies, depending on the month in which the request was made. Example An organisation receives a request on 3 September. The time limit will start from the next day (4 September). This gives the organisation until 4 October to comply with the request.  Example An organisation receives a request on 30 March. The time limit starts from the next day (31 March). As there is no equivalent date in April, the organisation has until 30 April to comply with the request. If 30 April falls on a weekend, or is a public holiday, the organisation has until the end of the next working day to comply.02 August 2018 - 1.0.248 126 For practical purposes, if a consistent number of days is required (eg for operational or system purposes), it may be helpful to adopt a 28-day period to ensure compliance is always within a calendar month. Can we extend the time for a response? You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary. However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if: it is manifestly unfounded or excessive; an exemption applies; or you are requesting proof of identity before considering the request. Can we ask an individual for ID? If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You should take into account what data you hold, the nature of the data, and what you are using it for. You must let the individual know without undue delay and within one month that you need more information from them to confirm their identity. You do not need to comply with the request until you have received the additional information. Further Reading Relevant provisions in the GDPR - See Articles 18, 19 and Recital 67  External link02 August 2018 - 1.0.248 127 Right to data portability At a glance The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services. It allows them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability. Doing this enables individuals to take advantage of applications and services that can use this data to find them a better deal or help them understand their spending habits. The right only applies to information an individual has provided to a controller. Some organisations in the UK already offer data portability through midata and similar initiatives which allow individuals to view, access and use their personal consumption and transaction data in a way that is portable and safe. Checklists In brief What is the right to data portability?Preparing for requests for data portability ☐ We know how to recognise a request for data portability and we understand when the right applies. ☐ We have a policy for how to record requests we receive verbally. ☐ We understand when we can refuse a request and are aware of the information we need to provide to individuals when we do so. Complying with requests for data portability ☐ We can transmit personal data in structured, commonly used and machine readable formats. ☐ We use secure methods to transmit personal data. ☐ We have processes in place to ensure that we respond to a request for data portability without undue delay and within one month of receipt. ☐ We are aware of the circumstances when we can extend the time limit to respond to a request.02 August 2018 - 1.0.248 128 The right to data portability gives individuals the right to receive personal data they have provided to a controller in a structured, commonly used and machine readable format. It also gives them the right to request that a controller transmits this data directly to another controller. When does the right apply? The right to data portability only applies when: your lawful basis for processing this information is consent or for the performance of a contract; and you are carrying out the processing by automated means (ie excluding paper files). What does the right apply to? Information is only within the scope of the right to data portability if it is personal data of the individual that they have provided to you. What does ‘provided to a controller’ mean? Sometimes the personal data an individual has provided to you will be easy to identify (eg their mailing address, username, age). However, the meaning of data ‘provided to’ you is not limited to this. It is also personal data resulting from observation of an individual’s activities (eg where using a device or service). This may include: history of website usage or search activities; traffic and location data; or ‘raw’ data processed by connected objects such as smart meters and wearable devices. It does not include any additional data that you have created based on the data an individual has provided to you. For example, if you use the data they have provided to create a user profile then this data would not be in scope of data portability. You should however note that if this ‘inferred’ or ‘derived’ data is personal data, you still need to provide it to an individual if they make a subject access request. Bearing this in mind, if it is clear that the individual is seeking access to the inferred/derived data, as part of a wider portability request, it would be good practice to include this data in your response. Does the right apply to anonymous or pseudonymous data? The right to data portability only applies to personal data. This means that it does not apply to genuinely anonymous data. However, pseudonymous data that can be clearly linked back to an individual (eg where that individual provides the respective identifier) is within scope of the right. What happens if the personal data includes information about others? If the requested information includes information about others (eg third party data) you need to consider whether transmitting that data would adversely affect the rights and freedoms of those third parties.02 August 2018 - 1.0.248 129 Generally speaking, providing third party data to the individual making the portability request should not be a problem, assuming that the requestor provided this data to you within their information in the first place. However, you should always consider whether there will be an adverse effect on the rights and freedoms of third parties, in particular when you are transmitting data directly to another controller. If the requested data has been provided to you by multiple data subjects (eg a joint bank account) you need to be satisfied that all parties agree to the portability request. This means that you may have to seek agreement from all the parties involved. What is an individual entitled to? The right to data portability entitles an individual to: receive a copy of their personal data; and/or have their personal data transmitted from one controller to another controller. Individuals have the right to receive their personal data and store it for further personal use. This allows the individual to manage and reuse their personal data. For example, an individual wants to retrieve their contact list from a webmail application to build a wedding list or to store their data in a personal data store. You can achieve this by either: directly transmitting the requested data to the individual; or providing access to an automated tool that allows the individual to extract the requested data themselves. This does not create an obligation for you to allow individuals more general and routine access to your systems – only for the extraction of their data following a portability request. You may have a preferred method of providing the information requested depending on the amount and complexity of the data requested. In either case, you need to ensure that the method is secure. What are the limits when transmitting personal data to another controller? Individuals have the right to ask you to transmit their personal data directly to another controller without hindrance. If it is technically feasible, you should do this. You should consider the technical feasibility of a transmission on a request by request basis. The right to data portability does not create an obligation for you to adopt or maintain processing systems which are technically compatible with those of other organisations (GDPR Recital 68). However, you should take a reasonable approach, and this should not generally create a barrier to transmission. Without hindrance means that you should not put in place any legal, technical or financial obstacles which slow down or prevent the transmission of the personal data to the individual, or to another organisation. However, there may be legitimate reasons why you cannot undertake the transmission. For example, if the transmission would adversely affect the rights and freedoms of others. It is however your responsibility to justify why these reasons are legitimate and why they are not a ‘hindrance’ to the transmission.02 August 2018 - 1.0.248 130 Do we have responsibility for the personal data we transmit to others? If you provide information directly to an individual or to another organisation in response to a data portability request, you are not responsible for any subsequent processing carried out by the individual or the other organisation. However, you are responsible for the transmission of the data and need to take appropriate measures to ensure that it is transmitted securely and to the right destination. If you provide data to an individual, it is possible that they will store the information in a system with less security than your own. Therefore, you should make individuals aware of this so that they can take steps to protect the information they have received. You also need to ensure that you comply with the other provisions in the GDPR. For example, whilst there is no specific obligation under the right to data portability to check and verify the quality of the data you transmit, you should already have taken reasonable steps to ensure the accuracy of this data in order to comply with the requirements of the accuracy principle of the GDPR. How should we provide the data? You should provide the personal data in a format that is: structured; commonly used; and machine-readable. Although these terms are not defined in the GDPR these three characteristics can help you decide whether the format you intend to use is appropriate. You can also find relevant information in the ‘Open Data Handbook’, published by Open Knowledge International. The handbook is a guide to ‘open data’, information that is free to access and can be re-used for any purpose – particularly information held by the public sector. The handbook contains a number of definitions that are relevant to the right to data portability, and this guidance includes some of these below. What does ‘structured’ mean? Structured data allows for easier transfer and increased usability. The Open Data Handbook defines ‘structured data’ as: This means that software must be able to extract specific elements of the data. An example of a structured format is a spreadsheet, where the data is organised into rows and columns, ie it is ‘structured’. In practice, some of the personal data you process will already be in structured form. In many cases, if a format is structured it is also machine-readable. ‘data where the structural relation between elements is explicit in the way the data is stored on a computer disk.’02 August 2018 - 1.0.248 131 What does ‘commonly used’ mean? This simply means that the format you choose must be widely-used and well-established. However, just because a format is ‘commonly used’ does not mean it is appropriate for data portability. You have to consider whether it is ‘structured’, and ‘machine-readable’ as well. Although you may be using common software applications, which save data in commonly-used formats, these may not be sufficient to meet the requirements of data portability. What does ‘machine-readable’ mean? The Open Data Handbook states that ‘machine readable’ data is: Furthermore, Regulation 2 of the Re-use of Public Sector Information Regulations 2015 defines ‘machine-readable format’ as: Machine-readable data can be made directly available to applications that request that data over the web. This is undertaken by means of an application programming interface (“API”). If you are able to implement such a system then you can facilitate data exchanges with individuals and respond to data portability requests in an easy manner. Should we use an ‘interoperable’ format? Although you are not required to use an interoperable format, this is encouraged by the GDPR, which seeks to promote the concept of interoperability. Recital 68 says: Interoperability allows different systems to share information and resources. An ‘interoperable format’ is a type of format that allows data to be exchanged between different systems and be understandable to both. ‘Data in a data format that can be automatically read and processed by a computer.’  ‘A file format structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure.’  ‘Data controllers should be encouraged to develop interoperable formats that enable data portability.’02 August 2018 - 1.0.248 132 At the same time, you are not expected to maintain systems that are technically compatible with those of other organisations. Data portability is intended to produce interoperable systems, not compatible ones. What formats can we use? You may already be using an appropriate format within your networks and systems, and/or you may be required to use a particular format due to the particular industry or sector you are part of. Provided it meets the requirements of being structured, commonly-used and machine readable then it could be appropriate for a data portability request. The GDPR does not require you to use open formats internally. Your processing systems may indeed use proprietary formats which individuals may not be able to access if you provide data to them in these formats. In these cases you need to perform some additional processing on the personal data in order to put it into the type of format required by the GDPR. Where no specific format is in common use within your industry or sector, you should provide personal data using open formats such as CSV, XML and JSON. You may also find that these formats are the easiest for you to use when answering data portability requests. For further information on CSV, XML and JSON, please see below. What is CSV? CSV stands for ‘Comma Separated Values’. It is defined by the Open Data Handbook as: CSV is used to exchange data and is widely supported by software applications. Although CSV is not standardised it is nevertheless structured, commonly used and machine-readable and is therefore an appropriate format for you to use when responding to a data portability request. What is XML? XML stands for ‘Extensible Markup Language’. It is defined by the Open Data Handbook as: It is a file format that is intended to be both human readable and machine-readable. Unlike CSV, XML is defined by a set of open standards maintained by the World Wide Web Consortium (“W3C”). It is widely used for documents, but can also be used to represent data structures such as those used in web ‘a standard format for spreadsheet data. Data is represented in a plain text file, with each data row on a new line and commas separating the values on each row. As a very simple open format it is easy to consume and is widely used for publishing open data.’  ‘a simple and powerful standard for representing structured data.’02 August 2018 - 1.0.248 133 services. This means XML can be processed by APIs, facilitating data exchange. For example, you may develop or implement an API to exchange personal data in XML format with another organisation. In the context of data portability, this can allow you to transmit personal data to an individual’s personal data store, or to another organisation if the individual has asked you to do so. What is JSON? JSON stands for ‘JavaScript Object Notation’. The Open Data Handbook defines JSON as: It is a file format based on the JavaScript language that many web sites use and is used as a data interchange format. As with XML, it can be read by humans or machines. It is also a standardised open format maintained by the W3C. Are these the only formats we can use? CSV, XML and JSON are three examples of structured, commonly used and machine-readable formats that are appropriate for data portability. However, this does not mean you are obliged to use them. Other formats exist that also meet the requirements of data portability. You should however consider the nature of the portability request. If the individual cannot make use of the format, even if it is structured, commonly-used and machine-readable then the data will be of no use to them. ‘a simple but powerful format for data. It can describe complex data structures, is highly machine- readable as well as reasonably human-readable, and is independent of platform and programming language, and is therefore a popular format for data interchange between programs and systems.’  Example The RDF or ‘Resource Description Framework’ format is also a structured, commonly-used, machine-readable format. It is an open standard published by the W3C and is intended to provide interoperability between applications exchanging information. Further reading The Open Data Handbook is published by Open Knowledge International and is a guide to ‘open data’. The Handbook is updated regularly and you can read it here: http://opendatahandbook.org W3C candidate recommendation for XML is available here:02 August 2018 - 1.0.248 134 What responsibilities do we have when we receive personal data because of a data portability request? When you receive personal data that has been transmitted as part of a data portability request, you need to process this data in line with data protection requirements. In deciding whether to accept and retain personal data, you should consider whether the data is relevant and not excessive in relation to the purposes for which you will process it. You also need to consider whether the data contains any third party information. As a new controller, you need to ensure that you have an appropriate lawful basis for processing any third party data and that this processing does not adversely affect the rights and freedoms of those third parties. If you have received personal data which you have no reason to keep, you should delete it as soon as possible. When you accept and retain data, it becomes your responsibility to ensure that you comply with the requirements of the GDPR. In particular, if you receive third party data you should not use this for your own purposes. You should keep the third party data under the sole control of the individual who has made the portability request, and only used for their own purposes. When can we refuse to comply with a request for data portability? You can refuse to comply with a request for data portability if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If you consider that a request is manifestly unfounded or excessive you can: request a "reasonable fee" to deal with the request; orhttp://www.w3.org/TR/2008/REC-xml-20081126/ W3C’s specification of the JSON data interchange format is available here: https://tools.ietf.org/html/rfc7159 W3C’s list of specifications for RDF is available here: http://www.w3.org/standards/techs/rdf#w3c_all  Example An individual enters into a contract with a controller for the provision of a service. The controller relies on Article 6(1)(b) to process the individual’s personal data. The controller receives information from a data portability request that includes information about third parties. The controller has a legitimate interest to process the third party data under Article 6(1)(f) so that it can provide this service to the individual. However, it should not then use this data to send direct marketing to the third parties.02 August 2018 - 1.0.248 135 refuse to deal with the request. In either case you will need to justify your decision. You should base the reasonable fee on the administrative costs of complying with the request. If you decide to charge a fee you should contact the individual promptly and inform them. You do not need to comply with the request until you have received the fee. What should we do if we refuse to comply with a request for data portability? You must inform the individual without undue delay and within one month of receipt of the request. You should inform the individual about: the reasons you are not taking action; their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce this right through a judicial remedy. You should also provide this information if you request a reasonable fee or need additional information to identify the individual. How do we recognise a request? The GDPR does not specify how individuals should make data portability requests. Therefore, requests could be made verbally or in writing. They can also be made to any part of your organisation and do not have to be to a specific person or contact point. A request does not have to include the phrase 'request for data portability' or a reference to ‘Article 20 of the GDPR’, as long as one of the conditions listed above apply. This presents a challenge as any of your employees could receive a valid request. However, you have a legal responsibility to identify that an individual has made a request to you and handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify a request. Additionally, it is good practice to have a policy for recording details of the requests you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request. We also recommend that you keep a log of verbal requests. In practice, you may already have processes in place to enable your staff to recognise subject access requests, such as training or established procedures. You could consider adapting them to ensure yourIn more detail – Data Protection Act 2018 There are other exemptions from the right to data portability contained in the Data Protection Act 2018. These exemptions will apply in certain circumstances, broadly associated with why you are processing the data. We will provide further guidance on the application of these exemptions in due course.02 August 2018 - 1.0.248 136 staff also recognise data portability requests. Can we charge a fee? No, in most cases you cannot charge a fee to comply with a request for data portability. However, as noted above, if the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request. How long do we have to comply? You must act upon the request without undue delay and at the latest within one month of receipt. You should calculate the time limit from the day after you receive the request (whether the day after is a working day or not) until the corresponding calendar date in the next month. If this is not possible because the following month is shorter (and there is no corresponding calendar date), the date for response is the last day of the following month. If the corresponding date falls on a weekend or a public holiday, you will have until the next working day to respond. This means that the exact number of days you have to comply with a request varies, depending on the month in which the request was made. For practical purposes, if a consistent number of days is required (eg for operational or system purposes), it may be helpful to adopt a 28-day period to ensure compliance is always within a calendar month. Can we extend the time for a response?  Example An organisation receives a request on 3 September. The time limit will start from the next day (4 September). This gives the organisation until 4 October to comply with the request.  Example An organisation receives a request on 30 March. The time limit starts from the next day (31 March). As there is no equivalent date in April, the organisation has until 30 April to comply with the request. If 30 April falls on a weekend, or is a public holiday, the organisation has until the end of the next working day to comply.02 August 2018 - 1.0.248 137 You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary. However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if: it is manifestly unfounded or excessive; an exemption applies; or you are requesting proof of identity before considering the request. Can we ask an individual for ID? If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You should take into account what data you hold, the nature of the data, and what you are using it for. You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information. Further Reading Relevant provisions in the GDPR - See Articles 13, 20 and Recital 68  External link In more detail – European Data Protection Protection Board The European Data Protection Protection Board (EDPB) includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB has published guidelines and FAQs on data portability for organisations.02 August 2018 - 1.0.248 138 Right to object At a glance The GDPR gives individuals the right to object to the processing of their personal data in certain circumstances. Individuals have an absolute right to stop their data being used for direct marketing. In other cases where the right to object applies you may be able to continue processing if you can show that you have a compelling reason for doing so. You must tell individuals about their right to object. An individual can make an objection verbally or in writing. You have one calendar month to respond to an objection. Checklists In briefPreparing for objections to processing ☐ We know how to recognise an objection and we understand when the right applies. ☐ We have a policy in place for how to record objections we receive verbally. ☐ We understand when we can refuse an objection and are aware of the information we need to provide to individuals when we do so. ☐ We have clear information in our privacy notice about individuals’ right to object, which is presented separately from other information on their rights. ☐ We understand when we need to inform individuals of their right to object in addition to including it in our privacy notice. Complying with requests which object to processing ☐ We have processes in place to ensure that we respond to an objection without undue delay and within one month of receipt. ☐ We are aware of the circumstances when we can extend the time limit to respond to an objection. ☐ We have appropriate methods in place to erase, suppress or otherwise cease processing personal data.02 August 2018 - 1.0.248 139 What is the right to object? Article 21 of the GDPR gives individuals the right to object to the processing of their personal data. This effectively allows individuals to ask you to stop processing their personal data. The right to object only applies in certain circumstances. Whether it applies depends on your purposes for processing and your lawful basis for processing. When does the right to object apply? Individuals have the absolute right to object to the processing of their personal data if it is for direct marketing purposes. Individuals can also object if the processing is for: a task carried out in the public interest; the exercise of official authority vested in you; or your legitimate interests (or those of a third party). In these circumstances the right to object is not absolute. If you are processing data for scientific or historical research, or statistical purposes, the right to object is more limited. These various grounds are discussed further below. Direct marketing An individual can ask you to stop processing their personal data for direct marketing at any time. This includes any profiling of data that is related to direct marketing. This is an absolute right and there are no exemptions or grounds for you to refuse. Therefore, when you receive an objection to processing for direct marketing, you must stop processing the individual’s data for this purpose. However, this does not automatically mean that you need to erase the individual’s personal data, and in most cases it will be preferable to suppress their details. Suppression involves retaining just enough information about them to ensure that their preference not to receive direct marketing is respected in future. Processing based upon public task or legitimate interests An individual can also object where you are relying on one of the following lawful bases: ‘public task’ (for the performance of a task carried out in the public interest), ‘public task’ (for the exercise of official authority vested in you), or legitimate interests. An individual must give specific reasons why they are objecting to the processing of their data. These reasons should be based upon their particular situation.02 August 2018 - 1.0.248 140 In these circumstances this is not an absolute right, and you can continue processing if: you can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual; or the processing is for the establishment, exercise or defence of legal claims. If you are deciding whether you have compelling legitimate grounds which override the interests of an individual, you should consider the reasons why they have objected to the processing of their data. In particular, if an individual objects on the grounds that the processing is causing them substantial damage or distress (eg the processing is causing them financial loss), the grounds for their objection will have more weight. In making a decision on this, you need to balance the individual’s interests, rights and freedoms with your own legitimate grounds. During this process you should remember that the responsibility is for you to be able to demonstrate that your legitimate grounds override those of the individual. If you are satisfied that you do not need to stop processing the personal data in question you should let the individual know. You should explain your decision, and inform them of their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce their rights through a judicial remedy. Research purposes Where you are processing personal data for scientific or historical research, or statistical purposes, the right to object is more restricted. Article 21(4) states: Effectively this means that if you are processing data for these purposes and have appropriate safeguards in place (eg data minimisation and pseudonymisation where possible) the individual only has a right to object if your lawful basis for processing is: public task (on the basis that it is necessary for the exercise of official authority vested in you), or legitimate interests. The individual does not have a right to object if your lawful basis for processing is public task because it is necessary for the performance of a task carried out in the public interest. Article 21(4) therefore differentiates between the two parts of the public task lawful basis (performance of a task carried out in the public interest or in the exercise of official authority vested in you). This may cause difficulties if you are relying on the public task lawful basis for processing. It may not always be clear whether you are carrying out the processing solely as a task in the public interest, or in ‘Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her personal situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.’02 August 2018 - 1.0.248 141 the exercise of official authority. Indeed, it may be difficult to differentiate between the two. As such, it is good practice that if you are relying upon the public task lawful basis and receive an objection, you should consider the objection on its own merits and go on to consider the steps outlined in the next paragraph, rather than refusing it outright. If you do intend to refuse an objection on the basis that you are carrying out research or statistical work solely for the performance of a public task carried out in the public interest you should be clear in your privacy notice that you are only carrying out this processing on this basis. If you do receive an objection you may be able to continue processing, if you can demonstrate that you have a compelling legitimate reason or the processing is necessary for legal claims. You need to go through the steps outlined in the previous section to demonstrate this. As noted above, if you are satisfied that you do not need to stop processing you should let the individual know. You should provide an explanation for your decision, and inform them of their right to make a complaint to the ICO or another supervisory authority, as well as their ability to seek to enforce their rights through a judicial remedy. Do we need to tell individuals about the right to object? The GDPR is clear that you must inform individuals of their right to object at the latest at the time of your first communication with them where: you process personal data for direct marketing purposes, or your lawful basis for processing is: public task (for the performance of a task carried out in the public interest), public task (for the exercise of official authority vested in you), or legitimate interests. If one of these conditions applies, you should explicitly bring the right to object to the individual’s attention. You should present this information clearly and separately from any other information. If you are processing personal data for research or statistical purposes you should include information about the right to object (along with information about the other rights of the individual) in your privacy notice. Do we always need to erase personal data to comply with an objection? Where you have received an objection to the processing of personal data and you have no grounds to refuse, you need to stop processing the data. This may mean that you need to erase personal data as the definition of processing under the GDPR is broad, and includes storing data. However, as noted above, this will not always be the most appropriate action to take. Erasure may not be appropriate if you process the data for other purposes as you need to retain the data for those purposes. For example, when an individual objects to the processing of their data for direct marketing, you can place their details onto a suppression list to ensure that you continue to comply with their objection. However, you need to ensure that the data is clearly marked so that it is not processed for purposes the individual has objected to.02 August 2018 - 1.0.248 142 Can we refuse to comply with an objection for other reasons? You can also refuse to comply with an objection if the request is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If you consider that an objection is manifestly unfounded or excessive you can: request a "reasonable fee" to deal with it; or refuse to deal with it. In either case you will need to justify your decision. You should base the reasonable fee on the administrative costs of complying with the request. If you decide to charge a fee you should contact the individual promptly and inform them. You do not need to comply with the request until you have received the fee. What should we do if we refuse to comply with an objection? You must inform the individual without undue delay and within one month of receipt of the request. You should inform the individual about: the reasons you are not taking action; their right to make a complaint to the ICO or another supervisory authority; and their ability to seek to enforce this right through a judicial remedy. You should also provide this information if you request a reasonable fee or need additional information to identify the individual. How do we recognise an objection? The GDPR does not specify how to make a valid objection. Therefore, an objection to processing can be made verbally or in writing. It can also be made to any part of your organisation and does not have to be to a specific person or contact point. A request does not have to include the phrase 'objection to processing' or Article 21 of the GDPR - as long as one of the conditions listed above apply. This presents a challenge as any of your employees could receive a valid verbal objection. However, you have a legal responsibility to identify that an individual has made an objection to you and to handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify an objection.In more detail – Data Protection Act 2018 There are other exemptions from the right to object contained in the Data Protection Act 2018. These exemptions will apply in certain circumstances, broadly associated with why you are processing the data. We will provide further guidance on the application of these exemptions in due course.02 August 2018 - 1.0.248 143 Additionally, it is good practice to have a policy for recording details of the objections you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the objection. We also recommend that you keep a log of verbal objections. Can we charge a fee? No, in most cases you cannot charge a fee to comply with an objection to processing. However, as noted above, where the objection is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request. How long do we have to comply? You must act upon the objection without undue delay and at the latest within one month of receipt. You should calculate the time limit from the day after you receive the objection (whether the day after is a working day or not) until the corresponding calendar date in the next month. If this is not possible because the following month is shorter (and there is no corresponding calendar date), the date for response is the last day of the following month. If the corresponding date falls on a weekend or a public holiday, you will have until the next working day to respond. This means that the exact number of days you have to comply with an objection varies, depending on the month in which it was made. For practical purposes, if a consistent number of days is required (eg for operational or system purposes), it may be helpful to adopt a 28-day period to ensure compliance is always within a calendar Example An organisation receives an objection on 3 September. The time limit will start from the next day (4 September). This gives the organisation until 4 October to comply with the objection.  Example An organisation receives an objection on 30 March. The time limit starts from the next day (31 March). As there is no equivalent date in April, the organisation has until 30 April to comply with the objection. If 30 April falls on a weekend, or is a public holiday, the organisation has until the end of the next working day to comply.02 August 2018 - 1.0.248 144 month. Can we extend the time for a response? You can extend the time to respond to an objection by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their objection and explain why the extension is necessary. However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if: it is manifestly unfounded or excessive; an exemption applies; or you are requesting proof of identity before considering the request. Can we ask an individual for ID? If you have doubts about the identity of the person making the objection you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You should take into account what data you hold, the nature of the data, and what you are using it for. You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their objection. The period for responding to the objection begins when you receive the additional information. Further Reading Relevant provisions in the GDPR - See Articles 6, 12, 21, 89 and Recitals 69 and 70  External link02 August 2018 - 1.0.248 145 Rights related to automated decision making including profiling At a glance The GDPR has provisions on: automated individual decision-making (making a decision solely by automated means without any human involvement); and profiling (automated processing of personal data to evaluate certain things about an individual). Profiling can be part of an automated decision-making process. The GDPR applies to all automated individual decision-making and profiling. Article 22 of the GDPR has additional rules to protect individuals if you are carrying out solely automated decision-making that has legal or similarly significant effects on them. You can only carry out this type of decision-making where the decision is: necessary for the entry into or performance of a contract; or authorised by Union or Member state law applicable to the controller; or based on the individual’s explicit consent. You must identify whether any of your processing falls under Article 22 and, if so, make sure that you: give individuals information about the processing; introduce simple ways for them to request human intervention or challenge a decision; carry out regular checks to make sure that your systems are working as intended. Checklists All automated individual decision-making and profiling To comply with the GDPR... ☐ We have a lawful basis to carry out profiling and/or automated decision-making and document this in our data protection policy. ☐ We send individuals a link to our privacy statement when we have obtained their personal data indirectly. ☐ We explain how people can access details of the information we used to create their profile. ☐ We tell people who provide us with their personal data how they can object to profiling, including profiling for marketing purposes. ☐ We have procedures for customers to access the personal data input into the profiles so they02 August 2018 - 1.0.248 146 Solely automated individual decision-making, including profiling with legal or similarly significant effects (Article 22)can review and edit for any accuracy issues. ☐ We have additional checks in place for our profiling/automated decision-making systems to protect any vulnerable groups (including children). ☐ We only collect the minimum amount of data needed and have a clear retention policy for the profiles we create. As a model of best practice... ☐ We carry out a DPIA to consider and address the risks before we start any new automated decision-making or profiling. ☐ We tell our customers about the profiling and automated decision-making we carry out, what information we use to create the profiles and where we get this information from. ☐ We use anonymised data in our profiling activities. To comply with the GDPR... ☐ We carry out a DPIA to identify the risks to individuals, show how we are going to deal with them and what measures we have in place to meet GDPR requirements. ☐ We carry out processing under Article 22(1) for contractual purposes and we can demonstrate why it’s necessary. OR ☐ We carry out processing under Article 22(1) because we have the individual’s explicit consent recorded. We can show when and how we obtained consent. We tell individuals how they can withdraw consent and have a simple way for them to do this. OR ☐ We carry out processing under Article 22(1) because we are authorised or required to do so. This is the most appropriate way to achieve our aims. ☐ We don’t use special category data in our automated decision-making systems unless we have a lawful basis to do so, and we can demonstrate what that basis is. We delete any special category data accidentally created. ☐ We explain that we use automated decision-making processes, including profiling. We explain what information we use, why we use it and what the effects might be. ☐ We have a simple way for people to ask us to reconsider an automated decision. ☐ We have identified staff in our organisation who are authorised to carry out reviews and change decisions.02 August 2018 - 1.0.248 147 In brief What’s new under the GDPR? What is automated individual decision-making and profiling? What does the GDPR say about automated individual decision-making and profiling? When can we carry out this type of processing? What else do we need to consider? What if Article 22 doesn’t apply to our processing? What’s new under the GDPR? Profiling is now specifically defined in the GDPR. Solely automated individual decision-making, including profiling with legal or similarly significant effects is restricted. There are three grounds for this type of processing that lift the restriction. Where one of these grounds applies, you must introduce additional safeguards to protect data subjects. These work in a similar way to existing rights under the 1998 Data Protection Act. The GDPR requires you to give individuals specific information about automated individual decision- making, including profiling. There are additional restrictions on using special category and children’s personal data. What is automated individual decision-making and profiling? Automated individual decision-making is a decision made by automated means without any human involvement. Examples of this include: an online decision to award a loan; and a recruitment aptitude test which uses pre-programmed algorithms and criteria. Automated individual decision-making does not have to involve profiling, although it often will do. The GDPR says that profiling is:☐ We regularly check our systems for accuracy and bias and feed any changes back into the design process. As a model of best practice... ☐ We use visuals to explain what information we collect/use and why this is relevant to the process. ☐ We have signed up to [standard] a set of ethical principles to build trust with our customers. This is available on our website and on paper.02 August 2018 - 1.0.248 148 Organisations obtain personal information about individuals from a variety of different sources. Internet searches, buying habits, lifestyle and behaviour data gathered from mobile phones, social networks, video surveillance systems and the Internet of Things are examples of the types of data organisations might collect. Information is analysed to classify people into different groups or sectors, using algorithms and machine-learning. This analysis identifies links between different behaviours and characteristics to create profiles for individuals. There is more information about algorithms and machine-learning in our paper on big data, artificial intelligence, machine learning and data protection . Based on the traits of others who appear similar, organisations use profiling to: find something out about individuals’ preferences; predict their behaviour; and/or make decisions about them. This can be very useful for organisations and individuals in many sectors, including healthcare, education, financial services and marketing. Automated individual decision-making and profiling can lead to quicker and more consistent decisions. But if they are used irresponsibly there are significant risks for individuals. The GDPR provisions are designed to address these risks. What does the GDPR say about automated individual decision-making and profiling? The GDPR restricts you from making solely automated decisions, including those based on profiling, that have a legal or similarly significant effect on individuals. For something to be solely automated there must be no human involvement in the decision-making process.  “Any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.” [Article 4(4)]  “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.” [Article 22(1)]02 August 2018 - 1.0.248 149 The restriction only covers solely automated individual decision-making that produces legal or similarly significant effects. These types of effect are not defined in the GDPR, but the decision must have a serious negative impact on an individual to be caught by this provision. A legal effect is something that adversely affects someone’s legal rights. Similarly significant effects are more difficult to define but would include, for example, automatic refusal of an online credit application, and e-recruiting practices without human intervention. When can we carry out this type of processing? Solely automated individual decision-making - including profiling - with legal or similarly significant effects is restricted, although this restriction can be lifted in certain circumstances. You can only carry out solely automated decision-making with legal or similarly significant effects if the decision is: necessary for entering into or performance of a contract between an organisation and the individual; authorised by law (for example, for the purposes of fraud or tax evasion); or based on the individual’s explicit consent. If you’re using special category personal data you can only carry out processing described in Article 22(1) if: you have the individual’s explicit consent; or the processing is necessary for reasons of substantial public interest. What else do we need to consider? Because this type of processing is considered to be high-risk the GDPR requires you to carry out a Data Protection Impact Assessment (DPIA) to show that you have identified and assessed what those risks are and how you will address them. As well as restricting the circumstances in which you can carry out solely automated individual decision- making (as described in Article 22(1)) the GDPR also: requires you to give individuals specific information about the processing; obliges you to take steps to prevent errors, bias and discrimination; and gives individuals rights to challenge and request a review of the decision. These provisions are designed to increase individuals’ understanding of how you might be using their personal data. You must: provide meaningful information about the logic involved in the decision-making process, as well as the significance and the envisaged consequences for the individual; use appropriate mathematical or statistical procedures; ensure that individuals can: obtain human intervention;02 August 2018 - 1.0.248 150 express their point of view; and obtain an explanation of the decision and challenge it; put appropriate technical and organisational measures in place, so that you can correct inaccuracies and minimise the risk of errors; secure personal data in a way that is proportionate to the risk to the interests and rights of the individual, and that prevents discriminatory effects. What if Article 22 doesn’t apply to our processing? Article 22 applies to solely automated individual decision-making, including profiling, with legal or similarly significant effects. If your processing does not match this definition then you can continue to carry out profiling and automated decision-making. But you must still comply with the GDPR principles. You must identify and record your lawful basis for the processing . You need to have processes in place so people can exercise their rights . Individuals have a right to object to profiling in certain circumstances. You must bring details of this right specifically to their attention. Further Reading Relevant provisions in the GDPR - Article 4(4), 9, 12, 13, 14, 15, 21, 22, 35(1)and (3)  External link In more detail – ICO guidance We have published detailed guidance on automated decision-making and profiling . Privacy notices transparency and control Big data, artificial intelligence, machine learning and data protection In more detail – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 has adopted guidelines on Automated individual decision-making and Profiling , which have been endorsed by the EDPB. Other relevant guidelines published by WP29 and endorsed by the EDPB include:02 August 2018 - 1.0.248 151 WP29 guidelines on Data Protection Impact Assessment02 August 2018 - 1.0.248 152 Accountability and governance At a glance Accountability is one of the data protection principles - it makes you responsible for complying with the GDPR and says that you must be able to demonstrate your compliance. You need to put in place appropriate technical and organisational measures to meet the requirements of accountability. There are a number of measures that you can, and in some cases must, take including: adopting and implementing data protection policies; taking a ‘data protection by design and default’ approach; putting written contracts in place with organisations that process personal data on your behalf; maintaining documentation of your processing activities; implementing appropriate security measures; recording and, where necessary, reporting personal data breaches; carrying out data protection impact assessments for uses of personal data that are likely to result in high risk to individuals’ interests; appointing a data protection officer; and adhering to relevant codes of conduct and signing up to certification schemes. Accountability obligations are ongoing. You must review and, where necessary, update the measures you put in place. If you implement a privacy management framework this can help you embed your accountability measures and create a culture of privacy across your organisation. Being accountable can help you to build trust with individuals and may help you mitigate enforcement action. Checklist ☐ We take responsibility for complying with the GDPR, at the highest management level and throughout our organisation. ☐ We keep evidence of the steps we take to comply with the GDPR. We put in place appropriate technical and organisational measures, such as: ☐ adopting and implementing data protection policies (where proportionate); ☐ taking a ‘data protection by design and default’ approach - putting appropriate data protection measures in place throughout the entire lifecycle of our processing operations; ☐ putting written contracts in place with organisations that process personal data on our behalf;02 August 2018 - 1.0.248 153 In brief What’s new under the GDPR? What is accountability? Why is accountability important? What do we need to do? Should we implement data protection policies? Should we adopt a ‘data protection by design and default’ approach? Do we need to use contracts? What documentation should we maintain? What security measures should we put in place? How do we record and report personal data breaches? Should we carry out data protection impact assessments (DPIAs)? Should we assign a data protection officer (DPO)? Should we adhere to codes of conduct and certification schemes? What else should we consider? What's new under the GDPR? One of the biggest changes introduced by the GDPR is around accountability – a new data protection principle that says organisations are responsible for, and must be able to demonstrate, compliance with the other principles. Although these obligations were implicit in the Data Protection Act 1998 (1998 Act), the GDPR makes them explicit. You now need to be proactive about data protection, and evidence the steps you take to meet your obligations and protect people’s rights. Good practice tools that the ICO has championed for a long time, such as privacy impact assessments and privacy by design, are now formally recognised and legally required in some circumstances.☐ maintaining documentation of our processing activities; ☐ implementing appropriate security measures; ☐ recording and, where necessary, reporting personal data breaches; ☐ carrying out data protection impact assessments for uses of personal data that are likely to result in high risk to individuals’ interests; ☐ appointing a data protection officer (where necessary); and ☐ adhering to relevant codes of conduct and signing up to certification schemes (where possible). ☐ We review and update our accountability measures at appropriate intervals.02 August 2018 - 1.0.248 154 Organisations that already adopt a best practice approach to compliance with the 1998 Act should not find it too difficult to adapt to the new requirements. But you should review the measures you take to comply with the 1998 Act, update them for the GDPR if necessary, and stand ready to demonstrate your compliance under the GDPR. Further Reading What is accountability? There are two key elements. First, the accountability principle makes it clear that you are responsible for complying with the GDPR. Second, you must be able to demonstrate your compliance. Article 5(2) of the GDPR says: Further Reading Why is accountability important? Taking responsibility for what you do with personal data, and demonstrating the steps you have taken to protect people’s rights not only results in better legal compliance, it also offers you a competitive edge. Accountability is a real opportunity for you to show, and prove, how you respect people’s privacy. This can help you to develop and sustain people’s trust. Furthermore, if something does go wrong, then being able to show that you actively considered the risks and put in place measures and safeguards can help you provide mitigation against any potential enforcement action. On the other hand, if you can’t show good data protection practices, it may leave you open to fines and reputational damage. Further ReadingRelevant provisions in the GDPR - See Articles 5 and 24, and Recitals 39 and 74  External link  “The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 [the other data protection principles]” Relevant provisions in the GDPR - See Article 5 and Recital 39  External link Further reading – ICO guidance Principles02 August 2018 - 1.0.248 155 What do we need to do? Accountability is not a box-ticking exercise. Being responsible for compliance with the GDPR means that you need to be proactive and organised about your approach to data protection, while demonstrating your compliance means that you must be able to evidence the steps you take to comply. To achieve this, if you are a larger organisation you may choose to put in place a privacy management framework. This can help you create a culture of commitment to data protection, by embedding systematic and demonstrable compliance across your organisation. Amongst other things, your framework should include: robust program controls informed by the requirements of the GDPR; appropriate reporting structures; and assessment and evaluation procedures. If you are a smaller organisation you will most likely benefit from a smaller scale approach to accountability. Amongst other things you should: ensure a good level of understanding and awareness of data protection amongst your staff; implement comprehensive but proportionate policies and procedures for handling personal data; and keep records of what you do and why. Article 24(1) of the GDPR says that: you must implement technical and organisational measures to ensure, and demonstrate, compliance with the GDPR; the measures should be risk-based and proportionate; and you need to review and update the measures as necessary. While the GDPR does not specify an exhaustive list of things you need to do to be accountable, it does set out several different measures you can take that will help you get there. These are summarised under the headings below, with links to the relevant parts of the guide. Some measures you are obliged to take and some are voluntary. It will differ depending on what personal data you have and what you do with it. These measures can form the basis of your programme controls if you opt to put in place a privacy management framework across your organisation. Should we implement data protection policies? For many organisations, putting in place relevant policies is a fundamental part of their approach to data protection compliance. The GDPR explicitly says that, where proportionate, implementing data protection policies is one of the measures you can take to ensure, and demonstrate, compliance. What you have policies for, and their level of detail, depends on what you do with personal data. If, forRelevant provisions in the GDPR - See Article 83  External link02 August 2018 - 1.0.248 156 instance, you handle large volumes of personal data, or particularly sensitive information such as special category data, then you should take greater care to ensure that your policies are robust and comprehensive. As well as drafting data protection policies, you should also be able to show that you have implemented and adhered to them. This could include awareness raising, training, monitoring and audits – all tasks that your data protection officer can undertake ( see below for more on data protection officers ). Further Reading Should we adopt a ‘data protection by design and default’ approach? Privacy by design has long been seen as a good practice approach when designing new products, processes and systems that use personal data. Under the heading ‘data protection by design and by default’, the GDPR legally requires you to take this approach. Data protection by design and default is an integral element of being accountable. It is about embedding data protection into everything you do, throughout all your processing operations. The GDPR suggests measures that may be appropriate such as minimising the data you collect, applying pseudonymisation techniques, and improving security features. Integrating data protection considerations into your operations helps you to comply with your obligations, while documenting the decisions you take (often in data protection impact assessments – see below ) demonstrates this. Further Reading Do we need to use contracts? Whenever a controller uses a processor to handle personal data on their behalf, it needs to put in place a written contract that sets out each party’s responsibilities and liabilities. Contracts must include certain specific terms as a minimum, such as requiring the processor to take appropriate measures to ensure the security of processing and obliging it to assist the controller in allowing individuals to exercise their rights under the GDPR.Relevant provisions in the GDPR - See Articles 24(2) and Recital 78  External link Relevant provisions in the GDPR - See Article 25 and Recital 78  External link Further reading – ICO guidance Data protection by design and default Anonymisation code of practice02 August 2018 - 1.0.248 157 Using clear and comprehensive contracts with your processors helps to ensure that everyone understands their data protection obligations and is a good way to demonstrate this formally. Further Reading What documentation should we maintain? Under Article 30 of the GDPR, most organisations are required to maintain a record of their processing activities, covering areas such as processing purposes, data sharing and retention. Documenting this information is a great way to take stock of what you do with personal data. Knowing what information you have, where it is and what you do with it makes it much easier for you to comply with other aspects of the GDPR such as making sure that the information you hold about people is accurate and secure. As well as your record of processing activities under Article 30, you also need to document other things to show your compliance with the GDPR. For instance, you need to keep records of consent and any personal data breaches. Further Reading What security measures should we put in place? The GDPR repeats the requirement to implement technical and organisational measures to comply with the GDPR in the context of security. It says that these measures should ensure a level of security appropriate to the risk.Relevant provisions in the GDPR - See Article 28 and Recital 81  External link Further reading – ICO guidance Contracts Relevant provisions in the GDPR - See Articles 7(1), 30 and 33(5), and Recitals 42 and 82  External link Further reading – ICO guidance Documentation Consent Personal data breaches02 August 2018 - 1.0.248 158 You need to implement security measures if you are handling any type of personal data, but what you put in place depends on your particular circumstances. You need to ensure the confidentiality, integrity and availability of the systems and services you use to process personal data. Amongst other things, this may include information security policies, access controls, security monitoring, and recovery plans. Further Reading How do we record and report personal data breaches? You must report certain types of personal data breach to the relevant supervisory authority (for the UK, this is the ICO), and in some circumstances, to the affected individuals as well. Additionally, the GDPR says that you must keep a record of any personal data breaches, regardless of whether you need to report them or not. You need to be able to detect, investigate, report (both internally and externally) and document any breaches. Having robust policies, procedures and reporting structures helps you do this. Further Reading Relevant provisions in the GDPR - See Articles 5(f) and 32, and Recitals 39 and 83  External link Further reading – ICO guidance Security Relevant provisions in the GDPR - See Articles 33-34 and Recitals 85-88  External link Further reading – ICO guidance Personal data breaches02 August 2018 - 1.0.248 159 Should we carry out data protection impact assessments (DPIAs)? A DPIA is an essential accountability tool and a key part of taking a data protection by design approach to what you do. It helps you to identify and minimise the data protection risks of any new projects you undertake. A DPIA is a legal requirement before carrying out processing likely to result in high risk to individuals’ interests. When done properly, a DPIA helps you assess how to comply with the requirements of the GDPR, while also acting as documented evidence of your decision-making and the steps you took. Further Reading Should we assign a data protection officer (DPO)? Some organisations are required to appoint a DPO. A DPO’s tasks include advising you about the GDPR, monitoring compliance and training staff.Further reading – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 adopted guidelines on Personal data breach notification , which have been adopted by the EDPB. Relevant provisions in the GDPR - See Articles 35-36, and Recitals 84 and 89-95  External link Further reading – ICO guidance Data protection impact assessments Further reading – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 adopted guidelines on data protection impact assessments , which have been endorsed by the EDPB.02 August 2018 - 1.0.248 160 Your DPO must report to your highest level of management, operate independently, and have adequate resources to carry out their tasks. Even if you’re not obliged to appoint a DPO, it is very important that you have sufficient staff, skills, and appropriate reporting structures in place to meet your obligations under the GDPR. Further Reading Should we adhere to codes of conduct and certification schemes? Under the GDPR, trade associations and representative bodies may draw up codes of conduct covering topics such as fair and transparent processing, pseudonymisation, and the exercise of people’s rights. In addition, supervisory authorities or accredited certification bodies can issue certification of the data protection compliance of products and services. Both codes of conduct and certification are voluntary, but they are an excellent way of verifying and demonstrating that you comply with the GDPR. Further ReadingRelevant provisions in the GDPR - See Articles 37-39, and Recital 97  External link Further reading – ICO guidance Data protection officers Further reading – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 adopted guidelines on data protection officers , which have been endorsed by the EDPB. Relevant provisions in the GDPR - See Articles 40-43, and Recitals 98 and 100  External link Further reading – ICO guidance Codes of conduct and certification02 August 2018 - 1.0.248 161 What else should we consider? The above measures can help to support an accountable approach to data protection, but it is not limited to these. You need to be able to prove what steps you have taken to comply. In practice this means keeping records of what you do and justifying your decisions. Accountability is not just about being answerable to the regulator; you must also demonstrate your compliance to individuals. Amongst other things, individuals have the right to be informed about what personal data you collect, why you use it and who you share it with. Additionally, if you use techniques such as artificial intelligence and machine learning to make decisions about people, in certain cases individuals have the right to hold you to account by requesting explanations of those decisions and contesting them. You therefore need to find effective ways to provide information to people about what you do with their personal data, and explain and review automated decisions. The obligations that accountability places on you are ongoing – you cannot simply sign off a particular processing operation as ‘accountable’ and move on. You must review the measures you implement at appropriate intervals to ensure that they remain effective. You should update measures that are no longer fit for purpose. If you regularly change what you do with personal data, or the types of information that you collect, you should review and update your measures frequently, remembering to document what you do and why. Further Reading Example A company wants to use the personal data it holds for a new purpose. It carries out an assessment in line with Article 6(4) of the GDPR, and determines that the new purpose is compatible with the original purpose for which it collected the personal data. Although this provision of the GDPR does not specify that the company must document its compatibility assessment, it knows that to be accountable, it needs to be able to prove that their handling of personal data is compliant with the GDPR. The company therefore keeps a record of the compatibility assessment, including its rationale for the decision and the appropriate safeguards it put in place. Relevant provisions in the GDPR - See Articles 12-14, 22 and 24(1), and Recitals 39, 58-61 and 71  External link Further reading – ICO guidance Right to be informed Rights related to automated decision making including profiling Data protection self assessment02 August 2018 - 1.0.248 162 Contracts At a glance Whenever a controller uses a processor it needs to have a written contract in place. The contract is important so that both parties understand their responsibilities and liabilities. The GDPR sets out what needs to be included in the contract. In the future, standard contract clauses may be provided by the European Commission or the ICO, and may form part of certification schemes. However at the moment no standard clauses have been drafted. Controllers are liable for their compliance with the GDPR and must only appoint processors who can provide ‘sufficient guarantees’ that the requirements of the GDPR will be met and the rights of data subjects protected. In the future, using a processor which adheres to an approved code of conduct or certification scheme may help controllers to satisfy this requirement – though again, no such schemes are currently available. Processors must only act on the documented instructions of a controller. They will however have some direct responsibilities under the GDPR and may be subject to fines or other sanctions if they don’t comply. Checklists Controller and processor contracts checklist Our contracts include the following compulsory details: Our contracts include the following compulsory terms:☐ the subject matter and duration of the processing; ☐ the nature and purpose of the processing; ☐ the type of personal data and categories of data subject; and ☐ the obligations and rights of the controller. ☐ the processor must only act on the written instructions of the controller (unless required by law to act without such instructions); ☐ the processor must ensure that people processing the data are subject to a duty of confidence; ☐ the processor must take appropriate measures to ensure the security of processing;02 August 2018 - 1.0.248 163 As a matter of good practice, our contracts: Processors’ responsibilities and liabilities checklist In addition to the Article 28.3 contractual obligations set out in the controller and processor contracts checklist, a processor has the following direct responsibilities under the GDPR. The processor must:☐ the processor must only engage a sub-processor with the prior consent of the data controller and a written contract; ☐ the processor must assist the data controller in providing subject access and allowing data subjects to exercise their rights under the GDPR; ☐ the processor must assist the data controller in meeting its GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments; ☐ the processor must delete or return all personal data to the controller as requested at the end of the contract; and ☐ the processor must submit to audits and inspections, provide the controller with whatever information it needs to ensure that they are both meeting their Article 28 obligations, and tell the controller immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state. ☐ state that nothing within the contract relieves the processor of its own direct responsibilities and liabilities under the GDPR; and ☐ reflect any indemnity that has been agreed.02 August 2018 - 1.0.248 164 A processor should also be aware that: In brief What's new? The GDPR makes written contracts between controllers and processors a general requirement, rather than just a way of demonstrating compliance with the seventh data protection principle (appropriate security measures) under the DPA. These contracts must now include certain specific terms, as a minimum. These terms are designed to ensure that processing carried out by a processor meets all the requirements of the GDPR (not just those related to keeping personal data secure). The GDPR allows for standard contractual clauses from the EU Commission or a supervisory authority (such as the ICO) to be used in contracts between controllers and processors - though none have been drafted so far.☐ only act on the written instructions of the controller (Article 29); ☐ not use a sub-processor without the prior written authorisation of the controller (Article 28.2); ☐ co-operate with supervisory authorities (such as the ICO) in accordance with Article 31; ☐ ensure the security of its processing in accordance with Article 32; ☐ keep records of its processing activities in accordance with Article 30.2; ☐ notify any personal data breaches to the controller in accordance with Article 33; ☐ employ a data protection officer if required in accordance with Article 37; and ☐ appoint (in writing) a representative within the European Union if required in accordance with Article 27. ☐ it may be subject to investigative and corrective powers of supervisory authorities (such as the ICO) under Article 58 of the GDPR; ☐ if it fails to meet its obligations, it may be subject to an administrative fine under Article 83 of the GDPR; ☐ if it fails to meet its GDPR obligations it may be subject to a penalty under Article 84 of the GDPR; and ☐ if it fails to meet its GDPR obligations it may have to pay compensation under Article 82 of the GDPR.02 August 2018 - 1.0.248 165 The GDPR envisages that adherence by a processor to an approved code of conduct or certification scheme may be used to help controllers demonstrate that they have chosen a suitable processor. Standard contractual clauses may form part of such a code or scheme, though again, no schemes are currently available. The GDPR gives processors responsibilities and liabilities in their own right, and processors as well as controllers may now be liable to pay damages or be subject to fines or other penalties. When is a contract needed? Whenever a controller uses a processor (a third party who processes personal data on behalf of the controller) it needs to have a written contract in place. Similarly, if a processor employs another processor it needs to have a written contract in place. Why are contracts between controllers and processors important? Contracts between controllers and processors ensure that they both understand their obligations, responsibilities and liabilities. They help them to comply with the GDPR, and help controllers to demonstrate their compliance with the GDPR. The use of contracts by controllers and processors may also increase data subjects’ confidence in the handling of their personal data. What needs to be included in the contract? Contracts must set out the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subject, and the obligations and rights of the controller. Contracts must also include as a minimum the following terms, requiring the processor to: only act on the written instructions of the controller; ensure that people processing the data are subject to a duty of confidence; take appropriate measures to ensure the security of processing; only engage sub-processors with the prior consent of the controller and under a written contract; assist the controller in providing subject access and allowing data subjects to exercise their rights under the GDPR; assist the controller in meeting its GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments; delete or return all personal data to the controller as requested at the end of the contract; and submit to audits and inspections, provide the controller with whatever information it needs to ensure that they are both meeting their Article 28 obligations, and tell the controller immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state. Can standard contracts clauses be used? The GDPR allows standard contractual clauses from the EU Commission or a Supervisory Authority (such as the ICO) to be used in contracts between controllers and processors. However, no standard clauses are currently available.02 August 2018 - 1.0.248 166 The GDPR also allows these standard contractual clauses to form part of a code of conduct or certification mechanism to demonstrate compliant processing. However, no schemes are currently available. What responsibilities and liabilities do processors have in their own right? A processor must only act on the documented instructions of a controller. If a processor determines the purpose and means of processing (rather than acting only on the instructions of the controller) then it will be considered to be a controller and will have the same liability as a controller. In addition to its contractual obligations to the controller, under the GDPR a processor also has the following direct responsibilities: not to use a sub-processor without the prior written authorisation of the data controller; to co-operate with supervisory authorities (such as the ICO); to ensure the security of its processing; to keep records of processing activities; to notify any personal data breaches to the data controller; to employ a data protection officer; and to appoint (in writing) a representative within the European Union if needed. If a processor fails to meet any of these obligations, or acts outside or against the instructions of the controller, then it may be liable to pay damages in legal proceedings, or be subject to fines or other penalties or corrective measures. If a processor uses a sub-processor then it will, as the original processor, remain directly liable to the controller for the performance of the sub-processor’s obligations. Further Reading Relevant provisions in the GDPR - see Articles 28-36 and Recitals 81-83  External link In more detail – ICO guidance The deadline for responses to our draft GDPR guidance on contracts and liabilities for controllers and processors has now passed. We are analysing the feedback and this will feed into the final version.02 August 2018 - 1.0.248 167 Documentation At a glance The GDPR contains explicit provisions about documenting your processing activities. You must maintain records on several things such as processing purposes, data sharing and retention. You may be required to make the records available to the ICO on request. Documentation can help you comply with other aspects of the GDPR and improve your data governance. Controllers and processors both have documentation obligations. For small and medium-sized organisations, documentation requirements are limited to certain types of processing activities. Information audits or data-mapping exercises can feed into the documentation of your processing activities. Records must be kept in writing. Most organisations will benefit from maintaining their records electronically. Records must be kept up to date and reflect your current processing activities. We have produced some basic templates to help you document your processing activities. Checklists Documentation of processing activities – requirements ☐ If we are a controller for the personal data we process, we document all the applicable information under Article 30(1) of the GDPR. ☐ If we are a processor for the personal data we process, we document all the applicable information under Article 30(2) of the GDPR. If we process special category or criminal conviction and offence data, we document: ☐ the condition for processing we rely on in the Data Protection Act 2018 (DPA 2018); ☐ the lawful basis for our processing; and ☐ whether we retain and erase the personal data in accordance with our policy document. where required in schedule 1 of the DPA 2018. ☐ We document our processing activities in writing. ☐ We document our processing activities in a granular way with meaningful links between the different pieces of information.02 August 2018 - 1.0.248 168 In brief What’s new under the GDPR? What is documentation? Who needs to document their processing activities? What do we need to document under Article 30 of the GDPR? Should we document anything else? How do we document our processing activities? What’s new under the GDPR? The documentation of processing activities is a new requirement under the GDPR. There are some similarities between documentation under the GDPR and the information you provided to the ICO as part of registration under the Data Protection Act 1998. You need to make sure that you have in place a record of your processing activities by 25 May 2018.☐ We conduct regular reviews of the personal data we process and update our documentation accordingly. Documentation of processing activities – best practice When preparing to document our processing activities we: ☐ do information audits to find out what personal data our organisation holds; ☐ distribute questionnaires and talk to staff across the organisation to get a more complete picture of our processing activities; and ☐ review our policies, procedures, contracts and agreements to address areas such as retention, security and data sharing. As part of our record of processing activities we document, or link to documentation, on: ☐ information required for privacy notices; ☐ records of consent; ☐ controller-processor contracts; ☐ the location of personal data; ☐ Data Protection Impact Assessment reports; and ☐ records of personal data breaches. ☐ We document our processing activities in electronic form so we can add, remove and amend information easily.02 August 2018 - 1.0.248 169 What is documentation? Most organisations are required to maintain a record of their processing activities, covering areas such as processing purposes, data sharing and retention; we call this documentation . Documenting your processing activities is important, not only because it is itself a legal requirement, but also because it can support good data governance and help you demonstrate your compliance with other aspects of the GDPR. Who needs to document their processing activities? Controllers and processors each have their own documentation obligations. If you have 250 or more employees, you must document all your processing activities. There is a limited exemption for small and medium-sized organisations. If you have fewer than 250 employees, you only need to document processing activities that: are not occasional; or could result in a risk to the rights and freedoms of individuals; or involve the processing of special categories of data or criminal conviction and offence data. What do we need to document under Article 30 of the GDPR? You must document the following information: The name and contact details of your organisation (and where applicable, of other controllers, your representative and your data protection officer). The purposes of your processing. A description of the categories of individuals and categories of personal data. The categories of recipients of personal data. Details of your transfers to third countries including documenting the transfer mechanism safeguards in place. Retention schedules. A description of your technical and organisational security measures. Should we document anything else? As part of your record of processing activities, it can be useful to document (or link to documentation of) other aspects of your compliance with the GDPR and the UK’s Data Protection Act 2018. Such documentation may include: information required for privacy notices, such as: the lawful basis for the processing the legitimate interests for the processing individuals’ rights the existence of automated decision-making, including profiling the source of the personal data;02 August 2018 - 1.0.248 170 records of consent; controller-processor contracts; the location of personal data; Data Protection Impact Assessment reports; records of personal data breaches; information required for processing special category data or criminal conviction and offence data under the Data Protection Act 2018, covering: the condition for processing in the Data Protection Act; the lawful basis for the processing in the GDPR; and your retention and erasure policy document. How do we document our processing activities? Doing an information audit or data-mapping exercise can help you find out what personal data your organisation holds and where it is. You can find out why personal data is used, who it is shared with and how long it is kept by distributing questionnaires to relevant areas of your organisation, meeting directly with key business functions, and reviewing policies, procedures, contracts and agreements. When documenting your findings, the records you keep must be in writing. The information must be documented in a granular and meaningful way. We have developed basic templates to help you document your processing activities. Further Reading Further ReadingDocumentation template for controllers  For organisations File (31.22K) Documentation template for processors  For organisations File (19.48K) Relevant provisions in the GDPR – See Article 30 and Recital 82  External link Relevant provisions in the Data Protection Act 2018 – See Schedule 1  External link02 August 2018 - 1.0.248 171 In more detail – ICO guidance We have produced more detailed guidance on documentation . In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 published a position paper on Article 30(5) (the exemption for small and medium-sized organisations), which has been endorsed by the EDPB.02 August 2018 - 1.0.248 172 Data protection by design and default At a glance The GDPR requires you to put in place appropriate technical and organisational measures to implement the data protection principles and safeguard individual rights. This is ‘data protection by design and by default’. In essence, this means you have to integrate or ‘bake in’ data protection into your processing activities and business practices, from the design stage right through the lifecycle. This concept is not new. Previously known as ‘privacy by design’, it has have always been part of data protection law. The key change with the GDPR is that it is now a legal requirement. Data protection by design is about considering data protection and privacy issues upfront in everything you do. It can help you ensure that you comply with the GDPR’s fundamental principles and requirements, and forms part of the focus on accountability. Checklists ☐ We consider data protection issues as part of the design and implementation of systems, services, products and business practices. ☐ We make data protection an essential component of the core functionality of our processing systems and services. ☐ We anticipate risks and privacy-invasive events before they occur, and take steps to prevent harm to individuals. ☐ We only process the personal data that we need for our purposes(s), and that we only use the data for those purposes. ☐ We ensure that personal data is automatically protected in any IT system, service, product, and/or business practice, so that individuals should not have to take any specific action to protect their privacy. ☐ We provide the identity and contact information of those responsible for data protection both within our organisation and to individuals. ☐ We adopt a ‘plain language’ policy for any public documents so that individuals easily understand what we are doing with their personal data. ☐ We provide individuals with tools so they can determine how we are using their personal data, and whether our policies are being properly enforced. ☐ We offer strong privacy defaults, user-friendly options and controls, and respect user preferences. ☐ We only use data processors that provide sufficient guarantees of their technical and organisational measures for data protection by design.02 August 2018 - 1.0.248 173 In brief What’s new in the GDPR? What does the GDPR say about data protection by design and by default? What is data protection by design? What is data protection by default? Who is responsible for complying with data protection by design and by default? What are we required to do? When should we do this? What are the underlying concepts of data protection by design and by default? How do we do this in practice? How do data protection by design and by default link to data protection impact assessments (DPIAs)? What is the role of privacy-enhancing technologies (PETs)? What about international transfers? What is the role of certification? What additional guidance is available? What’s new in the GDPR? The GDPR introduces new obligations that require you to integrate data protection concerns into every aspect of your processing activities. This approach is ‘data protection by design and by default’. These are key elements of the GDPR’s risk-based approach and its focus on accountability, ie you are able to demonstrate how you are complying with its requirements. However, data protection by design and by default is not new. It is essentially the GDPR’s version of ‘privacy by design’, an approach that the ICO has championed for many years. Although privacy by design and data protection by design are not precisely the same, there are well-established privacy by design principles and practices that can apply in this context. Some organisations already adopt a ‘privacy by design approach’ as a matter of good practice. If this is the case for you, then you are well-placed to meet the requirements of data protection by design and by default. Although you may still need to review your processes and procedures to ensure that you are meeting your obligations. The biggest change is that whilst privacy by design was good practice under the Data Protection Act 1998 (the 1998 Act), data protection by design and by default are legal requirements under the GDPR.☐ When we use other systems, services or products in our processing activities, we make sure that we only use those whose designers and manufacturers take data protection issues into account. ☐ We use privacy-enhancing technologies (PETs) to assist us in complying with our data protection by design obligations.02 August 2018 - 1.0.248 174 What does the GDPR say about data protection by design and by default? Articles 25(1) and 25(2) of the GDPR outline your obligations concerning data protection by design and by default. Article 25(1) specifies the requirements for data protection by design: Article 25(2) specifies the requirements for data protection by default: Article 25(3) states that if you adhere to an approved certification under Article 42, you can use this as one way of demonstrating your compliance with these requirements. Further Reading What is data protection by design? Data protection by design is ultimately an approach that ensures you consider privacy and data protection issues at the design phase of any system, service, product or process and then throughout the lifecycle. As expressed by the GDPR, it requires you to: put in place appropriate technical and organisational measures designed to implement the data ‘Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.’  ‘The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual's intervention to an indefinite number of natural persons.’ Relevant provisions in the GDPR - Article 25 and Recital 78  External link02 August 2018 - 1.0.248 175 protection principles; and integrate safeguards into your processing so that you meet the GDPR's requirements and protect the individual rights. In essence this means you have to integrate or ‘bake in’ data protection into your processing activities and business practices. Data protection by design has broad application. Examples include: developing new IT systems, services, products and processes that involve processing personal data; developing organisational policies, processes, business practices and/or strategies that have privacy implications; physical design; embarking on data sharing initiatives; or using personal data for new purposes. The underlying concepts of data protection by design are not new. Under the name ‘privacy by design’ they have existed for many years. Data protection by design essentially inserts the privacy by design approach into data protection law. Under the 1998 Act, the ICO supported this approach as it helped you to comply with your data protection obligations. It is now a legal requirement. What is data protection by default? Data protection by default requires you to ensure that you only process the data that is necessary to achieve your specific purpose. It links to the fundamental data protection principles of data minimisation and purpose limitation . You have to process some personal data to achieve your purpose(s). Data protection by default means you need to specify this data before the processing starts, appropriately inform individuals and only process the data you need for your purpose. It does not require you to adopt a ‘default to off’ solution. What you need to do depends on the circumstances of your processing and the risks posed to individuals. Nevertheless, you must consider things like: adopting a ‘privacy-first’ approach with any default settings of systems and applications; ensuring you do not provide an illusory choice to individuals relating to the data you will process; not processing additional data unless the individual decides you can; ensuring that personal data is not automatically made publicly available to others unless the individual decides to make it so; and providing individuals with sufficient controls and options to exercise their rights. Who is responsible for complying with data protection by design and by default? Article 25 specifies that, as the controller, you have responsibility for complying with data protection by design and by default. Depending on your circumstances, you may have different requirements for different areas within your organisation. For example:02 August 2018 - 1.0.248 176 your senior management, eg developing a culture of ‘privacy awareness’ and ensuring you develop policies and procedures with data protection in mind; your software engineers, system architects and application developers, –eg those who design systems, products and services should take account of data protection requirements and assist you in complying with your obligations; and your business practices, eg you should ensure that you embed data protection by design in all your internal processes and procedures. This may not apply to all organisations, of course. However, data protection by design is about adopting an organisation-wide approach to data protection, and ‘baking in’ privacy considerations into any processing activity you undertake. It doesn’t apply only if you are the type of organisation that has your own software developers and systems architects. In considering whether to impose a penalty, the ICO will take into account the technical and organisational measures you have put in place in respect of data protection by design. Additionally, under the Data Protection Act 2018 (DPA 2018) we can issue an Enforcement Notice against you for any failings in respect of Article 25. What about data processors? If you use another organisation to process personal data on your behalf, then that organisation is a data processor under the GDPR. Article 25 does not mention data processors specifically. However, Article 28 specifies the considerations you must take whenever you are selecting a processor. For example, you must only use processors that provide: This requirement covers both data protection by design in Article 25 as well as your security obligations under Article 32. Your processor cannot necessarily assist you with your data protection by design obligations (unlike with security measures), however you must only use processors that provide sufficient guarantees to meet the GDPR’s requirements. What about other parties? Data protection by design and by default can also impact organisations other than controllers and processors. Depending on your processing activity, other parties may be involved, even if this is just where you purchase a product or service that you then use in your processing. Examples include manufacturers, product developers, application developers and service providers. Recital 78 extends the concepts of data protection by design to other organisations, although it does not place a requirement on them to comply – that remains with you as the controller. It says: ‘sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject’02 August 2018 - 1.0.248 177 Therefore, when considering what products and services you need for your processing, you should look to choose those where the designers and developers have taken data protection into account. This can help to ensure that your processing adheres to the data protection by design requirements. If you are a developer or designer of products, services and applications, the GDPR places no specific obligations on you about how you design and build these products. (You may have specific obligations as a controller in your own right, eg for any employee data.) However, you should note that controllers are required to consider data protection by design when selecting services and products for use in their data processing activities – therefore if you design these products with data protection in mind, you may be in a better position. Further Reading What are we required to do? You must put in place appropriate technical and organisational measures designed to implement the data protection principles and safeguard individual rights. There is no ‘one size fits all’ method to do this, and no one set of measures that you should put in place. It depends on your circumstances. The key is that you consider data protection issues from the start of any processing activity, and adopt appropriate policies and measures that meet the requirements of data protection by design and by default. Some examples of how you can do this include: minimising the processing of personal data; pseudonymising personal data as soon as possible; ensuring transparency in respect of the functions and processing of personal data; enabling individuals to monitor the processing; and creating (and improving) security features. This is not an exhaustive list. Complying with data protection by design and by default may require you to do much more than the above. ‘When developing, designing, selecting and using applications, services and products that are based on the processing of personal data or process personal data to fulfil their task, producers of the products, services and applications should be encouraged to take into account the right to data protection when developing and designing such products, services and applications and, with regard to the state of the art, to make sure that controllers and processors are able to fulfil their data protection obligations.’ Relevant provisions in the GDPR - Articles 25 and 28, and Recitals 78, 79, 81 and 82  External link02 August 2018 - 1.0.248 178 However, we cannot provide a complete guide to all aspects of data protection by design and by default in all circumstances. This guidance identifies the main points for you to consider. Depending on the processing you are doing, you may need to obtain specialist advice that goes beyond the scope of this guidance. Further Reading When should we do this? You should begin data protection by design at the initial phase of any system, service, product, or process. You should start by considering your intended processing activities, the risks that these may pose to individuals, and the possible measures available to ensure that you comply with the data protection principles and protect individual rights. These considerations must cover: the state of the art and costs of implementation of any measures; the nature, scope, context and purposes of your processing; and the risks that your processing poses to the rights and freedoms of individuals. This is similar to the information risk assessment you should do when considering your security measures. These considerations lead into the second step, where you put in place actual technical and organisational measures to implement the data protection principles and integrate safeguards into your processing. This is why there is no single solution or process that applies to every organisation or every processing activity, although there are a number of commonalities that may apply to your specific circumstances as described below. The GDPR requires you to take these actions: ‘at the time of the determination of the means of the processing’ – in other words, when you are at the design phase of any processing activity; and ‘at the time of the processing itself’ – ie during the lifecycle of your processing activity. What are the underlying concepts of data protection by design and by default? The underlying concepts are essentially expressed in the seven ‘foundational principles’ of privacy by design, as developed by the Information and Privacy Commissioner of Ontario. Although privacy by design is not necessarily equivalent to data protection by design, these foundational principles can nevertheless underpin any approach you take. ‘Proactive not reactive; preventative not remedial’ You should take a proactive approach to data protection and anticipate privacy issues and risks before they happen, instead of waiting until after the fact. This doesn’t just apply in the context of systemsRelevant provisions in the GDPR - Recital 78  External link02 August 2018 - 1.0.248 179 design – it involves developing a culture of ‘privacy awareness’ across your organisation. ‘Privacy as the default setting’ You should design any system, service, product, and/or business practice to protect personal data automatically. With privacy built into the system, the individual does not have to take any steps to protect their data – their privacy remains intact without them having to do anything. ‘Privacy embedded into design’ Embed data protection into the design of any systems, services, products and business practices. You should ensure data protection forms part of the core functions of any system or service – essentially, it becomes integral to these systems and services. ‘Full functionality – positive sum, not zero sum’ Also referred to as ‘win-win’, this principle is essentially about avoiding trade-offs, such the belief that in any system or service it is only possible to have privacy or security, not privacy and security. Instead, you should look to incorporate all legitimate objectives whilst ensuring you comply with your obligations. ‘End-to-end security – full lifecycle protection’ Put in place strong security measures from the beginning, and extend this security throughout the ‘data lifecycle’ – ie process the data securely and then destroy it securely when you no longer need it. ‘Visibility and transparency – keep it open’ Ensure that whatever business practice or technology you use operates according to its premises and objectives, and is independently verifiable. It is also about ensuring visibility and transparency to individuals, such as making sure they know what data you process and for what purpose(s) you process it. ‘Respect for user privacy – keep it user-centric’ Keep the interest of individuals paramount in the design and implementation of any system or service, eg by offering strong privacy defaults, providing individuals with controls, and ensuring appropriate notice is given. How do we do this in practice? One means of putting these concepts into practice is to develop a set of practical, actionable guidelines that you can use in your organisation, framed by your assessment of the risks posed and the measures available to you. You could base these upon the seven foundational principles. However, how you go about doing this depends on your circumstances – who you are, what you are doing, the resources you have available, and the nature of the data you process. You may not need to have a set of documents and organisational controls in place, although in some situations you will be required to have certain documents available concerning your processing. The key is to take an organisational approach that achieves certain outcomes, such as ensuring that: you consider data protection issues as part of the design and implementation of systems, services,02 August 2018 - 1.0.248 180 products and business practices; you make data protection an essential component of the core functionality of your processing systems and services; you only process the personal data that you need in relation to your purposes(s), and that you only use the data for those purposes; personal data is automatically protected in any IT system, service, product, and/or business practice, so that individuals should not have to take any specific action to protect their privacy; the identity and contact information of those responsible for data protection are available both within your organisation and to individuals; you adopt a ‘plain language’ policy for any public documents so that individuals easily understand what you are doing with their personal data; you provide individuals with tools so they can determine how you are using their personal data, and whether you are properly enforcing your policies; and you offer offering strong privacy defaults, user-friendly options and controls, and respect user preferences. Many of these relate to other obligations in the GDPR, such as transparency requirements, documentation, Data Protection Officers and DPIAs. This shows the broad nature of data protection by design and how it applies to all aspects of your processing. Our guidance on these topics will help you when you consider the measures you need to put in place for data protection by design and by default. In more detail – ICO guidance Read our sections on the data protection principles , individual rights , accountability and governance , documentation , data protection impact assessments , data protection officers and security in the Guide to the GDPR. In more detail – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 has produced guidelines on transparency , data protection officers , and data protection impact assessments , which have been endorsed by the EDPB. Further reading We will produce further guidance on how you can implement data protection by design soon. However, the Information and Privacy Commissioner of Ontario has published guidance on how organisations can ‘operationalise’ privacy by design , which may assist you.02 August 2018 - 1.0.248 181 How do data protection by design and by default link to data protection impact assessments (DPIAs)? A DPIA is a tool that you can use to identify and reduce the data protection risks of your processing activities. They can also help you to design more efficient and effective processes for handling personal data. DPIAs are an integral part of data protection by design and by default. For example, they can determine the type of technical and organisational measures you need in order to ensure your processing complies with the data protection principles. However, a DPIA is only required in certain circumstances, such as where the processing is likely to result in a risk to rights and freedoms, though it is good practice to undertake a DPIA anyway. In contrast, data protection by design is a broader concept, as it applies organisationally and requires you to take certain considerations even before you decide whether your processing is likely to result in a high risk or not. What is the role of privacy-enhancing technologies (PETs)? Privacy-enhancing technologies or PETs are technologies that embody fundamental data protection principles by minimising personal data use, maximising data security, and empowering individuals. A useful definition from the European Union Agency for Network and Information Security (ENISA) refers to PETs as: PETs link closely to the concept of privacy by design, and therefore apply to the technical measures you can put in place. They can assist you in complying with the data protection principles and are a means of implementing data protection by design within your organisation on a technical level.In more detail – ICO guidance Read our guidance on DPIAs in the Guide to the GDPR. We have also produced more detailed guidance on DPIAs , including a template that you can use and a list of processing operations that we consider require DPIAs to be undertaken. In more detail – European Data Protection Board WP29 produced guidelines on data protection impact assessments , which have been endorsed by the EDPB.  ‘software and hardware solutions, ie systems encompassing technical processes, methods or knowledge to achieve specific privacy or data protection functionality or to protect against risks of privacy of an individual or a group of natural persons.’02 August 2018 - 1.0.248 182 What about international transfers? Data protection by design also applies in the context of international transfers in cases where you intend to transfer personal data overseas to a third country that does not have an adequacy decision. You need to ensure that, whatever mechanism you use, appropriate safeguards are in place for these transfers. As detailed in Recital 108, these safeguards need to include compliance with data protection by design and by default. Further Reading What is the role of certification? Article 25(3) says that: This means that an approved certification mechanism, once one is available, can assist you in showing how you are complying with, and implementing, data protection by design and by default.Further reading We will provide further guidance on PETs in the near future. ENISA has also published research reports on PETs that may assist you. Relevant provisions in the GDPR - Article 47 and Recital 108  External link In more detail – ICO guidance Read our guidance on international transfers .  ‘An approved certification mechanism pursuant to Article 42 may be used as an element to demonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article.’ In more detail – European Data Protection Board The EDPB published for consultation draft guidelines  on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation 2016/679 on 30 May 2018. The consultation closed on 12 July 2018.02 August 2018 - 1.0.248 183 What additional guidance is available? The ICO will publish more detailed guidance about data protection by design and privacy enhancing technologies soon, as well as how these concepts apply in the context of the code of practice on age appropriate design in the DPA 2018 section 123. In the meantime, there are a number of publications about the privacy by design approach. We have summarised some of these below. Further reading The Information and Privacy Commissioner of Ontario (IPC) originated the concept of privacy by design in the 1990s. The IPC has a number of relevant publications about the concept and how you can implement it in your organisation, including: the original seven foundational principles of privacy by design (external link, PDF); and a primer on privacy by design , published in 2013 (external link, PDF); and guidance on Operationalizing privacy by design , published in 2012 (external link, PDF) The European Union Agency for Network and Information Security (ENISA) has also published research and guidance on privacy by design, including: a research report on privacy and data protection by design (external link); a research report on privacy by design and big data (external link); and a subsection on privacy-enhancing technologies (external link) The Norwegian data protection authority (Datatilsynet) has produced guidance on how software developers can implement data protection by design and by default.02 August 2018 - 1.0.248 184 Data protection impact assessments Click here for information about consulting the ICO about your data protection impact assessment. At a glance A Data Protection Impact Assessment (DPIA) is a process to help you identify and minimise the data protection risks of a project. You must do a DPIA for processing that is likely to result in a high risk to individuals. This includes some specified types of processing. You can use our screening checklists to help you decide when to do a DPIA. It is also good practice to do a DPIA for any other major project which requires the processing of personal data. Your DPIA must: describe the nature, scope, context and purposes of the processing; assess necessity, proportionality and compliance measures; identify and assess risks to individuals; and identify any additional measures to mitigate those risks. To assess the level of risk, you must consider both the likelihood and the severity of any impact on individuals. High risk could result from either a high probability of some harm, or a lower possibility of serious harm. You should consult your data protection officer (if you have one) and, where appropriate, individuals and relevant experts. Any processors may also need to assist you. If you identify a high risk that you cannot mitigate, you must consult the ICO before starting the processing. The ICO will give written advice within eight weeks, or 14 weeks in complex cases. If appropriate, we may issue a formal warning not to process the data, or ban the processing altogether. Checklists DPIA awareness checklist ☐ We provide training so that our staff understand the need to consider a DPIA at the early stages of any plan involving personal data. ☐ Our existing policies, processes and procedures include references to DPIA requirements. ☐ We understand the types of processing that require a DPIA, and use the screening checklist to identify the need for a DPIA, where necessary. ☐ We have created and documented a DPIA process.02 August 2018 - 1.0.248 185 ☐ We provide training for relevant staff on how to carry out a DPIA. DPIA screening checklist ☐ We always carry out a DPIA if we plan to: ☐ Use systematic and extensive profiling or automated decision-making to make significant decisions about people. ☐ Process special category data or criminal offence data on a large scale. ☐ Systematically monitor a publicly accessible place on a large scale. ☐ Use new technologies. ☐ Use profiling, automated decision-making or special category data to help make decisions on someone’s access to a service, opportunity or benefit. ☐ Carry out profiling on a large scale. ☐ Process biometric or genetic data. ☐ Combine, compare or match data from multiple sources. ☐ Process personal data without providing a privacy notice directly to the individual. ☐ Process personal data in a way which involves tracking individuals’ online or offline location or behaviour. ☐ Process children’s personal data for profiling or automated decision-making or for marketing purposes, or offer online services directly to them. ☐ Process personal data which could result in a risk of physical harm in the event of a security breach. ☐ We consider whether to do a DPIA if we plan to carry out any other: ☐ Evaluation or scoring. ☐ Automated decision-making with significant effects. ☐ Systematic processing of sensitive data or data of a highly personal nature. ☐ Processing on a large scale. ☐ Processing of data concerning vulnerable data subjects. ☐ Innovative technological or organisational solutions. ☐ Processing involving preventing data subjects from exercising a right or using a service or contract. ☐ We consider carrying out a DPIA in any major project involving the use of personal data. ☐ If we decide not to carry out a DPIA, we document our reasons. ☐ We carry out a new DPIA if there is a change to the nature, scope, context or purposes of our02 August 2018 - 1.0.248 186 In brief What’s new under the GDPR? What is a DPIA? When do we need a DPIA? How do we carry out a DPIA? Do we need to consult the ICO? What’s new under the GDPR? The GDPR introduces a new obligation to do a DPIA before carrying out types of processing likely to result in high risk to individuals’ interests. If your DPIA identifies a high risk that you cannot mitigate, you must consult the ICO. This is a key element of the new focus on accountability and data protection by design. Some organisations already carry out privacy impact assessments (PIAs) as a matter of good practice. If so, the concept will be familiar, but you still need to review your processes to make sure they complyprocessing. DPIA process checklist ☐ We describe the nature, scope, context and purposes of the processing. ☐ We ask our data processors to help us understand and document their processing activities and identify any associated risks. ☐ We consider how best to consult individuals (or their representatives) and other relevant stakeholders. ☐ We ask for the advice of our data protection officer. ☐ We check that the processing is necessary for and proportionate to our purposes, and describe how we will ensure data protection compliance. ☐ We do an objective assessment of the likelihood and severity of any risks to individuals’ rights and interests. ☐ We identify measures we can put in place to eliminate or reduce high risks. ☐ We record our decision-making in the outcome of the DPIA, including any difference of opinion with our DPO or individuals consulted. ☐ We implement the measures we identified, and integrate them into our project plan. ☐ We consult the ICO before processing, if we cannot mitigate high risks. ☐ We keep our DPIAs under review and revisit them when necessary.02 August 2018 - 1.0.248 187 with GDPR requirements. DPIAs are now mandatory in some cases, and there are specific legal requirements for content and process. If you have not already got a PIA process, you need to design a new DPIA process and embed this into your organisation’s policies and procedures. In the run-up to 25 May 2018, you also need to review your existing processing operations and decide whether you need to do a DPIA, or review your PIA, for anything which is likely to be high risk. You do not need to do a DPIA if you have already considered the relevant risks and safeguards in another way, unless there has been a significant change to the nature, scope, context or purposes of the processing since that previous assessment. What is a DPIA? A DPIA is a way for you to systematically and comprehensively analyse your processing and help you identify and minimise data protection risks. DPIAs should consider compliance risks, but also broader risks to the rights and freedoms of individuals, including the potential for any significant social or economic disadvantage. The focus is on the potential for harm - to individuals or to society at large, whether it is physical, material or non-material. To assess the level of risk, a DPIA must consider both the likelihood and the severity of any impact on individuals. A DPIA does not have to eradicate the risks altogether, but should help to minimise risks and assess whether or not remaining risks are justified. DPIAs are a legal requirement for processing that is likely to be high risk. But an effective DPIA can also bring broader compliance, financial and reputational benefits, helping you demonstrate accountability and building trust and engagement with individuals. A DPIA may cover a single processing operation or a group of similar processing operations. A group of controllers can do a joint DPIA. It’s important to embed DPIAs into your organisational processes and ensure the outcome can influence your plans. A DPIA is not a one-off exercise and you should see it as an ongoing process, and regularly review it. When do we need a DPIA? You must do a DPIA before you begin any type of processing which is “likely to result in a high risk”. This means that although you have not yet assessed the actual level of risk you need to screen for factors that point to the potential for a widespread or serious impact on individuals. In particular, the GDPR says you must do a DPIA if you plan to: use systematic and extensive profiling with significant effects; process special category or criminal offence data on a large scale; or systematically monitor publicly accessible places on a large scale. The ICO also requires you to do a DPIA if you plan to:02 August 2018 - 1.0.248 188 use new technologies; use profiling or special category data to decide on access to services; profile individuals on a large scale; process biometric data; process genetic data; match data or combine datasets from different sources; collect personal data from a source other than the individual without providing them with a privacy notice (‘invisible processing’); track individuals’ location or behaviour; profile children or target marketing or online services at them; or process data that might endanger the individual’s physical health or safety in the event of a security breach. You should also think carefully about doing a DPIA for any other processing that is large scale, involves profiling or monitoring, decides on access to services or opportunities, or involves sensitive data or vulnerable individuals. Even if there is no specific indication of likely high risk, it is good practice to do a DPIA for any major new project involving the use of personal data. You can use or adapt the checklists to help you carry out this screening exercise. How do we carry out a DPIA? A DPIA should begin early in the life of a project, before you start your processing, and run alongside the planning and development process. It should include these steps:02 August 2018 - 1.0.248 189 You must seek the advice of your data protection officer (if you have one). You should also consult with individuals and other stakeholders throughout this process. The process is designed to be flexible and scalable. You can use or adapt our sample DPIA template , or create your own. If you want to create your own, you may want to refer to the European guidelines which set out Criteria for an acceptable DPIA . Although publishing a DPIA is not a requirement of GDPR, you should actively consider the benefits of publication. As well as demonstrating compliance, publication can help engender trust and confidence. We would therefore recommend that you publish your DPIAs, were possible, removing sensitive details if necessary. Do we need to consult the ICO? You don’t need to send every DPIA to the ICO and we expect the percentage sent to us to be small. But you must consult the ICO if your DPIA identifies a high risk and you cannot take measures to reduce that risk. You cannot begin the processing until you have consulted us. If you want your project to proceed effectively then investing time in producing a comprehensive DPIA may prevent any delays later, if you have to consult with the ICO. You need to email us and attach a copy of your DPIA. Once we have the information we need, we will generally respond within eight weeks (although we can extend this by a further six weeks in complex cases).02 August 2018 - 1.0.248 190 We will provide you with a written response advising you whether the risks are acceptable, or whether you need to take further action. In some cases we may advise you not to carry out the processing because we consider it would be in breach of the GDPR. In appropriate cases we may issue a formal warning or take action to ban the processing altogether. Further Reading Key provisions in the GDPR - See Articles 35 and 36 and Recitals 74-77, 84, 89-92, 94 and 95  External link Further reading – ICO guidance We have published more detailed guidance on DPIAs . Further reading – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 published Guidelines on Data Protection Impact Assessment (DPIA) and determining whether processing is “likely to result in a high risk” for the purposes of Regulation 2016/679 (WP248), which have been endorsed by the EDPB. Other relevant guidelines include: Guidelines on Data Protection Officers (‘DPOs’) (WP243) Guidelines on automated individual decision-making and profiling for the purposes of Regulation 2016/679 (WP251)02 August 2018 - 1.0.248 191 Data protection officers At a glance The GDPR introduces a duty for you to appoint a data protection officer (DPO) if you are a public authority or body, or if you carry out certain types of processing activities. DPOs assist you to monitor internal compliance, inform and advise on your data protection obligations, provide advice regarding Data Protection Impact Assessments (DPIAs) and act as a contact point for data subjects and the supervisory authority. The DPO must be independent, an expert in data protection, adequately resourced, and report to the highest management level. A DPO can be an existing employee or externally appointed. In some cases several organisations can appoint a single DPO between them. DPOs can help you demonstrate compliance and are part of the enhanced focus on accountability. Checklists Appointing a DPO ☐ We are a public authority or body and have appointed a DPO (except if we are a court acting in our judicial capacity). ☐ We are not a public authority or body, but we know whether the nature of our processing activities requires the appointment of a DPO. ☐ We have appointed a DPO based on their professional qualities and expert knowledge of data protection law and practices. ☐ We aren’t required to appoint a DPO under the GDPR but we have decided to do so voluntarily. We understand that the same duties and responsibilities apply had we been required to appoint a DPO. We support our DPO to the same standards. Position of the DPO ☐ Our DPO reports directly to our highest level of management and is given the required independence to perform their tasks. ☐ We involve our DPO, in a timely manner, in all issues relating to the protection of personal data. ☐ Our DPO is sufficiently well resourced to be able to perform their tasks. ☐ We do not penalise the DPO for performing their duties. ☐ We ensure that any other tasks or duties we assign our DPO do not result in a conflict of interests with their role as a DPO.02 August 2018 - 1.0.248 192 In brief Do we need to appoint a Data Protection Officer? Under the GDPR, you must appoint a DPO if: you are a public authority or body (except for courts acting in their judicial capacity); your core activities require large scale, regular and systematic monitoring of individuals (for example, online behaviour tracking); or your core activities consist of large scale processing of special categories of data or data relating to criminal convictions and offences. This applies to both controllers and processors. You can appoint a DPO if you wish, even if you aren’t required to. If you decide to voluntarily appoint a DPO you should be aware that the same requirements of the position and tasks apply had the appointment been mandatory. Regardless of whether the GDPR obliges you to appoint a DPO, you must ensure that your organisation has sufficient staff and resources to discharge your obligations under the GDPR. However, a DPO can help you operate within the law by advising and helping to monitor compliance. In this way, a DPO can be seen to play a key role in your organisation’s data protection governance structure and to help improve accountability. If you decide that you don’t need to appoint a DPO, either voluntarily or because you don’t meet the above criteria, it’s a good idea to record this decision to help demonstrate compliance with the accountability principle.Tasks of the DPO ☐ Our DPO is tasked with monitoring compliance with the GDPR and other data protection laws, our data protection policies, awareness-raising, training, and audits. ☐ We will take account of our DPO’s advice and the information they provide on our data protection obligations. ☐ When carrying out a DPIA, we seek the advice of our DPO who also monitors the process. ☐ Our DPO acts as a contact point for the ICO. They co-operate with the ICO, including during prior consultations under Article 36, and will consult on any other matter. ☐ When performing their tasks, our DPO has due regard to the risk associated with processing operations, and takes into account the nature, scope, context and purposes of processing. Accessibility of the DPO ☐ Our DPO is easily accessible as a point of contact for our employees, individuals and the ICO. ☐ We have published the contact details of the DPO and communicated them to the ICO.02 August 2018 - 1.0.248 193 Further Reading What is the definition of a public authority? Section 7 of the Data Protection Act 2018 defines what a ‘public authority’ and a ‘public body’ are for the purposes of the GDPR. What are ‘core activities’? The other two conditions that require you to appoint a DPO only apply when: your core activities consist of processing activities, which, by virtue of their nature, scope and / or their purposes, require the regular and systematic monitoring of individuals on a large scale; or your core activities consist of processing on a large scale of special category data, or data relating to criminal convictions and offences. Your core activities are the primary business activities of your organisation. So, if you need to process personal data to achieve your key objectives, this is a core activity. This is different to processing personal data for other secondary purposes, which may be something you do all the time (eg payroll or HR information), but which is not part of carrying out your primary objectives. What does ‘regular and systematic monitoring of data subjects on a large scale’ mean? There are two key elements to this condition requiring you to appoint a DPO. Although the GDPR does not define ‘regular and systematic monitoring’ or ‘large scale’, the Article 29 Working Party (WP29) provided some guidance on these terms in its guidelines on DPOs . WP29 has been replaced by the European Data Protection Board (EDPB) which has endorsed these guidelines. ‘Regular and systematic’ monitoring of data subjects includes all forms of tracking and profiling, both online and offline. An example of this is for the purposes of behavioural advertising. When determining if processing is on a large scale, the guidelines say you should take the following factors into consideration:Does my organisation need a data protection officer (DPO)? For organisations  Example For most organisations, processing personal data for HR purposes will be a secondary function to their main business activities and so will not be part of their core activities. However, a HR service provider necessarily processes personal data as part of its core activities to provide HR functions for its client organisations. At the same time, it will also process HR information for its own employees, which will be regarded as an ancillary function and not part of its core activities.02 August 2018 - 1.0.248 194 the numbers of data subjects concerned; the volume of personal data being processed; the range of different data items being processed; the geographical extent of the activity; and the duration or permanence of the processing activity. What does processing special category data and personal data relating to criminal convictions and offences on a large scale mean? Processing special category data or criminal conviction or offences data carries more risk than other personal data. So when you process this type of data on a large scale you are required to appoint a DPO, who can provide more oversight. Again, the factors relevant to large-scale processing can include: the numbers of data subjects; the volume of personal data being processed; the range of different data items being processed; the geographical extent of the activity; and the duration or permanence of the activity. What professional qualities should the DPO have? The GDPR says that you should appoint a DPO on the basis of their professional qualities, and in particular, experience and expert knowledge of data protection law. It doesn’t specify the precise credentials they are expected to have, but it does say that this should be proportionate to the type of processing you carry out, taking into consideration the level of Example A large retail website uses algorithms to monitor the searches and purchases of its users and, based on this information, it offers recommendations to them. As this takes place continuously and according to predefined criteria, it can be considered as regular and systematic monitoring of data subjects on a large scale.  Example A health insurance company processes a wide range of personal data about a large number of individuals, including medical conditions and other health information. This can be considered as processing special category data on a large scale.02 August 2018 - 1.0.248 195 protection the personal data requires. So, where the processing of personal data is particularly complex or risky, the knowledge and abilities of the DPO should be correspondingly advanced enough to provide effective oversight. It would be an advantage for your DPO to also have a good knowledge of your industry or sector, as well as your data protection needs and processing activities. What are the tasks of the DPO? The DPO’s tasks are defined in Article 39 as: to inform and advise you and your employees about your obligations to comply with the GDPR and other data protection laws; to monitor compliance with the GDPR and other data protection laws, and with your data protection polices, including managing internal data protection activities; raising awareness of data protection issues, training staff and conducting internal audits; to advise on, and to monitor, data protection impact assessments ; to cooperate with the supervisory authority; and to be the first point of contact for supervisory authorities and for individuals whose data is processed (employees, customers etc). It’s important to remember that the DPO’s tasks cover all personal data processing activities, not just those that require their appointment under Article 37(1). When carrying out their tasks the DPO is required to take into account the risk associated with the processing you are undertaking. They must have regard to the nature, scope, context and purposes of the processing. The DPO should prioritise and focus on the more risky activities, for example where special category data is being processed, or where the potential impact on individuals could be damaging. Therefore, DPOs should provide risk-based advice to your organisation. If you decide not to follow the advice given by your DPO, you should document your reasons to help demonstrate your accountability. Can we assign other tasks to the DPO? The GDPR says that you can assign further tasks and duties, so long as they don’t result in a conflict of interests with the DPO’s primary tasks. Basically this means the DPO cannot hold a position within your organisation that leads him or her to determine the purposes and the means of the processing of personal data. At the same time, the DPO Example As an example of assigning other tasks, Article 30 requires that organisations must maintain records of processing operations. There is nothing preventing this task being allocated to the DPO.02 August 2018 - 1.0.248 196 shouldn’t be expected to manage competing objectives that could result in data protection taking a secondary role to business interests. Can the DPO be an existing employee? Yes. As long as the professional duties of the employee are compatible with the duties of the DPO and do not lead to a conflict of interests, you can appoint an existing employee as your DPO, rather than you having to create a new post. Can we contract out the role of the DPO? You can contract out the role of DPO externally, based on a service contract with an individual or an organisation. It’s important to be aware that an externally-appointed DPO should have the same position, tasks and duties as an internally-appointed one. Can we share a DPO with other organisations? You may appoint a single DPO to act for a group of companies or public authorities. If your DPO covers several organisations, they must still be able to perform their tasks effectively, taking into account the structure and size of those organisations. This means you should consider if one DPO can realistically cover a large or complex collection of organisations. You need to ensure they have the necessary resources to carry out their role and be supported with a team, if this is appropriate. Your DPO must be easily accessible, so their contact details should be readily available to your employees, to the ICO, and people whose personal data you process. Can we have more than one DPO? The GDPR clearly provides that an organisation must appoint a single DPO to carry out the tasks required in Article 39, but this doesn’t prevent it appointing other data protection specialists as part of a team to help support the DPO. You need to determine the best way to set up your organisation’s DPO function and whether this necessitates a data protection team. However, there must be an individual designated as the DPO for Examples A company’s head of marketing plans an advertising campaign, including which of the company’s customers to target, what method of communication and the personal details to use. This person cannot also be the company’s DPO, as the decision-making is likely to lead to a conflict of interests between the campaign’s aims and the company’s data protection obligations. On the other hand, a public authority could appoint its existing FOI officer / records manager as its DPO. There is no conflict of interests here as these roles are about ensuring information rights compliance, rather than making decisions about the purposes of processing.02 August 2018 - 1.0.248 197 the purposes of the GDPR who meets the requirements set out in Articles 37-39. If you have a team, you should clearly set out the roles and responsibilities of its members and how it relates to the DPO. If you hire data protection specialists other than a DPO, it’s important that they are not referred to as your DPO, which is a specific role with particular requirements under the GDPR. What do we have to do to support the DPO? You must ensure that: the DPO is involved, closely and in a timely manner, in all data protection matters; the DPO reports to the highest management level of your organisation, ie board level; the DPO operates independently and is not dismissed or penalised for performing their tasks; you provide adequate resources (sufficient time, financial, infrastructure, and, where appropriate, staff) to enable the DPO to meet their GDPR obligations, and to maintain their expert level of knowledge; you give the DPO appropriate access to personal data and processing activities; you give the DPO appropriate access to other services within your organisation so that they can receive essential support, input or information; you seek the advice of your DPO when carrying out a DPIA; and you record the details of your DPO as part of your records of processing activities. This shows the importance of the DPO to your organisation and that you must provide sufficient support so they can carry out their role independently. Part of this is the requirement for your DPO to report to the highest level of management. This doesn’t mean the DPO has to be line managed at this level but they must have direct access to give advice to senior managers who are making decisions about personal data processing. What details do we have to publish about the DPO? The GDPR requires you to: publish the contact details of your DPO; and provide them to the ICO. This is to enable individuals, your employees and the ICO to contact the DPO as needed. You aren’t required to include the name of the DPO when publishing their contact details but you can choose to provide this if you think it’s necessary or helpful. You’re also required to provide your DPO’s contact details in the following circumstances: when consulting the ICO under Article 36 about a DPIA; and when providing privacy information to individuals under Articles 13 and 14. However, remember you do have to provide your DPO’s name if you report a personal data breach to the ICO and to those individuals affected by it.02 August 2018 - 1.0.248 198 Is the DPO responsible for compliance? The DPO isn’t personally liable for data protection compliance. As the controller or processor it remains your responsibility to comply with the GDPR. Nevertheless, the DPO clearly plays a crucial role in helping you to fulfil your organisation’s data protection obligations. Further Reading Relevant provisions in the GDPR - See Articles 35-36, 37-39, 83 and Recital 97  External link In more detail - ICO guidance See the following section of the Guide to GDPR : Accountability and governance See our Guide to freedom of information In more detail – European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 published guidelines on DPOs and DPO FAQs , which have been endorsed by the EDPB.02 August 2018 - 1.0.248 199 Codes of conduct At a glance The GDPR recommends that you use approved codes of conduct to help you to apply the GDPR effectively. Codes of conduct will reflect the needs of different processing sectors and micro, small and medium sized enterprises. Trade associations or bodies representing a sector can create codes of conduct to help their sector comply with the GDPR in an efficient and cost effective way. Signing up to a code of conduct is voluntary. However, if there is an approved code of conduct, relevant to your processing, you may wish to consider signing up. It can also help show compliance to the ICO, the public and in your business to business relationships. In brief Codes of conduct help you to apply the GDPR effectively and allow you to demonstrate your compliance. Who is responsible for codes of conduct? Trade associations or bodies representing a sector can create codes of conduct, in consultation with relevant stakeholders, including the public where feasible. They can amend or extend existing codes to comply with the GDPR requirements. They have to submit the draft code to us for approval. We will assess whether a monitoring body is independent and has expertise in the subject matter/sector. Approved bodies will monitor compliance with the code (except for codes covering public authorities) and help ensure that the code is appropriately robust and trustworthy. We will: check that codes covering UK processing include appropriate safeguards; set out the monitoring body accreditation criteria; accredit monitoring bodies; approve and publish codes; and maintain a public register of all approved UK codes. If a code covers more than one EU country, the relevant supervisory authority will submit it to the European Data Protection Board (EDPB), who will submit their opinion on the code to the European Commission. The Commission may decide that a code is valid across all EU countries. If a code covers personal data transfers to countries outside of the EU, the European Commission can use legislation to give a code general validity within the Union. What should codes of conduct address? Codes of conduct should help you comply with the law, and may cover topics such as:02 August 2018 - 1.0.248 200 fair and transparent processing; legitimate interests pursued by controllers in specific contexts; the collection of personal data; the pseudonymisation of personal data; the information provided to individuals and the exercise of individuals’ rights; the information provided to and the protection of children (including mechanisms for obtaining parental consent); technical and organisational measures, including data protection by design and by default and security measures; breach notification; data transfers outside the EU; or dispute resolution procedures. Codes of conduct can collectively address the specific needs of micro, small and medium enterprises and help them to work together to apply GDPR requirements to the specific issues in their sector. Codes are expected to provide added value for their sector, as they will tailor the GDPR requirements to the sector or area of data processing. They could be a cost effective means to enable compliance with GDPR for a sector and its members. Why sign up to a code of conduct? Adhering to a code of conduct shows that you: follow the GDPR requirements for data protection; and that are addressing the level of risk relevant to your sector and the type of processing you are doing. For example, in a ‘high risk’ sector, such as processing children’s or health data, the code may contain more demanding requirements. Adhering to a code of conduct can help you to: be more transparent and accountable - enabling businesses or individuals to distinguish which processing activities, products, and services meet GDPR data protection requirements and they can trust with their personal data; have a competitive advantage; create effective safeguards to mitigate the risk around data processing and the rights and freedoms of individuals; help with specific data protection areas, such as international transfers; improve standards by establishing best practice; mitigate against enforcement action; and demonstrate that you have appropriate safeguards to transfer data to countries outside the EU. What are the practical implications for our organisation? You can sign up to a code of conduct relevant to your data processing activities or sector. This could be an extension or an amendment to a current code, or be a brand new code.02 August 2018 - 1.0.248 201 When you sign up to a code of conduct, you will need to demonstrate to the code’s monitoring body, that you meet the code’s requirements. These requirements will reflect your sector and size of organisation. Your customers will be able to view your code membership via the code’s webpage, the ICO’s public register of UK approved codes of conduct and the EDPB’s public register for all codes of conduct in the EU. Once you are assessed as adhering to the code, your compliance with the code will be monitored on a regular basis. This monitoring provides assurance that the code can be trusted. Your membership can be withdrawn if you no longer meet the requirements of the code, and the monitoring body will notify us of this. You can help reduce the risk of a fine by signing up to a code of conduct. This is because adherence to a code of conduct will serve as a mitigating factor when a supervisory authority is considering enforcement action via an administrative fine. When contracting work to third parties, you may wish to consider whether they have signed up to a code of conduct, as part of meeting your due diligence requirements under the GDPR. Further Reading Relevant provisions in the GDPR - See Articles 40-4 and 83 and Recitals 77, 98, 99 and 168  External link European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB are drafting guidelines on codes of conduct and monitoring bodies to cover the provisions in Articles 40-1 and on codes of conduct as appropriate safeguards for international transfers of personal data (Article 46(2)(e)).02 August 2018 - 1.0.248 202 Certification At a glance Member states, supervisory authorities (such as the ICO), the European Data Protection Board (EDPB) and the Commission will promote certification. Certification schemes will be a way to comply with the GDPR and enhance your transparency. Certification schemes should reflect the needs of micro, small and medium sized enterprises. Certification schemes under GDPR will be approved by the ICO and delivered by approved third party assessors. Signing up to a certification scheme is voluntary. However, if there is an approved certification scheme that covers your processing activity, you may wish to consider working towards it. It can help you demonstrate compliance to the regulator, the public and in your business to business relationships. In brief Who is responsible for certification? Member states, supervisory authorities (such as the ICO), the European Data Protection Board (EDPB) and the Commission will promote certification as a means to enhance transparency and compliance with the Regulation. In the UK the certification framework will involve: the ICO publishing accreditation requirements for certification bodies to meet; the UK’s national accreditation body, UKAS, accrediting certification bodies and maintaining a public register; the ICO approving and publishing certification criteria for certification schemes; accredited certification bodies (third party assessors) issuing certification; and controllers and processors applying for certification and using certifications. The ICO has no plans to accredit certification bodies or carry out certification at this time, although the GDPR does allow this. Currently there are no approved certification schemes or accredited certification bodies for issuing GDPR certificates. Once the certification bodies have been accredited to issue GDPR certificates, you will find this information on ICO’s and UKAS’s websites. Across EU member states, the EDPB will collate all EU certification schemes in a public register. There is also scope for a European Data Protection Seal. What is the purpose of certification? Certification is a way of demonstrating that your processing of personal data complies with the GDPR02 August 2018 - 1.0.248 203 requirements, in line with the accountability principle. It could help you demonstrate to the ICO that you have a systematic and comprehensive approach to compliance. Certification can also help demonstrate data protection in a practical way to businesses, individuals and regulators. Your customers can use certification as a means to quickly assess the level of data protection of your particular product or service. The GDPR says that certification is also a means to: demonstrate compliance with the provisions on data protection by design and by default (Article 25(3)); demonstrate that you have appropriate technical and organisational measures to ensure data security (Article 32 (3)); and to support transfers of personal data to third countries or international organisations (Article 46(2)(f)). Why should we apply for certification of our processing? Applying for certification is voluntary. However, if there is an approved certification scheme that covers your processing activity, you may wish to consider working towards it as a way of demonstrating that you comply with the GDPR. Obtaining certification for your processing can help you to: be more transparent and accountable - enabling businesses or individuals to distinguish which processing activities, products and services meet GDPR data protection requirements and they can trust with their personal data; have a competitive advantage; create effective safeguards to mitigate the risk around data processing and the rights and freedoms of individuals; improve standards by establishing best practice; help with international transfers; and mitigate against enforcement action. What are the practical implications for us? As a controller or processor, you could obtain certification for your processing operations, products and services. Certification bodies will act as independent assessors, providing an external steer and expertise in data protection. You will need to provide them with all the necessary information and access to your processing activities to enable them to conduct the certification procedure. Certification is valid for a maximum of three years, subject to periodic reviews. These independent reviews provide assurance that the certification can be trusted. However, certifications can be withdrawn if you no longer meet the requirements of the certification, and the certification body will notify us of this. Your customers can view your certification in a public register of certificates issued by certification bodies. Certification can help you demonstrate compliance, but does not reduce your data protection responsibilities. Whilst certification will be considered as a mitigating factor when the ICO is02 August 2018 - 1.0.248 204 considering imposing a fine, non- compliance with a certification scheme can also be a reason for issuing a fine. When contracting work to third parties, you may wish to consider whether they hold a GDPR certificate for their processing operations, as part of meeting your due diligence requirements under the GDPR. Further Reading Relevant provisions in the GDPR - See Articles 42-43 and 83 and Recitals 81 and 100  External link In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB published for consultation draft guidelines  on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation 2016/679 on 30 May 2018. The consultation ended on 12 July 2018 and the responses are being considered. The EDPB are also drafting guidelines on certification as an appropriate safeguard for international transfers of personal data (Article 46(2)(f). In more detail – Article 29 The WP29 draft guidelines on accreditation for certification bodies were published for consultation. The consultation closed on 30 March 2018 and the responses are being considered: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614486 02 August 2018 - 1.0.248 205 Guide to the data protection fee On 25 May 2018, the Data Protection (Charges and Information) Regulations 2018 (the 2018 Regulations) came into force, changing the way we fund our data protection work. Under the 2018 Regulations, organisations that determine the purpose for which personal data is processed (controllers) must pay a data protection fee unless they are exempt. The new data protection fee replaces the requirement to ‘notify’ (or register), which was in the Data Protection Act 1998 (the 1998 Act). Although the 2018 Regulations come into effect on 25 May 2018, this doesn’t mean everyone now has to pay the new fee. Controllers who have a current registration (or notification) under the 1998 Act do not have to pay the new fee until that registration has expired. Further Reading The data protection fee - a guide for controllers  For organisations PDF (103.28K)02 August 2018 - 1.0.248 206 Security At a glance A key principle of the GDPR is that you process personal data securely by means of ‘appropriate technical and organisational measures’ – this is the ‘security principle’. Doing this requires you to consider things like risk analysis, organisational policies, and physical and technical measures. You also have to take into account additional requirements about the security of your processing – and these also apply to data processors. You can consider the state of the art and costs of implementation when deciding what measures to take – but they must be appropriate both to your circumstances and the risk your processing poses. Where appropriate, you should look to use measures such as pseudonymisation and encryption. Your measures must ensure the ‘confidentiality, integrity and availability’ of your systems and services and the personal data you process within them. The measures must also enable you to restore access and availability to personal data in a timely manner in the event of a physical or technical incident. You also need to ensure that you have appropriate processes in place to test the effectiveness of your measures, and undertake any required improvements. Checklists ☐ We undertake an analysis of the risks presented by our processing, and use this to assess the appropriate level of security we need to put in place. ☐ When deciding what measures to implement, we take account of the state of the art and costs of implementation. ☐ We have an information security policy (or equivalent) and take steps to make sure the policy is implemented. ☐ Where necessary, we have additional policies and ensure that controls are in place to enforce them. ☐ We make sure that we regularly review our information security policies and measures and, where necessary, improve them. ☐ We have put in place basic technical controls such as those specified by established frameworks like Cyber Essentials. ☐ We understand that we may also need to put other technical measures in place depending on our circumstances and the type of personal data we process. ☐ We use encryption and/or pseudonymisation where it is appropriate to do so. ☐ We understand the requirements of confidentiality, integrity and availability for the personal02 August 2018 - 1.0.248 207 In brief What’s new? What does the GDPR say about security? Why should we worry about information security? What do we need to protect with our security measures? What level of security is required? What organisational measures do we need to consider? What technical measures do we need to consider? What if we operate in a sector that has its own security requirements? What do we do when a data processor is involved? Should we use pseudonymisation and encryption? What are ‘confidentiality, integrity, availability’ and ‘resilience’? What are the requirements for restoring availability and access to personal data? Are we required to ensure our security measures are effective? What about codes of conduct and certification? What about our staff? What’s new? The GDPR requires you to process personal data securely. This is not a new data protection obligation. It replaces and mirrors the previous requirement to have ‘appropriate technical and organisational measures’ under the Data Protection Act 1998 (the 1998 Act). However, the GDPR provides more specifics about what you have to do about the security of your processing and how you should assess your information risk and put appropriate security measures in place. Whilst these are broadly equivalent to what was considered good and best practice under the 1998 Act, they are now a legal requirement.data we process. ☐ We make sure that we can restore access to personal data in the event of any incidents, such as by establishing an appropriate backup process. ☐ We conduct regular testing and reviews of our measures to ensure they remain effective, and act on the results of those tests where they highlight areas for improvement. ☐ Where appropriate, we implement measures that adhere to an approved code of conduct or certification mechanism. ☐ We ensure that any data processor we use also implements appropriate technical and organisational measures.02 August 2018 - 1.0.248 208 What does the GDPR say about security? Article 5(1)(f) of the GDPR concerns the ‘integrity and confidentiality’ of personal data. It says that personal data shall be: You can refer to this as the GDPR’s ‘security principle’. It concerns the broad concept of information security . This means that you must have appropriate security to prevent the personal data you hold being accidentally or deliberately compromised. You should remember that while information security is sometimes considered as cybersecurity (the protection of your networks and information systems from attack), it also covers other things like physical and organisational security measures. You need to consider the security principle alongside Article 32 of the GDPR, which provides more specifics on the security of your processing. Article 32(1) states: Further Reading Why should we worry about information security? Poor information security leaves your systems and services at risk and may cause real harm and distress to individuals – lives may even be endangered in some extreme cases. Some examples of the harm caused by the loss or abuse of personal data include: identity fraud; fake credit card transactions; targeting of individuals by fraudsters, potentially made more convincing by compromised personal data; 'Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures'  ‘Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk’ Relevant provisions in the GDPR - See Articles 5(1)(f) and 32, and Recitals 39 and 83  External link02 August 2018 - 1.0.248 209 witnesses put at risk of physical harm or intimidation; offenders at risk from vigilantes; exposure of the addresses of service personnel, police and prison officers, and those at risk of domestic violence; fake applications for tax credits; and mortgage fraud. Although these consequences do not always happen, you should recognise that individuals are still entitled to be protected from less serious kinds of harm, for example embarrassment or inconvenience. Information security is important, not only because it is itself a legal requirement, but also because it can support good data governance and help you demonstrate your compliance with other aspects of the GDPR. The ICO is also required to consider the technical and organisational measures you had in place when considering an administrative fine. What do our security measures need to protect? The security principle goes beyond the way you store or transmit information. Every aspect of your processing of personal data is covered, not just cybersecurity. This means the security measures you put in place should seek to ensure that: the data can be accessed, altered, disclosed or deleted only by those you have authorised to do so (and that those people only act within the scope of the authority you give them); the data you hold is accurate and complete in relation to why you are processing it; and the data remains accessible and usable, ie, if personal data is accidentally lost, altered or destroyed, you should be able to recover it and therefore prevent any damage or distress to the individuals concerned. These are known as ‘confidentiality, integrity and availability’ and under the GDPR, they form part of your obligations. What level of security is required? The GDPR does not define the security measures that you should have in place. It requires you to have a level of security that is ‘appropriate’ to the risks presented by your processing. You need to consider this in relation to the state of the art and costs of implementation, as well as the nature, scope, context and purpose of your processing. This reflects both the GDPR’s risk-based approach, and that there is no ‘one size fits all’ solution to information security. It means that what’s ‘appropriate’ for you will depend on your own circumstances, the processing you’re doing, and the risks it presents to your organisation. So, before deciding what measures are appropriate, you need to assess your information risk. You should review the personal data you hold and the way you use it in order to assess how valuable, sensitive or confidential it is – as well as the damage or distress that may be caused if the data was compromised. You should also take account of factors such as: the nature and extent of your organisation’s premises and computer systems;02 August 2018 - 1.0.248 210 the number of staff you have and the extent of their access to personal data; and any personal data held or used by a data processor acting on your behalf. Further Reading We cannot provide a complete guide to all aspects of security in all circumstances for all organisations, but this guidance is intended to identify the main points for you to consider. What organisational measures do we need to consider? Carrying out an information risk assessment is one example of an organisational measure, but you will need to take other measures as well. You should aim to build a culture of security awareness within your organisation. You should identify a person with day-to-day responsibility for information security within your organisation and make sure this person has the appropriate resources and authority to do their job effectively. Clear accountability for security will ensure that you do not overlook these issues, and that your overall security posture does not become flawed or out of date. Although an information security policy is an example of an appropriate organisational measure, you may not need a ‘formal’ policy document or an associated set of policies in specific areas. It depends on your size and the amount and nature of the personal data you process, and the way you use that data. However, having a policy does enable you to demonstrate how you are taking steps to comply with the security principle. Whether or not you have such a policy, you still need to consider security and other related matters such as: co-ordination between key people in your organisation (eg the security manager will need to know about commissioning and disposing of any IT equipment); access to premises or equipment given to anyone outside your organisation (eg for computer maintenance) and the additional security considerations this will generate; business continuity arrangements that identify how you will protect and recover any personal dataRelevant provisions in the GDPR - See See Article 32(2) and Recital 83  External link  Example The Chief Executive of a medium-sized organisation asks the Director of Resources to ensure that appropriate security measures are in place, and that regular reports are made to the board. The Resources Department takes responsibility for designing and implementing the organisation’s security policy, writing procedures for staff to follow, organising staff training, checking whether security measures are actually being adhered to and investigating security incidents.02 August 2018 - 1.0.248 211 you hold; and periodic checks to ensure that your security measures remain appropriate and up to date. What technical measures do we need to consider? Technical measures are sometimes thought of as the protection of personal data held in computers and networks. Whilst these are of obvious importance, many security incidents can be due to the theft or loss of equipment, the abandonment of old computers or hard-copy records being lost, stolen or incorrectly disposed of. Technical measures therefore include both physical and computer or IT security. When considering physical security, you should look at factors such as: the quality of doors and locks, and the protection of your premises by such means as alarms, security lighting or CCTV; how you control access to your premises, and how visitors are supervised; how you dispose of any paper and electronic waste; and how you keep IT equipment, particularly mobile devices, secure. In the IT context, technical measures may sometimes be referred to as ‘cybersecurity’. This is a complex technical area that is constantly evolving, with new threats and vulnerabilities always emerging. It may therefore be sensible to assume that your systems are vulnerable and take steps to protect them. When considering cybersecurity, you should look at factors such as: system security – the security of your network and information systems, including those which process personal data; data security – the security of the data you hold within your systems, eg ensuring appropriate access controls are in place and that data is held securely; online security – eg the security of your website and any other online service or application that you use; and device security – including policies on Bring-your-own-Device (BYOD) if you offer it. Depending on the sophistication of your systems, your usage requirements and the technical expertise of your staff, you may need to obtain specialist information security advice that goes beyond the scope of this guidance. However, it’s also the case that you may not need a great deal of time and resources to secure your systems and the personal data they process. Whatever you do, you should remember the following: your cybersecurity measures need to be appropriate to the size and use of your network and information systems; you should take into account the state of technological development, but you are also able to consider the costs of implementation; your security must be appropriate to your business practices. For example, if you offer staff the ability to work from home, you need to put measures in place to ensure that this does not compromise your security; and your measures must be appropriate to the nature of the personal data you hold and the harm that might result from any compromise.02 August 2018 - 1.0.248 212 A good starting point is to make sure that you’re in line with the requirements of Cyber Essentials – a government scheme that includes a set of basic technical controls you can put in place relatively easily. You should however be aware that you may have to go beyond these requirements, depending on your processing activities. Cyber Essentials is only intended to provide a ‘base’ set of controls, and won’t address the circumstances of every organisation or the risks posed by every processing operation. A list of helpful sources of information about cybersecurity is provided below. What if we operate in a sector that has its own security requirements? Some industries have specific security requirements or require you to adhere to certain frameworks or standards. These may be set collectively, for example by industry bodies or trade associations, or could be set by other regulators. If you operate in these sectors, you need to be aware of their requirements, particularly if specific technical measures are specified. Although following these requirements will not necessarily equate to compliance with the GDPR’s security principle, the ICO will nevertheless consider these carefully in any considerations of regulatory action. It can be the case that they specify certain measures that you should have, and that those measures contribute to your overall security posture.Other resources The Cyber Essentials scheme  In more detail – ICO guidance Under the 1998 Act, the ICO published a number of more detailed guidance pieces on different aspects of IT security. We will be updating each of these to reflect the GDPR’s requirements in due course. However, until that time they may still provide you with assistance or things to consider. IT security top tips – for further general information on IT security; IT asset disposal for organisations (pdf) – guidance to help organisations securely dispose of old computers and other IT equipment; A practical guide to IT security – ideal for the small business (pdf); Protecting personal data in online services – learning from the mistakes of others (pdf) – detailed technical guidance on common technical errors the ICO has seen in its casework Bring your own device (BYOD) (pdf) – guidance for organisations who want to allow staff to use personal devices to process personal data; Cloud computing (pdf) – guidance covering how security requirements apply to personal data processed in the cloud; and Encryption – advice on the use of encryption to protect personal data.02 August 2018 - 1.0.248 213 What do we do when a data processor is involved? If one or more organisations process personal data on your behalf, then these are data processors under the GDPR. This can have the potential to cause security problems – as a data controller you are responsible for ensuring compliance with the GDPR and this includes what the processor does with the data. However, in addition to this, the GDPR’s security requirements also apply to any processor you use. This means that: you must choose a data processor that provides sufficient guarantees about its security measures; your written contract must stipulate that the processor takes all measures required under Article 32 – basically, the contract has to require the processor to undertake the same security measures that you would have to take if you were doing the processing yourself; and you should ensure that your contract includes a requirement that the processor makes available all information necessary to demonstrate compliance. This may include allowing for you to audit and inspect the processor, either yourself or an authorised third party. At the same time, your processor can assist you in ensuring compliance with your security obligations. For example, if you lack the resource or technical expertise to implement certain measures, engaging a processor that has these resources can assist you in making sure personal data is processed securely, provided that your contractual arrangements are appropriate. Further Reading Should we use pseudonymisation and encryption? Pseudonymisation and encryption are specified in the GDPR as two examples of measures that may be appropriate for you to implement. This does not mean that you are obliged to use these measures. It depends on the nature, scope, context and purposes of your processing, and the risks posed to Example If you are processing payment card data, you are obliged to comply with the Payment Card Industry Data Security Standard . The PCI-DSS outlines a number of specific technical and organisational measures that the payment card industry considers applicable whenever such data is being processed. Although compliance with the PCI-DSS is not necessarily equivalent to compliance with the GDPR’s security principle, if you process card data and suffer a personal data breach, the ICO will consider the extent to which you have put in place measures that PCI-DSS requires particularly if the breach related to a lack of a particular control or process mandated by the standard. Relevant provisions in the GDPR - See Articles 28 and 32, and Recitals 81 and 83  External link02 August 2018 - 1.0.248 214 individuals. However, there are a wide range of solutions that allow you to implement both without great cost or difficulty. For example, for a number of years the ICO has considered encryption to be an appropriate technical measure given its widespread availability and relatively low cost of implementation. This position has not altered due to the GDPR — if you are storing personal data, or transmitting it over the internet, we recommend that you use encryption and have a suitable policy in place, taking account of the residual risks involved. When considering what to put in place, you should undertake a risk analysis and document your findings. Further Reading What are ‘confidentiality, integrity, availability’ and ‘resilience’? Collectively known as the ‘CIA triad’, confidentiality, integrity and availability are the three key elements of information security. If any of the three elements is compromised, then there can be serious consequences, both for you as a data controller, and for the individuals whose data you process. The information security measures you implement should seek to guarantee all three both for the systems themselves and any data they process. The CIA triad has existed for a number of years and its concepts are well-known to security professionals. You are also required to have the ability to ensure the ‘resilience’ of your processing systems and services. Resilience refers to: whether your systems can continue operating under adverse conditions, such as those that may result from a physical or technical incident; and your ability to restore them to an effective state. This refers to things like business continuity plans, disaster recovery, and cyber resilience. Again, there is a wide range of solutions available here, and what is appropriate for you depends on your circumstances. Further ReadingRelevant provisions in the GDPR - See Article 32(1)(a) and Recital 83  External link In more detail – ICO guidance We have published detailed guidance on encryption under the 1998 Act. Much of this guidance still applies, however we are also working to update it to reflect the GDPR. Relevant provisions in the GDPR - See Article 32(1)(b) and Recital 83  02 August 2018 - 1.0.248 215 What are the requirements for restoring availability and access to personal data? You must have the ability to restore the availability and access to personal data in the event of a physical or technical incident in a ‘timely manner’. The GDPR does not define what a ‘timely manner’ should be. This therefore depends on: who you are; what systems you have; and the risk that may be posed to individuals if the personal data you process is unavailable for a period of time. The key point is that you have taken this into account during your information risk assessment and selection of security measures. For example, by ensuring that you have an appropriate backup process in place you will have some level of assurance that if your systems do suffer a physical or technical incident you can restore them, and therefore the personal data they hold, as soon as reasonably possible. Further ReadingExternal link  Example An organisation takes regular backups of its systems and the personal data held within them. It follows the well-known ‘3-2-1’ backup strategy: three copies, with two stored on different devices and one stored off-site. The organisation is targeted by a ransomware attack that results in the data being encrypted. This means that it is no longer able to access the personal data it holds. Depending on the nature of the organisation and the data it processes, this lack of availability can have significant consequences on individuals – and would therefore be a personal data breach under the GDPR. The ransomware has spread throughout the organisation’s systems, meaning that two of the backups are also unavailable. However, the third backup, being stored off-site, allows the organisation to restore its systems in a timely manner. There may still be a loss of personal data depending on when the off-site backup was taken, but having the ability to restore the systems means that whilst there will be some disruption to the service, the organisation are nevertheless able to comply with this requirement of the GDPR. Relevant provisions in the GDPR - See Article 32(1)(c) and Recital 83  External link02 August 2018 - 1.0.248 216 Are we required to ensure our security measures are effective? Yes, the GDPR specifically requires you to have a process for regularly testing, assessing and evaluating the effectiveness of any measures you put in place. What these tests look like, and how regularly you do them, will depend on your own circumstances. However, it’s important to note that the requirement in the GDPR concerns your measures in their entirety, therefore whatever ‘scope’ you choose for this testing should be appropriate to what you are doing, how you are doing it, and the data that you are processing. Technically, you can undertake this through a number of techniques, such as vulnerability scanning and penetration testing. These are essentially ‘stress tests’ of your network and information systems, which are designed to reveal areas of potential risk and things that you can improve. In some industries, you are required to undertake tests of security measures on a regular basis. The GDPR now makes this an obligation for all organisations. Importantly, it does not specify the type of testing, nor how regularly you should undertake it. It depends on your organisation and the personal data you are processing. You can undertake testing internally or externally. In some cases it is recommended that both take place. Whatever form of testing you undertake, you should document the results and make sure that you act upon any recommendations, or have a valid reason for not doing so, and implement appropriate safeguards. This is particularly important if your testing reveals potential critical flaws that could result in a personal data breach. Further Reading What about codes of conduct and certification? If your security measures include a product or service that adheres to a GDPR code of conduct (once any have been approved) or certification (once any have been issued), you may be able to use this as an element to demonstrate your compliance with the security principle. It is important that you check carefully that the code or certification is appropriately issued in accordance with the GDPR. Further ReadingRelevant provisions in the GDPR - See Article 32(1)(d) and Recital 83  External link Relevant provisions in the GDPR - See Article 32(3) and Recital 83  External link In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It02 August 2018 - 1.0.248 217 What about our staff? The GDPR requires you to ensure that anyone acting under your authority with access to personal data does not process that data unless you have instructed them to do so. It is therefore vital that your staff understand the importance of protecting personal data, are familiar with your security policy and put its procedures into practice. You should provide appropriate initial and refresher training, including: your responsibilities as a data controller under the GDPR; staff responsibilities for protecting personal data – including the possibility that they may commit criminal offences if they deliberately try to access or disclose these data without authority; the proper procedures to identify callers; the dangers of people trying to obtain personal data by deception (eg by pretending to be the individual whom the data concerns, or enabling staff to recognise ‘phishing’ attacks), or by persuading your staff to alter information when they should not do so; and any restrictions you place on the personal use of your systems by staff (eg to avoid virus infection or spam). Your staff training will only be effective if the individuals delivering it are themselves reliable and knowledgeable. Further Readingadopts guidelines for complying with the requirements of the GDPR. The EDPB will be producing specific guidance on certification in the coming months. The EDPB published for consultation draft guidelines  on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation 2016/679 on 30 May 2018. The consultation closed on 12 July 2018. The EDPB are also drafting guidelines on certification as an appropriate safeguard for international transfers of personal data (Article 46(2)(f). Relevant provisions in the GDPR - See Article 32(4) and Recital 83  External link Other resources The NCSC has detailed technical guidance  in a number of areas that will be relevant to you whenever you process personal data. Some examples include: 10 Steps to Cyber Security – The 10 Steps define and communicate an Information Risk Management Regime which can provide protection against cyber-attacks. The Cyber Essentials scheme  – this provides a set of basic technical controls that you can implement to guard against common cyber threats.02 August 2018 - 1.0.248 218 Risk management collection  – a collection of guidance on how to assess cyber risk. The government has produced relevant guidance on cybersecurity: CyberAware  – a cross-government awareness campaign developed by the Home Office, the Department for Digital, Culture, Media and Sport (‘DCMS’) and the NCSC. ‘Cybersecurity – what small businesses need to know’  – produced by DCMS and the department for Business, Enterprise, Innovation and Skills (‘BEIS’). Technical guidance produced by the European Union Agency for Network and Information Security (ENISA) may also assist you: Data protection section  at ENISA’s website In more detail – ICO guidance The ICO and NCSC have jointly produced guidance on security outcomes .02 August 2018 - 1.0.248 219 Encryption At a glance The GDPR requires you to implement appropriate technical and organisational measures to ensure you process personal data securely. Article 32 of the GDPR includes encryption as an example of an appropriate technical measure, depending on the nature and risks of your processing activities. Encryption is a widely-available measure with relatively low costs of implementation. There is a large variety of solutions available. You should have an encryption policy in place that governs how and when you implement encryption, and you should also train your staff in the use and importance of encryption. When storing or transmitting personal data, you should use encryption and ensure that your encryption solution meets current standards. You should be aware of the residual risks of encryption, and have steps in place to address these. Checklists Encryption In brief We understand that encryption can be an appropriate technical measure to ensure that we process personal data securely. We have an appropriate policy in place governing our use of encryption. We ensure that we educate our staff on the use and importance of encryption. We have assessed the nature and scope of our processing activities and have implemented encryption solution(s) to protect the personal data we store and/or transmit. We understand the residual risks that remain, even after we have implemented our encryption solution(s). Our encryption solution(s) meet current standards such as FIPS 140-2 and FIPS 197. We ensure that we keep our encryption solution(s) under review in the light of technological developments. We have considered the types of processing we undertake, and whether encryption can be used in this processing.02 August 2018 - 1.0.248 220 What's new? What is encryption? Encryption and data storage Encryption and data transfer What types of encryption are there? How should we implement encryption? What's new The GDPR’s security principle requires to you put in place appropriate technical and organisational measures to ensure you process personal data securely. Article 32 of the GDPR provides further considerations for the security of your processing. This includes specifying encryption as an example of an appropriate technical measure, depending on the risks involved and the specific circumstances of your processing. The ICO has seen numerous incidents of personal data being subject to unauthorised or unlawful processing, loss, damage or destruction. In many cases, the damage and distress caused by these incidents may have been reduced or even avoided had the personal data been encrypted. It is also the case that encryption solutions are widely available and can be deployed at relatively low cost. It is possible that, where data is lost or destroyed and it was not encrypted, regulatory action may be pursued (depending on the context of each incident). What is encryption? Encryption is a mathematical function that encodes data in such a way that only authorised users can access it. It is a way of safeguarding against unauthorised or unlawful processing of personal data, and is one way in which you can demonstrate compliance with the security principle. Encryption protects information stored on mobile and static devices and in transmission, and there are a number of different encryption options available. You should consider encryption alongside other technical and organisational measures, taking into account the benefits and risks it can offer. You should have a policy in place governing the use of encryption, including appropriate staff education. You should also be aware of any sector-specific guidance that applies to you, as this may require you to use encryption. Encryption and data storage Encrypting data whilst it is being stored provides effective protection against unauthorised or unlawful processing. Most modern operating systems have full-disk encryption built-in. You can also encrypt individual files or create encrypted containers. Some applications and databases can be configured to store data in encrypted form.02 August 2018 - 1.0.248 221 Storing encrypted data still poses residual risks. You will need to address these depending on the context, such as by means of an organisational policy and staff training Encryption and data transfer Encrypting personal data whilst it is being transferred provides effective protection against interception by a third party. You should use encrypted communications channels when transmitting any personal data over an untrusted network. You can encrypt data prior to transmission over an insecure channel and ensure it is still protected. However, a secure channel provides assurance that the content cannot be understood if it is intercepted. Without additional encryption methods, such as encrypting the data itself prior to transmission, the data will only be encrypted whilst in transit. Encrypted data transfer still poses residual risks. You will need to address these depending on the context, such as by means of an organisational policy and staff training. What types of encryption are there? The two types of encryption in widespread use today are symmetric and asymmetric encryption. With symmetric encryption, the same key is used for encryption and decryption. Conversely, with asymmetric encryption, different keys are used for encryption and decryption. When using symmetric encryption, it is critical to ensure that the key is transferred securely. The technique of cryptographic hashing is sometimes equated to encryption, but it is important to understand that encryption and hashing are not identical concepts, and are used for different purposes. How should we implement encryption? When implementing encryption it is important to consider four things: choosing the right algorithm, choosing the right key size, choosing the right software, and keeping the key secure. Over time, vulnerabilities may be discovered in encryption algorithms that can eventually make them insecure. You should regularly assess whether your encryption method remains appropriate. It is important to ensure that the key size is sufficiently large to protect against an attack over the lifetime of the data. You should therefore assess whether your key sizes remain appropriate. The encryption software you use is also crucial. You should ensure that any solution you implement meets current standards such as FIPS 140-2 and FIPS 197. Advice on appropriate encryption solutions is available from a number of organisations, including the National Cyber Security Centre (NCSC). You should also ensure that you keep your keys secure, and have processes in place to generate new keys when necessary to do so. 02 August 2018 - 1.0.248 222 Passwords in online services At a glance Although the GDPR does not say anything specific about passwords, you are required to process personal data securely by means of appropriate technical and organisational measures. Passwords are a commonly-used means of protecting access to systems that process personal data. Therefore, any password setup that you implement must be appropriate to the particular circumstances of this processing. You should consider whether there are any better alternatives to using passwords. Any password system you deploy must protect against theft of stored passwords and ‘brute-force’ or guessing attacks. There are a number of additional considerations you will need to take account of when designing your password system, such as the use of an appropriate hashing algorithm to store your passwords, protecting the means by which users enter their passwords, defending against common attacks and the use of two-factor authentication. In brief What is required under the GDPR? Choosing the right authentication scheme What should I consider when implementing a password system? What is required under the GDPR? The GDPR does not say anything specific about passwords. However, Article 5(1)(f) states that personal data shall be: This is the GDPR’s ‘integrity and confidentiality’ principle, or, more simply, the ‘security’ principle. So, although there are no provisions on passwords, the security principle requires you to take appropriate technical and organisational measures to prevent unauthorised processing of personal data you hold. This means that when you are considering a password setup to protect access to a system that processes personal data, that setup must be ‘appropriate’. What are the other considerations? ‘Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.’02 August 2018 - 1.0.248 223 Although the GDPR does not define what is ‘appropriate’, it does provide further considerations in Article 32, ‘security of processing’: This means that when considering any measures, you can consider the state of technological development and the cost of implementation – but the measures themselves must ensure a level of security appropriate to the nature of the data being protected and the harm that could be caused by unauthorised access. This means that you cannot simply set up a password system and then forget about it – there must be a periodic review process. You must also ensure that you are aware of the state of technological development in this area and must ensure that your processes and technologies are robust against evolving threats. For example, advances in processing power can reduce the effectiveness of cryptography, particular design choices can become outdated, and so on. You must also consider whether there might be better alternatives to passwords that can be used to secure a system. Article 25 of the GDPR also requires you to adopt a data protection by design approach. This means that whenever you develop systems and services that are involved in your processing, you should ensure that you take account of data protection considerations at the initial design stage and throughout the lifecycle. This applies to any password system you intend to use. At the same time, provided you properly implement a password system, it can be an element that can be used to demonstrate compliance with your obligations under data protection by design. Further Reading Choosing the right authentication scheme One of the biggest challenges you face when dealing with personal data online is ensuring that such data can be accessed only by those with the correct permissions - in other words, authenticating, and ‘Taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.’ Relevant provisions in the GDPR - See Articles 5(1)(f), 25, 32 and Recitals 39, 78 and 83  External link In more detail – ICO guidance Read our sections on security  and data protection by design  in the Guide to the GDPR.02 August 2018 - 1.0.248 224 authorising, the individual who is trying to gain access. It is commonly accepted that there are three main ways of authenticating people to a system – checking for: something the individual has (such as a smart card); something the individual is (this is usually a biometric measure, such as a fingerprint); or something the individual knows. Of these, the most commonly used is something the individual knows. In most cases something they know is taken to be a password. Passwords remain the most popular way that individuals authenticate to online services. The reason for this is that a password is generally the simplest method to deploy and the most familiar for individuals. Despite this, passwords carry well-known risks. The biggest risk is that people have generally seen passwords as a mathematical problem that can be solved by increasing complexity rules. This fails to take into account natural human behaviour which is to make passwords more easily memorable, regardless of the cost to security. A rigid focus on password strength rules with no consideration of the usual behaviour of people choosing passwords means that you can make inappropriate choices in setting up and maintaining of your authentication system. This could place the wider security of your systems or your users at risk. Are passwords the best choice? The success of using a password to properly authenticate a user of your service relies on the fact that their password remains a shared secret between you and them. When a password is shared amongst users or can be easily guessed by an attacker it can become extremely difficult to tell the difference between an authorised user and an imposter with stolen or guessed credentials. The proliferation of online services requiring individuals to create an account has meant that some have become overwhelmed with access credentials and defaulted to reusing a short and memorable password (often coupled with the same email address as a username) across multiple websites. The risk here is that if one service suffers a personal data breach and access credentials are compromised, these can be tested against other online services to gain access – a technique known as ‘credential stuffing’.  Example In 2012, the social networking site LinkedIn was hacked. It was thought at the time that passwords for around 6.5 million user accounts were stolen by cybercriminals. However, in May 2016, following the advertisement for sale on the dark web of 165 million user accounts and passwords, LinkedIn confirmed  that the 2012 attack had actually resulted in the theft of email addresses and hashed passwords of approximately 165 million users. The vast majority of the passwords were subsequently cracked and posted online less than a day after the further distribution, largely due to the use of SHA1 without a salt as the hashing algorithm. Due to the reuse of passwords across online services, a number of subsequent account takeovers at other services were attributed to the LinkedIn hack.02 August 2018 - 1.0.248 225 Before designing and implementing a new password system, you should consider whether it is necessary to do so, or whether there is a better alternative that can provide secure access. One common alternative to designing and implementing your own solution is to utilise a single sign on (SSO) system. While this has its advantages (not least a reduction in the number of passwords that a user has to remember) you must ensure that you are happy with the level of security that is offered by that system. You must also consider what will happen if the SSO is compromised, as this will most likely also result in your user’s accounts being compromised. What makes a secure and useable password system? A good password system is one that provides you with sufficient assurance that the individual attempting to log in is the user they claim to be. In practice, this means a good password system should protect against two types of attack: firstly, it should be as difficult as possible for attackers to access stored passwords in a useable form; and secondly, it should protect against attackers trying to brute force or guess a valid password and username combination. Your system should also make it as easy as possible for users to create secure and unique passwords that they can remember or store easily. It should not place an undue burden on individuals to make sure that their account is secure. Putting such barriers in place can result in users making less secure password choices. The advice provided in this guidance is a good starting point for most systems where personal data is being protected. It will be updated as necessary, but you should consider whether you need to apply a higher level of security given your particular circumstances. You should ensure that you stay up to date with the current capabilities of attackers who might try to compromise password systems. You should also consider advice from other sources, such as the National Cyber Security Centre (NCSC) and GetSafeOnline . What should I consider when implementing a password system? How should we store passwords? How should our users enter their passwords? What requirements should we set for user passwords?Further reading Guidance on passwords from the NCSC: Passwords: simplifying your approach  Using passwords to protect your data  Guidance on passwords from GetSafeOnline: Password protocol and control 02 August 2018 - 1.0.248 226 What should we do about password expirations and resets? What defences can we put in place against attacks? What else do we need to consider? How should we store passwords? Do not store passwords in plaintext - make sure you use a suitable hashing algorithm, or another mechanism that offers an equivalent level of protection against an attacker deriving the original password. Well-known hashing algorithms such as MD5 and SHA1 are not suitable for hashing passwords. Both algorithms have known security weaknesses which can be exploited, and you should not use these for password protection in any circumstances. You should also consider avoiding other fast algorithms. Use a hashing algorithm that has been specifically designed for passwords, such as bcrypt, scrypt or PBKDF2, with a salt of appropriate length. It is important that you review the hashing algorithms you use, as over time they can become outdated. Guidance on algorithms is available from a number of organisations such as the National Institute of Standards in Technology  (NIST) and the European Union Agency for Network and Information Security  (ENISA). You should also be aware of any sector-specific guidelines that are available and may be applicable to you, eg from the European Payments Council . You may also need to make sure that you can replace any algorithm that becomes obsolete. You should also ensure that the architecture around your password system does not allow for any inadvertent leaking of passwords in plaintext.  Example In 2018, Twitter and GitHub discovered that errors in their logging systems had led to plaintext passwords for users being stored in log files. Although the log files were not exposed to anyone outside of the organisations, both Twitter and GitHub recommended or required that users changed their passwords. 02 August 2018 - 1.0.248 227 How should our users enter their passwords? You should ensure that your login pages are protected with HTTPS, or some other equivalent level of protection. Failure to do so will mean that anyone who is in a position to intercept network traffic can obtain passwords and may be able to carry out replay attacks. You should also consider that many browsers now mark pages that require secure input (such as login pages) as insecure if they are delivered over HTTP. Make sure that password hashing is carried out server-side, rather than client-side. Hashing client-side will remove the protection afforded by hashing in the first place, unless other mitigations are put in place. This is a complicated area with a number of factors to consider. At the most basic level, if you are hashing client-side and an attacker obtains your password database, then those hashes can be presented directly to the server for a successful login. Also, you should not prevent users from pasting passwords into the password field. Preventing pasting is often seen as a security measure, but at the same time doing so can impede people from using password managers effectively. The NCSC’s position on password pasting is the same, as expressed in a blog post  discussing this issue in much more detail. Any attacks that are facilitated by allowing pasting can be defended against with proper rate limiting (see for more details on rate limiting). What requirements should we set for user passwords?Further reading Information on the status of a number of hashing functions can be found in NIST Special Publication 800-131A Revision 1 – Transitions: Recommendations for transitioning the use of cryptographic algorithms and key lengths  (2015) ENISA’s 2014 ‘ Algorithms, key size and parameters ’ report provides further information on the status of cryptographic hash functions. You should note that although SHA1 is listed as acceptable for legacy use, this was only until the SHA3 hashing function was finalised, which took place in 2015. SHA1 is now regarded as unsuitable for use. The European Payments Council’s guidance on the use of cryptographic algorithms  provides additional information if your organisation is part of this sector. Further reading – ICO guidance Read our guidance on encryption  for more information about secure data transfer and HTTPS. Further reading Read the NCSC’s ‘Let them paste passwords’  blog post for more information on why you should allow your users to paste passwords into password fields.02 August 2018 - 1.0.248 228 There are three general requirements for any password system that you will need to consider: password length—you should set a suitable minimum password length (this should be no less than 10 characters), but not a maximum length. If you are correctly hashing your passwords, then the output should be the same length for every password, and therefore the only limit to password length should be the way your website is coded. If you absolutely must set a maximum length due to the limitations of your website code, then tell users what it is before they try to enter a password; special characters—you should allow the use of special characters, but don’t mandate it. If you must disallow special characters (or spaces) make sure this is made clear before the user creates their password; and password blacklisting—do not allow your users to use a common, weak password. Screen passwords against a ‘password blacklist’ of the most commonly used passwords, leaked passwords from website breaches and common words or phrases that relate to the service. Update this list on a yearly basis. Explain to users that this is what you are doing, and that this is why a password has been rejected. Other than the three requirements listed above, do not set restrictions on how users should create a password. Current research (see ‘Further reading’ below) indicates that doing so will cause people to reuse passwords across accounts, to create weak passwords with obvious substitutions or to forget their passwords. All this places unnecessary stress on your reset process. Properly set up and configured password strength meters can be a good way to easily communicate the requirements listed above to your users, and research has shown that good meters can assist users in choosing strong passwords. If you decide to use one, make sure it properly reflects what constitutes a strong or weak password.  Example A password blacklist could be a feature of the software you use. Other lists are available online, e.g. SecLists  and haveibeenpwned's  password list. It is also possible to find easy implementations, such as NIST Bad Passwords , which uses SecLists. Further reading Microsoft’s password guidance  contains advice on passwords in the context of several Microsoft platforms. It includes guidance for IT administrators as well as users, and details a number of common password attacks and highlights a number of issues including the risks of placing restrictions on how users create passwords. Advice from the Federal Trade Commission  (FTC) also discusses these issues. For more information on password strength meters, read this analysis  from Sophos as well as the significant amount of research  from Carnegie Mellon University.02 August 2018 - 1.0.248 229 Finally, remind your users that they should not reuse passwords from other sites. In most circumstances you should not have any idea what your user’s passwords are. However, some companies will actively track compromised credentials that are traded on the dark web and will check these credentials against the hashes they hold on their systems to see if there is a match. If you decide that this is something you want to do you need to carefully consider the potential legal implications of obtaining such lists, and you will need to explain very clearly how you use that data to your users (especially where the use of such data has led to a password reset or an account lockout). What should we do about password expirations and resets? You should only set password expirations if they are absolutely necessary for your particular circumstances. Regular expiry often causes people to change a single strong password for a series of weak passwords. As a general rule, get your users to create a strong initial password and only change them if there are pressing reasons, such as a personal data breach. When deploying a password reset process you should ensure that it is secure. Do not send passwords over email, even if they are temporary – use one time links, and ensure that you do not leak the credentials in any referral headers. You should also not be in a position where a member of your staff is able to ‘read out’ a user’s password to them, eg over the phone in a service call—this indicates that you are storing passwords in plaintext, which is, as described above, not appropriate. If you require a password to validate a user over the phone, set a separate phone password for the account. You should also time limit any password reset credentials. The majority of users will probably reset their password immediately, but set a limit that fits your observed user behaviour. What defences can we put in place against attacks? Ensure that you are rate limiting or ‘throttling’ the number and frequency of incorrect login attempts. The precise number of attempts and the consequence of exceeding these limits will be for you to decide based on the specific circumstances of your organisation, but limiting to a certain number per hour, day and month is a good idea. This will help to deter both bulk attackers and people targeting individual accounts. There are additional considerations when implementing your rate limits:Further reading Read the FTC’s advice about the potential issues with mandatory password changes .  Example NIST guidance  recommends that accounts with internet access should be limited to 100 consecutive failed attempts on a single account within a 30 day period, unless otherwise specified in the system being deployed.02 August 2018 - 1.0.248 230 you should be aware that some attackers will deliberately work within your limits to avoid detection, and will still achieve a reasonable success rate, especially with targeted guessing; set your limits based on observed behaviour of both attackers and your users; be aware that overly-aggressive rate limiting can be used as a denial of service attack; and remember that a number of successful or unsuccessful access attempts to a range of different user accounts from the same device or IP address might also be indicative of a bulk attack. You should also consider whether other methods of preventing attacks might be appropriate. Examples of these methods could include, but are not limited to: the use of ‘CAPTCHAs’; whitelisting IP addresses; and time limits or time delays after failed authentications. What else do we need to consider? You will need to address how your system will respond to an attacker who has legitimate credentials for a user, or for multiple users. There is a distinct possibility that you will encounter this scenario given that both password reuse and website breaches are relatively common occurrences. Techniques for recognising common user behaviour are becoming more advanced, and you could use these to develop a risk-based approach to verifying an authentication attempt. For example, if a user logs in from a new device or IP address you might consider requesting a second authentication factor and informing the user by another contact method of the login attempt. It is however important to remember that collecting additional data from users in order to defend against authentication attacks could itself constitute processing personal data and should operate in compliance with the GDPR. This does not mean you cannot process this data, but you must ensure that you have considered the data protection implications of doing so. You should consider providing your users with the facility to review a list of unsuccessful login attempts. This will allow people who might be specifically targeted to check for potential attacks manually. However, this will only be useful if you pay attention to reports from individuals that their accounts are being attacked. You should also consider implementing two-factor or multifactor authentication wherever it is possible to do so - to take the most common example, a password and a one-time token generator. This will be more important where the personal data that can be accessed is of a sensitive nature, or could cause significant harm if it were compromised. Other examples of a second factor that could be used include biometrics  (fingerprints being the most common and easy to implement), smart cards or U2F keys and devices. You will however need to ensure that any processing of biometric data for the purposes of uniquely identifying an individual is done in accordance with the GDPR’s requirements for special category data, and/or an appropriate processing condition in Schedule 1 of the Data Protection Act 2018. In more detail – ICO guidance Read Protecting personal data in online services: learning from the mistakes of others  (PDF) for more information.02 August 2018 - 1.0.248 231 For more information on special category data, read the section on key definitions  in the Guide to the GDPR. Further reading Additional guidance on digital identities, hashing functions and algorithms and passwords in general includes: NIST’s Special Publication 800-63 on digital identity guidelines ; NIST’s policy on hashing functions ; ENISA’s 2014 report into ‘ Algorithms, key size and parameters ’; The International Working Group on Data Protection in Telecommunications (the ‘Berlin Group’) published a Working Paper on biometrics in online authentication  in 2016 (PDF); Guidance on cryptographic algorithms  from the European Payments Council; OWASP cheat sheet on password storage ; The NCSC’s password guidance ; Additional NCSC guidance on the use of multi-factor authentication in online services . Although primarily aimed at large organisations, this guidance summarises the considerations involved in implementing an ‘extra factor’ for authentication, including the options for those factors; and Cynosure Prime’s analysis of 320 million leaked passwords from the HaveIBeenPwned website .02 August 2018 - 1.0.248 232 Personal data breaches At a glance The GDPR introduces a duty on all organisations to report certain types of personal data breach to the relevant supervisory authority. You must do this within 72 hours of becoming aware of the breach, where feasible. If the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms, you must also inform those individuals without undue delay. You should ensure you have robust breach detection, investigation and internal reporting procedures in place. This will facilitate decision-making about whether or not you need to notify the relevant supervisory authority and the affected individuals. You must also keep a record of any personal data breaches, regardless of whether you are required to notify. Checklists Preparing for a personal data breach ☐ We know how to recognise a personal data breach. ☐ We understand that a personal data breach isn’t only about loss or theft of personal data. ☐ We have prepared a response plan for addressing any personal data breaches that occur. ☐ We have allocated responsibility for managing breaches to a dedicated person or team. ☐ Our staff know how to escalate a security incident to the appropriate person or team in our organisation to determine whether a breach has occurred. Responding to a personal data breach ☐ We have in place a process to assess the likely risk to individuals as a result of a breach. ☐ We know who is the relevant supervisory authority for our processing activities. ☐ We have a process to notify the ICO of a breach within 72 hours of becoming aware of it, even if we do not have all the details yet. ☐ We know what information we must give the ICO about a breach. ☐ We have a process to inform affected individuals about a breach when it is likely to result in a02 August 2018 - 1.0.248 233 In brief What is a personal data breach? A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes. It also means that a breach is more than just about losing personal data. A personal data breach can be broadly defined as a security incident that has affected the confidentiality, integrity or availability of personal data. In short, there will be a personal data breach whenever any personal data is lost, destroyed, corrupted or disclosed; if someone accesses the data or passes it on without proper authorisation; or if the data is made unavailable, for example, when it has been encrypted by ransomware, or accidentally lost or destroyed . Recital 87 of the GDPR makes clear that when a security incident takes place, you should quickly establish whether a personal data breach has occurred and, if so, promptly take steps to address it, including telling the ICO if required. What breaches do we need to notify the ICO about? When a personal data breach has occurred, you need to establish the likelihood and severity of the resulting risk to people’s rights and freedoms. If it’s likely that there will be a risk then you must notifyhigh risk to their rights and freedoms. ☐ We know we must inform affected individuals without undue delay. ☐ We know what information about a breach we must provide to individuals, and that we should provide advice to help them protect themselves from its effects. ☐ We document all breaches, even if they don’t all need to be reported.  Example Personal data breaches can include: access by an unauthorised third party; deliberate or accidental action (or inaction) by a controller or processor; sending personal data to an incorrect recipient; computing devices containing personal data being lost or stolen; alteration of personal data without permission; and loss of availability of personal data.02 August 2018 - 1.0.248 234 the ICO; if it’s unlikely then you don’t have to report it. However, if you decide you don’t need to report the breach, you need to be able to justify this decision, so you should document it. In assessing risk to rights and freedoms, it’s important to focus on the potential negative consequences for individuals. Recital 85 of the GDPR explains that: This means that a breach can have a range of adverse effects on individuals, which include emotional distress, and physical and material damage. Some personal data breaches will not lead to risks beyond possible inconvenience to those who need the data to do their job. Other breaches can significantly affect individuals whose personal data has been compromised. You need to assess this case by case, looking at all relevant factors. So, on becoming aware of a breach, you should try to contain it and assess the potential adverse consequences for individuals, based on how serious or substantial these are, and how likely they are to happen. For more details about assessing risk, please see section IV of the Article 29 Working Party (WP29) guidelines on personal data breach notification. WP29 has been replaced by the European Data Protection Board (EDPB) which has endorsed these guidelines. What role do processors have? If your organisation uses a data processor, and this processor suffers a breach, then under Article 33(2) it must inform you without undue delay as soon as it becomes aware. “A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned.”  Example The theft of a customer database, the data of which may be used to commit identity fraud, would need to be notified, given the impact this is likely to have on those individuals who could suffer financial loss or other consequences. On the other hand, you would not normally need to notify the ICO, for example, about the loss or inappropriate alteration of a staff telephone list.  Example02 August 2018 - 1.0.248 235 This requirement allows you to take steps to address the breach and meet your breach-reporting obligations under the GDPR. If you use a processor, the requirements on breach reporting should be detailed in the contract between you and your processor, as required under Article 28. For more details about contracts, please see our draft GDPR guidance on contracts and liabilities between controllers and processors . How much time do we have to report a breach? You must report a notifiable breach to the ICO without undue delay, but not later than 72 hours after becoming aware of it. If you take longer than this, you must give reasons for the delay. Section II of the WP29 Guidelines on personal data breach notification gives more details of when a controller can be considered to have “become aware” of a breach. What information must a breach notification to the supervisory authority contain? When reporting a breach, the GDPR says you must provide: a description of the nature of the personal data breach including, where possible: the categories and approximate number of individuals concerned; and the categories and approximate number of personal data records concerned; the name and contact details of the data protection officer (if your organisation has one) or other contact point where more information can be obtained; a description of the likely consequences of the personal data breach; and a description of the measures taken, or proposed to be taken, to deal with the personal data breach, including, where appropriate, the measures taken to mitigate any possible adverse effects. What if we don’t have all the required information available yet? The GDPR recognises that it will not always be possible to investigate a breach fully within 72 hours to understand exactly what has happened and what needs to be done to mitigate it. So Article 34(4) allows you to provide the required information in phases, as long as this is done without undue further delay. However, we expect controllers to prioritise the investigation, give it adequate resources, and expedite it urgently. You must still notify us of the breach when you become aware of it, and submit further information as soon as possible. If you know you won’t be able to provide full details within 72 hours, it is a good idea to explain the delay to us and tell us when you expect to submit more information.Your organisation (the controller) contracts an IT services firm (the processor) to archive and store customer records. The IT firm detects an attack on its network that results in personal data about its clients being unlawfully accessed. As this is a personal data breach, the IT firm promptly notifies you that the breach has taken place. You in turn notify the ICO. 02 August 2018 - 1.0.248 236 How do we notify a breach to the ICO? To notify the ICO of a personal data breach, please see our pages on reporting a breach . Remember, in the case of a breach affecting individuals in different EU countries, the ICO may not be the lead supervisory authority. This means that as part of your breach response plan, you should establish which European data protection agency would be your lead supervisory authority for the processing activities that have been subject to the breach. For more guidance on determining who your lead authority is, please see the WP29 guidance on identifying your lead authority , which has been endorsed by the EDPB. When do we need to tell individuals about a breach? If a breach is likely to result in a high risk to the rights and freedoms of individuals, the GDPR says you must inform those concerned directly and without undue delay. In other words, this should take place as soon as possible. A ‘high risk’ means the threshold for informing individuals is higher than for notifying the ICO. Again, you will need to assess both the severity of the potential or actual impact on individuals as a result of a breach and the likelihood of this occurring. If the impact of the breach is more severe, the risk is higher; if the likelihood of the consequences is greater, then again the risk is higher. In such cases, you will need to promptly inform those affected, particularly if there is a need to mitigate an immediate risk of damage to them. One of the main reasons for informing individuals is to help them take steps to protect themselves from the effects of a breach.Example You detect an intrusion into your network and become aware that files containing personal data have been accessed, but you don’t know how the attacker gained entry, to what extent that data was accessed, or whether the attacker also copied the data from your system. You notify the ICO within 72 hours of becoming aware of the breach, explaining that you don’t yet have all the relevant details, but that you expect to have the results of your investigation within a few days. Once your investigation uncovers details about the incident, you give the ICO more information about the breach without delay.  Example A hospital suffers a breach that results in an accidental disclosure of patient records. There is likely to be a significant impact on the affected individuals because of the sensitivity of the data and their confidential medical details becoming known to others. This is likely to result in a high risk to their rights and freedoms, so they would need to be informed about the breach. A university experiences a breach when a member of staff accidentally deletes a record of alumni contact details. The details are later re-created from a backup. This is unlikely to result in a high risk to the rights and freedoms of those individuals. They don’t need to be informed about the breach.02 August 2018 - 1.0.248 237 If you decide not to notify individuals, you will still need to notify the ICO unless you can demonstrate that the breach is unlikely to result in a risk to rights and freedoms. You should also remember that the ICO has the power to compel you to inform affected individuals if we consider there is a high risk. In any event, you should document your decision-making process in line with the requirements of the accountability principle. What information must we provide to individuals when telling them about a breach? You need to describe, in clear and plain language, the nature of the personal data breach and, at least: the name and contact details of your data protection officer (if your organisation has one) or other contact point where more information can be obtained; a description of the likely consequences of the personal data breach; and a description of the measures taken, or proposed to be taken, to deal with the personal data breach and including, where appropriate, of the measures taken to mitigate any possible adverse effects. Does the GDPR require us to take any other steps in response to a breach? You should ensure that you record all breaches, regardless of whether or not they need to be reported to the ICO. Article 33(5) requires you to document the facts relating to the breach, its effects and the remedial action taken. This is part of your overall obligation to comply with the accountability principle, and allows us to verify your organisation’s compliance with its notification duties under the GDPR. As with any security incident, you should investigate whether or not the breach was a result of human error or a systemic issue and see how a recurrence can be prevented – whether this is through better processes, further training or other corrective steps. What else should we take into account? The following aren’t specific GDPR requirements, but you may need to take them into account when you’ve experienced a breach. It is important to be aware that you may have additional notification obligations under other laws if you experience a personal data breach. For example: If you are a communications service provider, you must notify the ICO of any personal data breach within 24 hours under the Privacy and Electronic Communications Regulations (PECR). You should use our PECR breach notification form, rather than the GDPR process. Please see our pages on PECR for more details. If you are a UK trust service provider, you must notify the ICO of a security breach, which may include a personal data breach, within 24 hours under the Electronic Identification and Trust Services (eIDAS) Regulation. Where this includes a personal data breach you can use our eIDAS breach notification form or the GDPR breach-reporting process. However, if you report it to us under the GDPR, this still must be done within 24 hours. Please read our Guide to eIDAS for more information. If your organisation is an operator of essential services or a digital service provider, you will have incident-reporting obligations under the NIS Directive. These are separate from personal data breach notification under the GDPR. If you suffer an incident that’s also a personal data breach, you will still02 August 2018 - 1.0.248 238 need to report it to the ICO separately, and you should use the GDPR process for doing so. You may also need to consider notifying third parties such as the police, insurers, professional bodies, or bank or credit card companies who can help reduce the risk of financial loss to individuals. The EDPR, which has replaced WP29, may issue guidelines, recommendations and best practice advice that may include further guidance on personal data breaches. You should look out for any such future guidance. Likewise, you should be aware of any recommendations issued under relevant codes of conduct or sector-specific requirements that your organisation may be subject to. What happens if we fail to notify? Failing to notify a breach when required to do so can result in a significant fine up to 10 million euros or 2 per cent of your global turnover. The fine can be combined the ICO’s other corrective powers under Article 58. So it’s important to make sure you have a robust breach-reporting process in place to ensure you detect and can notify a breach, on time; and to provide the necessary details. Further Reading Relevant provisions in the GDPR - See Articles 33, 34, 58, 83 and Recitals 75, 85-88  External link In more detail - ICO guidance Security Accountability and governance Draft GDPR guidance on contracts and liabilities between controllers and processors Guide to PECR Notification of PECR security breaches Guide to eIDAS We are also working to update existing Data Protection Act 1998 guidance to reflect GDPR provisions. In the meantime, our existing guidance on encryption and A practical guide to IT security: ideal for the small business are good starting points. In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state. It adopts guidelines for complying with the requirements of the GDPR. WP29 published the following guidelines which have been endorsed by the EDPB: Guidelines on personal data breach notification Guidelines on lead supervisory authorities 02 August 2018 - 1.0.248 239 Other resourcesLead supervisory authority FAQs Report a security breach For organisations02 August 2018 - 1.0.248 240 International transfers At a glance The GDPR primarily applies to controllers and processors located in the European Economic Area (the EEA) with some exceptions. Individuals risk losing the protection of the GDPR if their personal data is transferred outside of the EEA. On that basis, the GDPR restricts transfers of personal data outside the EEA, or the protection of the GDPR, unless the rights of the individuals in respect of their personal data is protected in another way, or one of a limited number of exceptions applies. A transfer of personal data outside the protection of the GDPR (which we refer to as a ‘restricted transfer’), most often involves a transfer from inside the EEA to a country outside the EEA. If you wish to do so, you should answer the following questions, until you reach a provision which permits your restricted transfer: Are we planning to make a restricted transfer of personal data outside of the EEA? If no, you can make the transfer. If yes go to Q21. Do we need to make a restricted transfer of personal data in order to meet our purposes? If no, you can make the transfer without any personal data. If yes go to Q32. Has the EU made an ‘adequacy decision’ in relation to the country or territory where the receiver is located or a sector which covers the receiver? If yes, you can make the transfer. If no go to Q43. Have we put in place one of the ‘appropriate safeguards’ referred to in the GDPR? If yes, you can make the transfer. If no go to Q54. Does an exception provided for in the GDPR apply? If yes, you can make the transfer. If no you cannot make the transfer in accordance with the GDPR5. If you reach the end without finding a provision which permits the restricted transfer, you will be unable to make that restricted transfer in accordance with the GDPR. In brief What are the restrictions on international transfers? The GDPR restricts the transfer of personal data to countries outside the EEA, or international02 August 2018 - 1.0.248 241 organisations. These restrictions apply to all transfers, no matter the size of transfer or how often you carry them out. Further Reading Are we making a transfer of personal data outside the EEA? 1) Are we making a restricted transfer? You are making a restricted transfer if: the GDPR applies to your processing of the personal data you are transferring. The scope of the GDPR is set out in Article 2 (what is processing of personal data) and Article 3 (where the GDPR applies). Please see the section of the guide What is personal data . We will be providing guidance on where the GDPR applies later this year. In general, the GDPR applies if you are processing personal data in the EEA, and may apply in specific circumstances if you are outside the EEA and processing personal data about individuals in the EEA; you are sending personal data, or making it accessible, to a receiver to which the GDPR does not apply. Usually because they are located in a country outside the EEA; and the receiver is a separate organisation or individual. The receiver cannot be employed by you or by your company. It can be a company in the same group.In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state and each EEA state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB is currently working on its guidance in relation to International Transfers, and we will update our guide as this is published. Relevant provisions in the GDPR – see Article 44 and Recitals 101-102  External link  Example A UK company uses a centralised human resources service in the United States provided by its parent company. The UK company passes information about its employees to its parent company in connection with the HR service. This is a restricted transfer.  Example02 August 2018 - 1.0.248 242 Transfer does not mean the same as transit. If personal data is just electronically routed through a non-EEA country but the transfer is actually from one EEA country to another EEA country, then it is not a restricted transfer. You are making a restricted transfer if you collect information about individuals on paper, which is not ordered or structured in any way, and you send this to a service company located outside of the EEA, to: put into digital form; or add to a highly structured manual filing system relating to individuals. Putting personal data on to a website will often result in a restricted transfer. The restricted transfer takes place when someone outside the EEA accesses that personal data via the website. If you load personal data onto a UK server which is then available through a website, and you plan or anticipate that the website may be accessed from outside the EEA, you should treat this as a restricted transfer. 2) Is it to a country outside the EEA? The EEA countries consist of the EU member states and the EFTA States. The EU member states are Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.A UK company sells holidays in Australia. It sends the personal data of customers who have bought the holidays to the hotels they have chosen in Australia in order to secure their bookings. This is a restricted transfer.  Example Personal data is transferred from a controller in France to a controller in Ireland (both countries in the EEA) via a server in Australia. There is no intention that the personal data will be accessed or manipulated while it is in Australia. Therefore the transfer is only to Ireland.  Example A UK insurance broker sends a set of notes about individual customers to a company in a non-EEA country. These notes are handwritten and are not stored on computer or in any particular order. The non-EEA company adds the notes to a computer customer management system. This is a restricted transfer.02 August 2018 - 1.0.248 243 The EEA states are Iceland, Norway and Liechtenstein. The EEA Joint Committee has made a decision that the GDPR applies to those countries and transfers to those countries are not restricted. Further Reading Do we need to make a restricted transfer of personal data to outside the EEA? Before making a restricted transfer you should consider whether you can achieve your aims without actually sending personal data. If you make the data anonymous so that it is never possible to identify individuals (even when combined with other information which is available to receiver), it is not personal data. This means that the restrictions do not apply and you are free to transfer the anonymised data outside the EEA. Further Reading How do we make a restricted transfer in accordance with the GDPR? You must work through the following questions, in order. If by the last question, you are still unable to make the restricted transfer, then it will be in breach of the GDPR. Has the EU Commission made an ‘adequacy decision’ about the country or international organisation? If you are making a restricted transfer then you need to know whether it is covered by an EU Commission “adequacy decision”. This decision is a finding by the Commission that the legal framework in place in that country, territory or sector provides ‘adequate’ protection for individuals’ rights and freedoms for their personal data. Adequacy decisions made prior to GDPR, remain in force unless there is a further Commission decision which decides otherwise. The Commission plans to review these decisions at least once every four years. If it is covered by an adequacy decision, you may go ahead with the restricted transfer. Of course, you must still comply with the rest of the GDPR. All EU Commission adequacy decisions to date also cover restricted transfers made from EEA states. The EEA Joint Committee will need to make a formal decision to adopt any future EU Commission adequacy decisions, for them to cover restricted transfers from EEA states.Relevant provisions in the GDPR - see Article 44 and Recital 101  External link Relevant provisions in the GDPR – see Article 44 and Recital 26  External link02 August 2018 - 1.0.248 244 1) What ‘adequacy decisions’ have there been? As at July 2018 the Commission has made a full finding of adequacy about the following countries and territories: Andorra, Argentina, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay. The Commission has made partial findings of adequacy about Canada and the USA. The adequacy finding for Canada only covers data that is subject to Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). Not all data is subject to PIPEDA. For more details please see the Commission's FAQs  on the adequacy finding on the Canadian PIPEDA. The adequacy finding for the USA is only for personal data transfers covered by the EU-US Privacy Shield framework. The Privacy Shield places requirements on US companies certified by the scheme to protect personal data and provides for redress mechanisms for individuals. US Government departments such as the Department of Commerce oversee certification under the scheme. If you want to transfer personal data to a US organisation under the Privacy Shield, you need to: check on the Privacy Shield list  to see whether the organisation has a current certification; and make sure the certification covers the type of data you want to transfer. We are expecting an adequacy decision for Japan soon. You can view an up to date list of the countries which have an adequacy finding on the European Commission's data protection website . You should check back regularly for any changes. 2) What if there is no adequacy decision? You should move on to the next section Is the transfer covered by appropriate safeguards? Further Reading Relevant provisions in the GDPR – see Article 45 and Recitals 103-107 and 169  External link In more detail - ICO guidance Using the privacy shield to transfer data to the US  Other resources See the Privacy Shield website for more information.02 August 2018 - 1.0.248 245 Is the restricted transfer covered by appropriate safeguards? If there is no ‘adequacy decision’ about the country, territory or sector for your restricted transfer, you should then find out whether you can make the transfer subject to ‘appropriate safeguards’, which are listed in the GDPR. These appropriate safeguards ensure that both you and the receiver of the transfer are legally required to protect individuals’ rights and freedoms for their personal data. If it is covered by an appropriate safeguards, you may go ahead with the restricted transfer. Of course, you must still comply with the rest of the GDPR. Each appropriate safeguard is set out below: 1. A legally binding and enforceable instrument between public authorities or bodies You can make a restricted transfer if you are a public authority or body and you are transferring to another public authority or body, and you have both signed a contract or another legal instrument which is legally binding and enforceable. This contract or instrument must include enforceable rights and effective remedies for individuals whose personal data is transferred. This is not an appropriate safeguard if either you or the receiver are a private body or an individual. If you are a public authority or body which does not have the power to enter into legally binding and enforceable arrangements, you may consider an administrative arrangement which includes enforceable and effective individual rights . Further Reading 2. Binding corporate rules You can make a restricted transfer if both you and the receiver have signed up to a group document called binding corporate rules (BCRs). BCRs are an internal code of conduct operating within a multinational group, which applies to restricted transfers of personal data from the group's EEA entities to non-EEA group entities. This may be a corporate group or a group of undertakings or enterprises engaged in a joint economic activity, such as franchises or joint ventures. You must submit BCRs for approval to an EEA supervisory authority in an EEA country where one of the companies is based. Usually this is where the EEA head office is located, but it does not need to be. The criteria for choosing the lead authority for BCRs is laid down in the “Working Document Setting Forth a Co-Operation Procedure for the approval of “Binding Corporate Rules” for controllers and processors under the GDPR” (see “In more detail” below). One or two other supervisory authorities will be involved in the review and approval of BCRs (depending on how many EEA countries you are making restricted transfers from). These will be supervisory authorities where other companies signing up to those BCRs are located.Relevant provisions in the GDPR – see Article 46 and Recitals 108-109 and 114  External link02 August 2018 - 1.0.248 246 The concept of using BCRs to provide adequate safeguards for making restricted transfers was developed by the Article 29 Working Party in a series of working documents. These form a ‘toolkit’ for organisations. The documents, including application forms and guidance have all been revised and updated in line with GDPR (see “In more detail” below). Further Reading 3. Standard data protection clauses adopted by the Commission You can make a restricted transfer if you and the receiver have entered into a contract incorporating standard data protection clauses adopted by the Commission. These are known as the ‘standard contractual clauses’ (sometimes as ‘model clauses’). There are four sets which the Commission adopted under the Directive. They must be entered into by the data exporter (based in the EEA) and the data importer (outside the EEA). The clauses contain contractual obligations on the data exporter and the data importer, and rights for the individuals whose personal data is transferred. Individuals can directly enforce those rights against the data importer and the data exporter. There are two sets of standard contractual clauses for restricted transfers between a controller and controller, and two sets between a controller and processor. The earlier set of clauses between a controller and processor can no longer be used for new contracts, and are only valid for contracts entered into prior to 2010. The Commission plans to update the existing standard contractual clauses for the GDPR. Until then, you can still enter into contracts which include the Directive-based standard contractual clauses. Please keep checking the websites of the ICO and the Commission for further information. Existing contracts incorporating standard contractual clauses can continue to be used for restrictedIn more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state and each EEA state. It adopts guidelines for complying with the requirements of the GDPR. WP29 adopted the following guidelines, which have been endorsed by the EDPB: Table of elements and principles for controller BCRs  (WP256) Table of elements and principles for processor BCRs  (WP257) Co-Operation Procedure for the approval of “Binding Corporate Rules  (WP263.01) Application Form BCR -C  (WP264) Application Form BCR – P  (WP265) Relevant provisions in the GDPR – see Articles 46-47 and Recitals 108-110 and 114  External link02 August 2018 - 1.0.248 247 transfers (even once the Commission has adopted GDPR standard contractual clauses). If you are entering into a new contract, you must use the standard contractual clauses in their entirety and without amendment . You can include additional clauses on business related issues, provided that they do not contradict the standard contractual clauses. You can also add parties (i.e. additional data importers or exporters) provided they are also bound by the standard contractual clauses. If you are making a restricted transfer from a controller to another controller, you can choose which set of clauses to use, depending on which best suits your business arrangements. If you are making a restricted transfer from a controller to a processor, you also need to comply with the GDPR requirements about using processors . Further Reading 4. Standard data protection clauses adopted by a supervisory authority and approved by the Commission. You can make a restricted transfer from the UK if you enter into a contract incorporating standard data protection clauses adopted by the ICO. However, neither the ICO nor any other EEA supervisory authority has yet adopted any standard data Example A family books a holiday in Australia with a UK travel company. The UK travel company sends details of the booking to the Australian hotel. Each company is a separate controller, as it is processing the personal data for its own purposes and making its own decisions. The contract between the UK travel company and the hotel should use controller to controller standard contractual clauses. In more detail The Commission published the following standard contractual clauses: 2001 controller to controller  2004 controller to controller  2010 controller to processor  Relevant provisions in the GDPR – see Article 46 and Recitals 108-109 and 114  External link02 August 2018 - 1.0.248 248 protection clauses. They are likely to be similar to those adopted by the Commission (above), but will be first adopted by the supervisory authority and then approved by the Commission. We will add more details about using this option in due course. Further Reading 5. An approved code of conduct together with binding and enforceable commitments of the receiver outside the EEA You can make a restricted transfer if the receiver has signed up to a code of conduct, which has been approved by a supervisory authority. The code of conduct must include appropriate safeguards to protect the rights of individuals whose personal data transferred, and which can be directly enforced. The GDPR endorses the use of approved codes of conduct to demonstrate compliance with its requirements. This option is newly introduced by the GDPR and no approved codes of conduct are yet in use. We will add more details about this option in due course. Further Reading 6. Certification under an approved certification mechanism together with binding and enforceable commitments of the receiver outside the EEA You can make a restricted transfer if the receiver has a certification, under a scheme approved by a supervisory authority. The certification scheme must include appropriate safeguards to protect the rights of individuals whose personal data transferred, and which can be directly enforced. The GDPR also endorses the use of approved certification mechanisms to demonstrate compliance with its requirements.Relevant provisions in the GDPR – see Article 46 and Recitals 108-109 and 114  External link Relevant provisions in the GDPR – see Article 46 and Recitals 108-109 and 114  External link In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state and each EEA state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB is producing guidance on codes of conduct, in general and in relation to restricted transfers, which will be published in due course.02 August 2018 - 1.0.248 249 This option is newly introduced by the GDPR and no approved certification schemes are yet in use. We will add more details about this option in due course. Further Reading 7. Contractual clauses authorised by a supervisory authority You can make a restricted transfer if you and the receiver have entered into a bespoke contract governing a specific restricted transfer which has been individually authorised by the supervisory authority of the country from which the personal data is being exported. If you are making a restricted transfer from the UK, the ICO will have had to have approved the contract. At present the ICO is not authorising any such bespoke contracts, until guidance has been produced by the EDPB. 8. Administrative arrangements between public authorities or bodies which include enforceable and effective rights for the individuals whose personal data is transferred, and which have been authorised by a supervisory authority You can make a restricted transfer if: you are a public authority or body making a transfer to one or more public authorities or bodies; at least one of the public authorities or bodies does not have the power to use any of the other appropriate safeguards (set out above). For example, it cannot enter into a binding contract; you and the receiver have entered into an administrative arrangement, (usually a document) setting out appropriate safeguards regarding the personal data to be transferred and which provides for effective and enforceable rights by the individuals whose personal data is transferred; or the administrative arrangement has been individually authorised by the supervisory authority in the country (or countries) from which you are making the restricted transfer. If the restricted transfer is to be made from the UK, the ICO must approve it. This is not an appropriate safeguard for restricted transfers between a public and private body. This option is newly introduced by the GDPR and no approved administrative arrangements are yet in use. We will add more details about this option in due course.Relevant provisions in the GDPR – see Article 46 and Recitals 108-109 and 114  External link In more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state and each EEA state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB is producing guidance on certification schemes, in general and in relation to restricted transfers, which will be published in due course.02 August 2018 - 1.0.248 250 Further Reading What if the restricted transfer is not covered by appropriate safeguards? If it the restricted transfer is not covered by appropriate safeguards, then you need to consider the next question: Is the restricted transfer covered by an exception? Is the restricted transfer covered by an exception? If you are making a restricted transfer that is not covered by an adequacy decision, nor an appropriate safeguard, then you can only make that transfer if it is covered by one of the ‘exceptions’ set out in Article 49 of the GDPR. You should only use these as true ‘exceptions’ from the general rule that you should not make a restricted transfer unless it is covered by an adequacy decision or there are appropriate safeguards in place. If it is covered by an exception, you may go ahead with the restricted transfer. Of course, you must still comply with the rest of the GDPR. Each exception is set out below: Exception 1. Has the individual given his or her explicit consent to the restricted transfer? Please see the section on consent as to what is required for a valid explicit consent under the GDPR. As a valid consent must be both specific and informed, you must provide the individual with precise details about the restricted transfer. You cannot obtain a valid consent for restricted transfers in general. You should tell the individual: the identity of the receiver, or the categories of receiver; the country or countries to which the data is to be transferred; why you need to make a restricted transfer; the type of data; the individual’s right to withdraw consent; andIn more detail - European Data Protection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state and each EEA state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB is producing guidance on administrative arrangements, which will be published in due course. Relevant provisions in the GDPR – see Article 46 and Recitals 108-109 and 114  External link02 August 2018 - 1.0.248 251 the possible risks involved in making a transfer to a country which does not provide adequate protection for personal data and without any other appropriate safeguards in place. For example, you might explain that there will be no local supervisory authority, and no (or only limited) individual data protection or privacy rights. Given the high threshold for a valid consent, and that the consent must be capable of being withdrawn, this may mean that using consent is not a feasible solution. Exception 2. Do you have a contract with the individual? Is the restricted transfer necessary for you to perform that contract? Are you about to enter into a contract with the individual? Is the restricted transfer necessary for you to take steps requested by the individual in order to enter into that contract? This exception explicitly states that it can only be used for occasional restricted transfers. This means that the restricted transfer may happen more than once but not regularly. If you are regularly making restricted transfers, you should be putting in place an appropriate safeguard . The transfer must also be necessary , which means that you cannot perform the core purpose of the contract or the core purpose of the steps needed to enter into the contract, without making the restricted transfer. It does not cover a transfer for you to use a cloud based IT system. Public authorities cannot rely on this exception when exercising their public powers. Exception 3. Do you have (or are you entering into) a contract with an individual which benefits another individual whose data is being transferred? Is that transfer necessary for you to either enter into that contract or perform that contract? As set out in Exception 2, you may only use this exception for occasional transfers, and the transfer must be necessary for you to perform the core purposes of the contract or to enter into that contract. You may rely on both Exceptions 2 and 3: Exception 2 for the individual entering into the contract and Exception 3 for other people benefiting from that contract, often family members. Example A UK travel company offering bespoke travel arrangements may rely on this exception to send personal data to a hotel in Peru, provided that it does not regularly arrange for its customers to stay at that hotel. If it did, it should consider using an appropriate safeguard, such as the the standard contractual clauses . It is only necessary to send limited personal data for this purpose, such as the name of the guest, the room required and the length of stay. Example of necessary steps being taken at the individual’s request in order to enter into a contract: Before the package is confirmed (and the contract entered into), the individual wishes to reserve a room in the Peruvian hotel. The UK travel company has to send the Peruvian hotel the name of the customer in order to hold the room.02 August 2018 - 1.0.248 252 Exceptions 2 and 3 are not identical. You cannot rely on Exception 3 for any restricted transfers needed for steps taken prior to entering in to the contract. Public authorities cannot rely on this exception when exercising their public powers. Exception 4: You need to make the restricted transfer for important reasons of public interest. There must be an EU or UK law which states or implies that this type of transfer is allowed for important reasons of public interest, which may be in the spirit of reciprocity for international co-operation. For example an international agreement or convention (which the UK or EU has signed) that recognises certain objectives and provides for international co-operation (such as the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism ). This can be relied upon by both public and private entities. If a request is made by a non-EEA authority, requesting a restrictive transfer under this exception, and there is an international agreement such as a mutual assistance treaty (MLAT), you should consider referring the request to the existing MLAT or agreement. You should not rely on this exception for systematic transfers. Instead, you should consider one of the appropriate safeguards . You should only use it in specific situations, and each time you should satisfy yourself that the transfer is necessary for an important reason of public interest. Exception 5: You need to make the restricted transfer to establish if you have a legal claim, to make a legal claim or to defend a legal claim. This exception explicitly states that you can only use it for occasional transfers. This means that the transfer may happen more than once but not regularly. If you are regularly transferring personal data, you should put in place an appropriate safeguard . The transfer must be necessary, so there must be a close connection between the need for the transfer and the relevant legal claim. The claim must have a basis in law, and a formal legally defined process, but it is not just judicial or administrative procedures. This means that you can interpret what is a legal claim quite widely, to cover, for example: all judicial legal claims, in civil law (including contract law) and criminal law. The court procedure does not need to have been started, and it covers out-of-court procedures. It covers formal pre-trial discovery procedures. administrative or regulatory procedures, such as to defend an investigation (or potential Example Following the Exception 2 example, Exception 3 may apply if the customer is buying the travel package for themselves and their family. Once the customer has bought the package with the UK travel company, it may be necessary to send the names of the family members to Peruvian hotel in order to book the rooms. 02 August 2018 - 1.0.248 253 investigation) in anti-trust law or financial services regulation, or to seek approval for a merger. You cannot rely on this exception if there is only the mere possibility that a legal claim or other formal proceedings may be brought in the future. Public authorities can rely on this exception, in relation to the exercise of their powers. Exception 6: You need to make the restricted transfer to protect the vital interests of an individual. He or she must be physically or legally incapable of giving consent. This applies in a medical emergency where the transfer is needed in order to give the medical care required. The imminent risk of serious harm to the individual must outweigh any data protection concerns. You cannot rely on this exception to carry out general medical research. If the individual is physically and legally capable of giving consent, then you cannot rely on this exception. For detail as to what is considered a ‘vital interest’ under the GDPR, please see the section on vital interests as a condition of processing special category data . For detail as to what is ‘consent’ under the GDPR please see the section on consent . Exception 7: You are making the restricted transfer from a public register. The register must be created under UK or EU law and must be open to either: the public in general; or any person who can demonstrate a legitimate interest. For example, registers of companies, associations, criminal convictions, land registers or public vehicle registers. The whole of the register cannot be transferred, nor whole categories of personal data. The transfer must comply with any general laws which apply to disclosures from the public register. If the register has been established at law and access is only given to those with a legitimate interest, part of that assessment must take into account the data protection rights of the individuals whose personal data is to be transferred. This may include consideration of the risk to that personal data by transferring it to a country with less protection. This does not cover registers run by private companies, such as credit reference databases. Exception 8: you are making a one-off restricted transfer and it is in your compelling legitimate interests. If you cannot rely on any of the other exceptions, there is one final exception to consider. This exception should not be relied on lightly and never routinely as it is only for truly exceptional circumstances. For this exception to apply to your restricted transfer: there must be no adequacy decision which applies.1. you are unable to use any of the other appropriate safeguards. You must give serious consideration to this, even if it would involve significant investment from you.2. none of the other exceptions apply. Again, you must give serious consideration to the other3.02 August 2018 - 1.0.248 254 exceptions. It may be that you can obtain explicit consent with some effort or investment. your transfer must not be repetitive – that is it may happen more than once but not regularly.4. the personal data must only relate to a limited number of individuals. There is no absolute threshold for this. The number of individuals involved should be part of the balancing exercise you must undertake in para (g) below.5. The transfer must be necessary for your compelling legitimate interests. Please see the section of the guide on legitimate interests as a lawful basis for processing , but bearing mind that this exception requires a higher standard, as it must be a compelling legitimate interest. An example is a transfer of personal data to protect a company’s IT systems from serious immediate harm.6. On balance, your compelling legitimate interests outweigh the rights and freedoms of the individuals.7. You have made a full assessment of the circumstances surrounding the transfer and provided suitable safeguards to protect the personal data. Suitable safeguards might be strict confidentiality agreements, a requirement for data to be deleted soon after transfer, technical controls to prevent the use of the data for other purposes, or sending pseudonymised or encrypted data. This must be recorded in full in your documentation of your processing activities .8. You have informed the ICO of the transfer. We will ask to see full details of all the steps you have taken as set out above.9. You have informed the individual of the transfer and explained your compelling legitimate interest to them.10. Further Reading Relevant provisions in the GDPR – see Article 49 and Recitals 111-112  External link In more detail - European Data P rotection Board The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state and each EEA state. It adopts guidelines for complying with the requirements of the GDPR. The EDPB adopted Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679 02 August 2018 - 1.0.248 255 Exemptions At a glance The GDPR and the Data Protection Act 2018 set out exemptions from some of the rights and obligations in some circumstances. Whether or not you can rely on an exemption often depends on why you process personal data. You should not routinely rely on exemptions; you should consider them on a case-by-case basis. You should justify and document your reasons for relying on an exemption. If no exemption covers what you do with personal data, you need to comply with the GDPR as normal. Checklists In brief What’s new under the GDPR and the Data Protection Act 2018? What are exemptions? How do exemptions work? What exemptions are available? What’s new under the GDPR and the Data Protection Act 2018? Not much has changed. Most of the exemptions in the Data Protection Act 1998 (the 1998 Act) are included as exceptions built in to certain GDPR provisions or exemptions in the Data Protection Act 2018Exemptions ☐ We consider whether we can rely on an exemption on a case-by-case basis. ☐ Where appropriate, we carefully consider the extent to which the relevant GDPR requirements would be likely to prevent, seriously impair, or prejudice the achievement of our processing purposes. ☐ We justify and document our reasons for relying on an exemption. ☐ When an exemption does not apply (or no longer applies) to our processing of personal data, we comply with the GDPR’s requirements as normal.02 August 2018 - 1.0.248 256 (the DPA 2018). The ‘domestic purposes’ exemption in the 1998 Act is not replicated. This is because the GDPR does not apply to personal data processed in the course of a purely personal or household activity, with no connection to a professional or commercial activity. If you used to rely on certain exemptions under the 1998 Act, the things you are exempt from may have changed slightly under the GDPR and the DPA 2018. You should check what is covered by the exemptions in the DPA 2018 and ensure that your use of any of the exemptions is appropriate and compliant. What are exemptions? In some circumstances, the DPA 2018 provides an exemption from particular GDPR provisions. If an exemption applies, you may not have to comply with all the usual rights and obligations. There are several different exemptions; these are detailed in Schedules 2-4 of the DPA 2018. They add to and complement a number of exceptions already built in to certain GDPR provisions. This part of the Guide focuses on the exemptions in Schedules 2-4 of the DPA 2018. We give guidance on the exceptions built in to the GDPR in the parts of the Guide that relate to the relevant provisions. The exemptions in the DPA 2018 can relieve you of some of your obligations for things such as: the right to be informed; the right of access; dealing with other individual rights; reporting personal data breaches; and complying with the principles. Some exemptions apply to only one of the above, but others can exempt you from several things. Some things are not exemptions. This is simply because they are not covered by the GDPR. Here are some examples: Domestic purposes – personal data processed in the course of a purely personal or household activity, with no connection to a professional or commercial activity, is outside the GDPR’s scope. This means that if you only use personal data for such things as writing to friends and family or taking pictures for your own enjoyment, you are not subject to the GDPR. Law enforcement – the processing of personal data by competent authorities for law enforcement purposes is outside the GDPR’s scope (e.g. the Police investigating a crime). Instead, this type of processing is subject to the rules in Part 3 of the DPA 2018. See our Guide to Law Enforcement Processing for further information. National security – personal data processed for the purposes of safeguarding national security or defence is outside the GDPR’s scope. However, it is covered by Part 2, Chapter 3 of the DPA 2018 (the ‘applied GDPR’), which contains an exemption for national security and defence. How do exemptions work?02 August 2018 - 1.0.248 257 Whether or not you can rely on an exemption generally depends on your purposes for processing personal data. Some exemptions apply simply because you have a particular purpose. But others only apply to the extent that complying with the GDPR would: be likely to prejudice your purpose (e.g. have a damaging or detrimental effect on what you are doing); or prevent or seriously impair you from processing personal data in a way that is required or necessary for your purpose. Exemptions should not routinely be relied upon or applied in a blanket fashion. You must consider each exemption on a case-by-case basis. If an exemption does apply, sometimes you will be obliged to rely on it (for instance, if complying with GDPR would break another law), but sometimes you can choose whether or not to rely on it. In line with the accountability principle, you should justify and document your reasons for relying on an exemption so you can demonstrate your compliance. If you cannot identify an exemption that covers what you are doing with personal data, you must comply with the GDPR as normal. What exemptions are available? Crime, law and public protection Crime and taxation: general Crime and taxation: risk assessment Information required to be disclosed by law or in connection with legal proceedings Legal professional privilege Self incrimination Disclosure prohibited or restricted by an enactment Immigration Functions designed to protect the public Audit functions Bank of England functions Regulation, parliament and the judiciary Regulatory functions relating to legal services, the health service and children’s services Other regulatory functions Parliamentary privilege Judicial appointments, independence and proceedings Crown honours, dignities and appointments02 August 2018 - 1.0.248 258 Journalism, research and archiving Journalism, academia, art and literature Research and statistics Archiving in the public interest Health, social work, education and child abuse Health data – processed by a court Health data – an individual’s expectations and wishes Health data – serious harm Health data – restriction of the right of access Social work data – processed by a court Social work data – an individual’s expectations and wishes Social work data – serious harm Social work data – restriction of the right of access Education data – processed by a court Education data – serious harm Education data – restriction of the right of access Child abuse data Finance, management and negotiations Corporate finance Management forecasts Negotiations References and exams Confidential references Exam scripts and exam marks Subject access requests – information about other people Protection of the rights of others Crime and taxation: general There are two parts to this exemption. The first part can apply if you process personal data for the purposes of: the prevention and detection of crime;02 August 2018 - 1.0.248 259 the apprehension or prosecution of offenders; or the assessment or collection of a tax or duty or an imposition of a similar nature. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; notifying individuals of personal data breaches; the lawfulness, fairness and transparency principle, except the requirement for processing to be lawful; the purpose limitation principle; and all the other principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with these provisions would be likely to prejudice your purposes of processing. If this is not so, you must comply with the GDPR as normal. The second part of this exemption applies when another controller obtains personal data processed for any of the purposes mentioned above for the purposes of discharging statutory functions. The controller that obtains the personal data is exempt from the GDPR provisions below to the same extent that the original controller was exempt: The right to be informed. The right of access. All the principles, but only so far as they relate to the right to be informed and the right of access. Note that if you are a competent authority processing personal data for law enforcement purposes (e.g. the Police conducting a criminal investigation), your processing is subject to the rules of Part 3 of the DPA 2018. See our Guide to Law Enforcement Processing for information on how individual rights may be restricted when personal data is processed for law enforcement purposes by competent authorities. Further Reading Example A bank conducts an investigation into suspected financial fraud. The bank wants to pass its investigation file, including the personal data of several customers, to the National Crime Agency (NCA) for further investigation. The bank’s investigation and proposed disclosure to the NCA are for the purposes of the prevention and detection of crime. The bank decides that, were it to inform the individuals in question about this processing of their personal data, this would be likely to prejudice the investigation because they might abscond or destroy evidence. So the bank relies on the crime and taxation exemption and, in this case, does not comply with the right to be informed. Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 1,02 August 2018 - 1.0.248 260 Crime and taxation: risk assessment This exemption can apply to personal data in a classification applied to an individual as part of a risk assessment system. The risk assessment system must be operated by a government department, local authority, or another authority administering housing benefit, for the purposes of: the assessment or collection of a tax or duty; or the prevention or detection of crime or the apprehension or prosecution of offenders, where the offence involves the unlawful use of public money or an unlawful claim for payment out of public money. It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; all the principles, but only so far as they relate to the right to be informed and the right of access. But the exemption only applies to the extent that complying with these provisions would prevent the risk assessment system from operating effectively . If this is not so, you must comply with these provisions as normal. Further Reading Information required to be disclosed by law or in connection with legal proceedings This exemption has three parts. The first part can apply if you are required by law to make personal data available to the public. It exempts you from the GDPR’s provisions on:Paragraph 2  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1) and (2), 18(1), 19, 20(1) and (2), 21(1), and 34(1) and (4)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 1, Paragraph 3  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), and 15(1)-(3)  External link02 August 2018 - 1.0.248 261 the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; the lawfulness, fairness and transparency principle, except the requirement for processing to be lawful; the purpose limitation principle; and all the other principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with these provisions would prevent you meeting your legal obligation to make personal data publicly available. The second part of this exemption can apply if you are required by law, or court order, to disclose personal data to a third party. It exempts you from the same provisions as above, but only to the extent that complying with those provisions would prevent you disclosing the personal data. The third part of this exemption can apply if it is necessary for you to disclose personal data for the purposes of, or in connection with: legal proceedings, including prospective legal proceedings; obtaining legal advice; or establishing, exercising or defending legal rights. It exempts you from the same provisions as above, but only to the extent that complying with them would prevent you disclosing the personal data. If complying with these provisions would not prevent Example The Registrar of Companies is legally obliged to maintain a public register of certain information about companies, including the names and (subject to certain restrictions) addresses of company directors. A director asks to exercise his right to erasure by having his name and address removed from the register. The request does not need to be complied with as it would prevent the Registrar meeting his legal obligation to make that information publicly available.  Example An employer receives a court order to hand over the personnel file of one of its employees to an insurance company for the assessment of a claim. Normally, the employer would not be able to disclose this information because doing so would be incompatible with the original purposes for collecting the data (contravening the purpose limitation principle). However, on this occasion the employer is exempt from the purpose limitation principle’s requirements because it would prevent the employer disclosing personal data that it must do by court order.02 August 2018 - 1.0.248 262 the disclosure, you cannot rely on the exemption. Further Reading Legal professional privilege This exemption applies if you process personal data: to which a claim to legal professional privilege (or confidentiality of communications in Scotland) could be maintained in legal proceedings; or in respect of which a duty of confidentiality is owed by a professional legal adviser to his client. It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; and all the principles, but only so far as they relate to the right to be informed and the right of access. Further Reading Self incrimination This exemption can apply if complying with the GDPR provisions below would reveal evidence that you have committed an offence. It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; and all the principles, but only so far as they relate to the right to be informed and the right of access.Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 1, Paragraph 5  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 4, Paragraph 19  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), and 15(1)-(3)  External link02 August 2018 - 1.0.248 263 But the exemption only applies to the extent that complying with these provisions would expose you to proceedings for the offence. This exemption does not apply to an offence under the DPA 2018 or an offence regarding false statements made otherwise than on oath. But any information you do provide to an individual in response to a subject access request is not admissible against you in proceedings for an offence under the DPA 2018. Further Reading Disclosure prohibited or restricted by an enactment Five separate exemptions apply to personal data that is prohibited or restricted from disclosure by an enactment. Each of them exempts you from the GDPR’s provisions on: the right of access; and all the principles, but only so far as they relate to the right of access. But the exemptions only apply to personal data restricted or prohibited from disclosure by certain specific provisions of enactments covering: human fertilisation and embryology; adoption; special educational needs; parental orders; and children’s hearings. If you think any of these exemptions might apply to your processing of personal data, see Schedule 4 of the DPA 2018 for full details of the enactments that are covered. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 4, Paragraph 20  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), and 15(1)-(3)  External link Relevant provisions in the Data Protection Act 2018 (the exemptions) - Schedule 4  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5 and 15(1)-(3)  External link02 August 2018 - 1.0.248 264 Immigration There are two parts to this exemption. The first part can apply if you process personal data for the purposes of maintaining effective immigration control, including investigatory/detection work (the immigration purposes). It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; the right to erasure; the right to restrict processing; the right to object; all the principles, but only so far as they relate to the rights to be informed, of access, to erasure, to restrict processing and to object. But the exemption only applies to the extent that applying these provisions would be likely to prejudice processing for the immigration purposes. If not, the exemption does not apply. The second part of this exemption applies when personal data processed by any controller is obtained and processed by another controller for the immigration purposes. The controller that discloses the personal data is exempt from the GDPR’s provisions on: the right to be informed; the right of access; all the principles, but only so far as they relate to the right to be informed and the right of access. The exemption only applies to the same extent that the second controller is exempt from these provisions. Further Reading Functions designed to protect the public This exemption can apply if you process personal data for the purposes of discharging one of six functions designed to protect the public. The first four functions must: be conferred on a person by enactment; be a function of the Crown, a Minister of the Crown or a government department; or be of a public nature and exercised in the public interest. These functions are:Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 1, Paragraph 4  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 17(1)-(2), 18(1), and 21(1)  External link02 August 2018 - 1.0.248 265 to protect the public against financial loss due to the seriously improper conduct (or unfitness, or incompetence) of financial services providers, or in the management of bodies corporate, or due to the conduct of bankrupts;1. to protect the public against seriously improper conduct (or unfitness, or incompetence);2. to protect charities or community interest companies against misconduct or mismanagement in their administration, to protect the property of charities or community interest companies from loss or misapplication, or to recover the property of charities or community interest companies; or3. to secure workers’ health, safety and welfare or to protect others against health and safety risks in connection with (or arising from) someone at work.4. The fifth function must be conferred by enactment on: the Parliamentary Commissioner for Administration; the Commissioner for Local Administration in England; the Health Service Commissioner for England; the Public Services Ombudsman for Wales; the Northern Ireland Public Services Ombudsman; the Prison Ombudsman for Northern Ireland; or the Scottish Public Services Ombudsman. This function is: to protect the public from maladministration, or a failure in services provided by a public body, or from the failure to provide a service that it is a function of a public body to provide.5. The sixth function must be conferred by enactment on the Competition and Markets Authority. This function is: to protect members of the public from business conduct adversely affecting them, to regulate conduct (or agreements) preventing, restricting or distorting commercial competition, or to regulate undertakings abusing a dominant market position.6. If you process personal data for any of the above functions, you are exempt from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with these provisions would be likely to prejudice the proper discharge of your functions. If you can comply with these provisions and discharge your functions as normal, you must do so. Further Reading Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 1, Paragraph 7  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link02 August 2018 - 1.0.248 266 Audit functions This exemption can apply if you process personal data for the purposes of discharging a function conferred by enactment on: the Comptroller and Auditor General; the Auditor General for Scotland; the Auditor General for Wales; or the Comptroller and Auditor General for Northern Ireland. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with these provisions would be likely to prejudice the proper discharge of your functions. If it does not, you must comply with the GDPR as normal. Further Reading Bank of England functions This exemption can apply if you process personal data for the purposes of discharging a function of the Bank of England: in its capacity as a monetary authority; that is a public function (within the meaning of Section 349 of the Financial Services and Markets Act 2000); or that is conferred on the Prudential Regulation Authority by enactment. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; andRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 1, Paragraph 8  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link02 August 2018 - 1.0.248 267 all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with these provisions would be likely to prejudice the proper discharge of your functions. If this is not so, the exemption does not apply. Further Reading Regulatory functions relating to legal services, the health service and children’s services This exemption can apply if you process personal data for the purposes of discharging a function of: the Legal Services Board; considering a complaint under: Part 6 of the Legal Services Act 2007, Section 14 of the NHS Redress Act 2006, Section 113(1) or (2), or Section 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, Section 24D or 26 of the Children’s Act 1989, or Part 2A of the Public Services Ombudsman (Wales) Act 2005; or considering a complaint or representations under Chapter 1, Part 10 of the Social Services and Well-being (Wales) Act 2014. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with these provisions would be likely to prejudice the proper discharge of your functions. If you can comply with these provisions and discharge your functions as normal, you cannot rely on the exemption. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 1, Paragraph 9  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link02 August 2018 - 1.0.248 268 Other regulatory functions This exemption can apply if you process personal data for the purpose of discharging a regulatory function conferred under specific, listed legislation on any one of 14 bodies and persons. These are: the Information Commissioner; the Scottish Information Commissioner; the Pensions Ombudsman; the Board of the Pension Protection Fund; the Ombudsman for the Board of the Pension Protection Fund; the Pensions Regulator; the Financial Conduct Authority; the Financial Ombudsman; the investigator of complaints against the financial regulators; a consumer protection enforcer (other than the Competition and Markets Authority); the monitoring officer of a relevant authority; the monitoring officer of a relevant Welsh authority; the Public Services Ombudsman for Wales; or the Charity Commission. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with these provisions would be likely to prejudice the proper discharge of your function. If this is not so, you must comply with these provisions as you normally would. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 2, Paragraph 10  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 2, Paragraphs 11-12 02 August 2018 - 1.0.248 269 Parliamentary privilege This exemption can apply if it is required to avoid the privileges of either House of Parliament being infringed. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; the communication of personal data breaches to individuals; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But if you can comply with these provisions without infringing parliamentary privilege, you must do so. Further Reading Judicial appointments, independence and proceedings This exemption applies if you process personal data: for the purposes of assessing a person’s suitability for judicial office or the office of Queen’s Counsel; as an individual acting in a judicial capacity; or as a court or tribunal acting in its judicial capacity. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; andExternal link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 2, Paragraph 13  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), 21(1), and 34(1) and (4)  External link02 August 2018 - 1.0.248 270 all the principles, but only so far as they relate to the right to be informed and the other individual rights. Additionally, even if you do not process personal data for the reasons above, you are also exempt from the same provisions of the GDPR to the extent that complying with them would be likely to prejudice judicial independence or judicial proceedings. Further Reading Crown honours, dignities and appointments This exemption applies if you process personal data for the purposes of: conferring any honour or dignity by the Crown; or assessing a person’s suitability for any of the following offices: archbishops and diocesan and suffragan bishops in the Church of England, deans of cathedrals of the Church of England, deans and canons of the two Royal Peculiars, the First and Second Church Estates Commissioners, lord-lieutenants, Masters of Trinity College and Churchill College, Cambridge, the Provost of Eton, the Poet Laureate, or the Astronomer Royal. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 2, Paragraph 14  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 2, Paragraph 15 02 August 2018 - 1.0.248 271 Journalism, academia, art and literature This exemption can apply if you process personal data for: journalistic purposes; academic purposes; artistic purposes; or literary purposes. Together, these are known as the ‘special purposes’. The exemption relieves you from your obligations regarding the GDPR’s provisions on: all the principles, except the security and accountability principles; the lawful bases; the conditions for consent; children’s consent; the conditions for processing special categories of personal data and data about criminal convictions and offences; processing not requiring identification; the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; the communication of personal data breaches to individuals; consultation with the ICO for high risk processing; international transfers of personal data; and cooperation and consistency between supervisory authorities. But the exemption only applies to the extent that: as controller for the processing of personal data, you reasonably believe that compliance with these provisions would be incompatible with the special purposes (this must be more than just an inconvenience); the processing is being carried out with a view to the publication of some journalistic, academic, artistic or literary material; and you reasonably believe that the publication of the material would be in the public interest, taking into account the special importance of the general public interest in freedom of expression, any specific public interest in the particular subject, and the potential to harm individuals. When deciding whether it is reasonable to believe that publication would be in the public interest, youExternal link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 19, 20(1)-(2), and 21(1)  External link02 August 2018 - 1.0.248 272 must (if relevant) have regard to: the BBC Editorial Guidelines; the Ofcom Broadcasting Code; and the Editors’ Code of Practice. We expect you to be able to explain why the exemption is required in each case, and how and by whom this was considered at the time. The ICO does not have to agree with your view – but we must be satisfied that you had a reasonable belief. Further Reading Research and statistics This exemption can apply if you process personal data for: scientific or historical research purposes; or statistical purposes. It does not apply to the processing of personal data for commercial research purposes such as market research or customer satisfaction surveys. It exempts you from the GDPR’s provisions on: the right of access; the right to rectification; the right to restrict processing; and the right to object. The GDPR also provides exceptions from its provisions on the right to be informed (for indirectly collected data) and the right to erasure. But the exemption and the exceptions only apply: to the extent that complying with the provisions above would prevent or seriously impair the achievement of the purposes for processing; if the processing is subject to appropriate safeguards for individuals’ rights and freedoms (see Article 89(1) of the GDPR – among other things, you must implement data minimisation measures); if the processing is not likely to cause substantial damage or substantial distress to an individual;Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 5, Paragraph 26  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5(1)(a)-(e), 6, 7, 8(1)-(2), 9, 10, 11(2), 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1)(a)-(b) and (d), 19, 20(1)-(2), 21(1), 34(1) and (4), 36, 44, and 60-67  External link02 August 2018 - 1.0.248 273 if the processing is not used for measures or decisions about particular individuals, except for approved medical research; and as regards the right of access, the research results are not made available in a way that identifies individuals. Additionally, the GDPR contains specific provisions that adapt the application of the purpose limitation  and storage limitation  principles when you process personal data for scientific or historical research purposes, or statistical purposes. See the Guide pages on these principles for more detail. Further Reading Archiving in the public interest This exemption can apply if you process personal data for archiving purposes in the public interest. It exempts you from the GDPR’s provisions on: the right of access; the right to rectification; the right to restrict processing; the obligation to notify others regarding rectification, erasure or restriction; the right to data portability; and the right to object. The GDPR also provides exceptions from its provisions on the right to be informed (for indirectly collected data) and the right to erasure. But the exemption and the exceptions only apply: to the extent that complying with the provisions above would prevent or seriously impair the achievement of the purposes for processing; if the processing is subject to appropriate safeguards for individuals’ rights and freedoms (see Article 89(1) of the GDPR – among other things, you must implement data minimisation measures); if the processing is not likely to cause substantial damage or substantial distress to an individual; and if the processing is not used for measures or decisions about particular individuals, except for approved medical research. Additionally, the GDPR contains specific provisions that adapt the application of the purpose limitation and storage limitation principles when you process personal data for archiving purposes in the publicRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 6, Paragraph 27  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5(1)(b) and (e), 14(1)-(4), 15(1)-(3), 16, 18(1) and 21(1)  External link02 August 2018 - 1.0.248 274 interest. See the Guide pages on these principles for more detail. Further reading Health data – processed by a court This exemption can apply to health data (personal data concerning health) that is processed by a court. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies if the health data is: supplied in a report or evidence given to the court in the course of proceedings; and those proceedings are subject to certain specific statutory rules that allow the data to be withheld from the individual it relates to. If you think this exemption might apply to your processing of personal data, see paragraph 3(2) of Schedule 3, Part 2 of the DPA 2018 for full details of the statutory rules. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 6, Paragraph 28  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5(1)(b) and (e), 14(1)-(4), 15(1)-(3), 16, 18(1), 19, 20(1) and 21(1)  External link Relevant provisions in the GDPR (the appropriate safeguards) - Article 89(1) and Recital 156  External link Relevant provisions in the Data Protection Act 2018 (safeguards) - Section 19  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 2, Paragraph 3  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 20(1)-(2), and 21(1)  External link02 August 2018 - 1.0.248 275 Health data – an individual’s expectations and wishes This exemption can apply if you receive a request (in exercise of a power conferred by an enactment or rule of law) for health data from: someone with parental responsibility for an individual aged under 18 (or 16 in Scotland); or someone appointed by the court to manage the affairs of an individual who is incapable of managing their own affairs. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies to the extent that complying with the request would disclose information that: the individual provided in the expectation that it would not be disclosed to the requestor, unless the individual has since expressly indicated that they no longer have that expectation; was obtained as part of an examination or investigation to which the individual consented in the expectation that the information would not be disclosed in this way, unless the individual has since expressly indicated that they no longer have that expectation; or the individual has expressly indicated should not be disclosed in this way. Further Reading Health data – serious harm This exemption can apply if you receive a subject access request for health data. It exempts you from the GDPR’s provisions on the right of access regarding your processing of health data. But the exemption only applies to the extent that compliance with the right of access would be likely to cause serious harm to the physical or mental health of any individual. This is known as the ‘serious harm test’ for health data.Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 2, Paragraph 4  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 20(1)-(2), and 21(1)  External link02 August 2018 - 1.0.248 276 You can only rely on this exemption if: you are a health professional; or within the last six months you have obtained an opinion from an appropriate health professional that the serious harm test for health data is met. Even if you have done this, you still cannot rely on the exemption if it would be reasonable in all the circumstances to re-consult the appropriate health professional. If you think this exemption might apply to a subject access request you have received, see paragraph 2(1) of Schedule 3, Part 2 of the DPA 2018 for full details of who is considered an appropriate health professional. Further Reading Health data – restriction of the right of access This is a restriction rather than an exemption. It applies if you receive a subject access request for health data. It restricts you from disclosing health data in response to a subject access request, unless: you are a health professional; or within the last six months you have obtained an opinion from an appropriate health professional that the serious harm test for health data is not met. Even if you have done this, you must re-consult the appropriate health professional if it would be reasonable in all the circumstances. This restriction does not apply if you are satisfied that the health data has already been seen by, or is known by, the individual it is about. If you think this restriction could apply to a subject access request you have received, see paragraph 2(1) of Schedule 3, Part 2 of the DPA 2018 for full details of who is considered an appropriate health professional. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 2, Paragraph 5  External link Relevant provisions in the GDPR (the exempt provisions) - Article 15(1)-(3)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 2, Paragraph 6  External link Relevant provisions in the GDPR (the restricted provisions) - Article 15(1)-(3)  External link02 August 2018 - 1.0.248 277 Social work data – processed by a court This exemption can apply to social work data (personal data that isn’t health or education data) processed by a court. If you are unsure whether the data you process is social work data, see paragraphs 7(1) and 8 of Schedule 3, Part 3 of the DPA 2018 for full details of what this is. The exemption relieves you from your obligations regarding the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies if the social work data is: supplied in a report or evidence given to the court in the course of proceedings; and those proceedings are subject to certain specific statutory rules that allow the social work data to be withheld from the individual it relates to. If you think this exemption might apply to your processing of personal data, see paragraph 9(2) of Schedule 3, Part 3 of the DPA 2018 for full details of the statutory rules. Further Reading Social work data – an individual’s expectations and wishes This exemption can apply if you receive a request (in exercise of a power conferred by an enactment or rule of law) for social work data concerning an individual from: someone with parental responsibility for an individual aged under 18 (or 16 in Scotland); or someone appointed by court to manage the affairs of an individual who is incapable of managing their own affairs. It exempts you from the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individualRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 3, Paragraph 9  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 20(1)-(2), and 21(1)  External link02 August 2018 - 1.0.248 278 rights. But the exemption only applies to the extent that complying with the request would disclose information that: the individual provided in the expectation that it would not be disclosed to the requestor, unless the individual has since expressly indicated that they no longer have that expectation; was obtained as part of an examination or investigation to which the individual consented in the expectation that the information would not be disclosed in this way, unless the individual has since expressly indicated that they no longer have that expectation; or the individual has expressly indicated should not be disclosed in this way. Further Reading Social work data – serious harm This exemption can apply if you receive a subject access request for social work data. It exempts you from the GDPR’s provisions on the right of access regarding your processing of social work data. But the exemption only applies to the extent that complying with the right of access would be likely to prejudice carrying out social work because it would be likely to cause serious harm to the physical or mental health of any individual. This is known as the ‘serious harm test’ for social work data. Further Reading Social work data – restriction of the right of access This is a restriction rather than an exemption. It applies if you process social work data as a local authority in Scotland (as defined by the Social Work (Scotland) Act 1968), and you receive a subject access request for that data.Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 3, Paragraph 10  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 20(1)-(2), and 21(1)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 3, Paragraph 11  External link Relevant provisions in the GDPR (the exempt provisions) - Article 15(1)-(3)  External link02 August 2018 - 1.0.248 279 It restricts you from disclosing social work data in response to a subject access request if: the data came from the Principal Reporter (as defined by the Children’s Hearings (Scotland) Act 2011) in the course of his statutory duties; and the individual whom the data is about is not entitled to receive it from the Principal Reporter. If there is a question as to whether you need to comply with a subject access request in this situation, you must inform the Principal Reporter within 14 days of the question arising. You must not disclose the social work data in response to the subject access request unless the Principal Reporter has told you they think the serious harm test for social work data is not met. Further Reading Education data – processed by a court This exemption can apply to education data (personal data in an educational record) processed by a court. If you are unsure whether the data you process is ‘education data’, see paragraphs 13-17 of Schedule 3, Part 4 of the DPA 2018 for full details of what this is. The exemption relieves you from your obligations regarding the GDPR’s provisions on: the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; and all the principles, but only so far as they relate to the right to be informed and the other individual rights. But the exemption only applies if the education data is: supplied in a report or evidence given to the court in the course of proceedings; and those proceedings are subject to certain specific statutory rules that allow the education data to be withheld from the individual it relates to. If you think this exemption might apply to your processing of personal data, see paragraph 18(2) of Schedule 3, Part 4 of the DPA 2018 for full details of the statutory rules. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 3, Paragraph 12  External link Relevant provisions in the GDPR (the restricted provisions) - Article 15(1)-(3)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 4, Paragraph 18  External link02 August 2018 - 1.0.248 280 Education data – serious harm This exemption can apply if you receive a subject access request for education data. It exempts you from the GDPR’s provisions on the right of access regarding your processing of education data. But the exemption only applies to the extent that complying with the right of access would be likely to cause serious harm to the physical or mental health of any individual. This is known as the ‘serious harm test’ for education data. Further Reading Education data – restriction of the right of access This is a restriction rather than an exemption. It applies if you process education data as an education authority in Scotland (as defined by the Education (Scotland) Act 1980), and you receive a subject access request for that data. It restricts you from disclosing education data in response to a subject access request if: you believe that the data came from the Principal Reporter (as defined by the Children’s Hearings (Scotland) Act 2011) in the course of his statutory duties; and the individual whom the data is about is not entitled to receive it from the Principal Reporter. If there is a question as to whether you need to comply with a subject access request in this situation, you must inform the Principal Reporter within 14 days of the question arising. You must not disclose the education data in response to the subject access request unless the Principal Reporter has told you they think the serious harm test for education data is not met. Further ReadingRelevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), 15(1)-(3), 16, 17(1)-(2), 18(1), 20(1)-(2), and 21(1)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 4, Paragraph 19  External link Relevant provisions in the GDPR (the exempt provisions) - Article 15(1)-(3)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 4, Paragraph 20  External link02 August 2018 - 1.0.248 281 Child abuse data This exemption can apply if you receive a request (in exercise of a power conferred by an enactment or rule of law) for child abuse data. If you are unsure whether the data you process is ‘child abuse data’, see paragraph 21(3) of Schedule 3, Part 5 of the DPA 2018 for a definition. The exemption applies if the request is from: someone with parental responsibility for an individual aged under 18; or someone appointed by court to manage the affairs of an individual who is incapable of managing their own affairs. It exempts you from the GDPR’s provisions on the right of access. But the exemption only applies to the extent that complying with the request would not be in the best interests of the individual who the child abuse data is about. This exemption can only apply in England, Wales and Northern Ireland. It cannot apply in Scotland. Further Reading Corporate finance This exemption can apply if you process personal data in connection with a corporate finance service (e.g. if you underwrite financial instruments or give corporate finance advice to undertakings) that you are permitted to provide (as set out in the Financial Services and Markets Act 2000). It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; and all the principles, but only so far as they relate to the right to be informed and the right of access. But the exemption only applies to the extent that complying with the provisions above would: be likely to affect the price of an instrument; or have a prejudicial effect on the orderly functioning of financial markets (or the efficient allocation of capital within the economy), and you reasonably believe that complying with the provisions above could affect someone’s decision whether to: deal in, subscribe for or issue a financial instrument, orRelevant provisions in the GDPR (the restricted provisions) - Article 15(1)-(3)  External link Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 3, Part 5  External link Relevant provisions in the GDPR (the exempt provisions) - Article 15(1)-(3)  External link02 August 2018 - 1.0.248 282 act in a way likely to have an effect on a business activity (e.g. an effect on an undertaking’s capital structure, the legal or beneficial ownership of a business or asset or a person’s industrial strategy Further Reading Management forecasts This exemption can apply if you process personal data for the purposes of management forecasting or management planning in relation to a business or other activity. It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; and all the principles, but only so far as they relate to the right to be informed and the right of access. But the exemption only applies to the extent that compliance with the above provisions would be likely to prejudice the conduct of the business or activity. Further ReadingRelevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 4, Paragraph 21  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), and 15(1)-(3)  External link  Example The senior management of an organisation is planning a re-organisation. This is likely to involve making certain employees redundant, and this possibility is included in management plans. Before the plans are revealed to the workforce, an employee makes a subject access request. In responding to that request, the organisation does not have to reveal its plans to make him redundant if doing so would be likely to prejudice the conduct of the business (perhaps by causing staff unrest before the management’s plans are announced). Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 4, Paragraph 23  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), and02 August 2018 - 1.0.248 283 Negotiations This exemption can apply to personal data in records of your intentions relating to any negotiations with an individual. It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; and all the principles, but only so far as they relate to the right to be informed and the right of access. But it only applies to the extent that complying with the above provisions would be likely to prejudice negotiations with that individual. Further reading Confidential references This exemption applies if you give or receive a confidential reference for the purposes of prospective or actual: education, training or employment of an individual; placement of an individual as a volunteer;15(1)-(3)  External link  Example An individual makes a claim to his insurance company. The claim is for compensation for personal injuries he sustained in an accident. The insurance company disputes the seriousness of the injuries and the amount of compensation it should pay. An internal paper sets out the company’s position on these matters including the maximum sum it would be willing to pay to avoid the claim going to court. If the individual makes a subject access request to the insurance company, it would not have to send him the internal paper – because doing so would be likely to prejudice the negotiations to settle the claim. Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 4, Paragraph 22  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), and 15(1)-(3)  External link02 August 2018 - 1.0.248 284 appointment of an individual to office; or provision by an individual of any service. It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; and all the principles, but only so far as they relate to the right to be informed and the right of access. Further Reading Exam scripts and exam marks This exemption can apply to personal data in exam scripts. It exempts you from the GDPR’s provisions on: the right to be informed; the right of access; and all the principles, but only so far as they relate to the right to be informed and the right of access. But it only applies to the information recorded by candidates. This means candidates do not have the right to copies of their answers to the exam questions. However, the information recorded by the person marking the exam is not exempt from the above provisions. If an individual makes a subject access request for this information before the results are announced, special rules apply to how long you have to comply with the request. You must provide the information: within five months of receiving the request; or Example Company A provides an employment reference in confidence for one of its employees to company B. If the employee makes a subject access request to company A or company B, the reference will be exempt from disclosure. This is because the exemption applies to the reference regardless of whether it is in the hands of the company that gives it or receives it. Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 4, Paragraph 24  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 13(1)-(3), 14(1)-(4), and 15(1)-(3)  External link02 August 2018 - 1.0.248 285 within 40 days of announcing the exam results, if this is earlier. Further Reading Protection of the rights of others Paragraphs 16 and 17 of Schedule 2, Part 3 of the DPA 2018 provide an exemption that can apply if you receive a subject access request for information containing the personal data of more than one individual. See our Guide page on the right of access  for guidance on what to do if you receive a request for information that includes the personal data of other people.Relevant provisions in the Data Protection Act 2018 (the exemption) - Schedule 2, Part 4, Paragraph 25  External link Relevant provisions in the GDPR (the exempt provisions) - Articles 5, 12(3)-(4), 13(1)-(3), 14(1)-(4), and 15(1)-(3)  External link02 August 2018 - 1.0.248 286 Applications To assist organisations in applying the requirements of the GDPR in different contexts, we are working to produce guidance in a number of areas. For example, children’s data, CCTV, big data, etc. This section will expand when our work on this guidance is complete.02 August 2018 - 1.0.248 287 Children At a glance Children need particular protection when you are collecting and processing their personal data because they may be less aware of the risks involved. If you process children’s personal data then you should think about the need to protect them from the outset, and design your systems and processes with this in mind. Compliance with the data protection principles and in particular fairness should be central to all your processing of children’s personal data. You need to have a lawful basis for processing a child’s personal data. Consent is one possible lawful basis for processing, but it is not the only option. Sometimes using an alternative basis is more appropriate and provides better protection for the child. If you are relying on consent as your lawful basis for processing, when offering an online service directly to a child, in the UK only children aged 13 or over are able to provide their own consent. For children under this age you need to get consent from whoever holds parental responsibility for the child - unless the online service you offer is a preventive or counselling service. Children merit specific protection when you use their personal data for marketing purposes or creating personality or user profiles. You should not usually make decisions based solely on automated processing about children if this will have a legal or similarly significant effect on them. You should write clear privacy notices for children so that they are able to understand what will happen to their personal data, and what rights they have. Children have the same rights as adults over their personal data. These include the rights to access their personal data; request rectification; object to processing and have their personal data erased. An individual’s right to erasure is particularly relevant if they gave their consent to processing when they were a child. Checklists General ☐ We comply with all the requirements of the GDPR, not just those specifically relating to children and included in this checklist. ☐ We design our processing with children in mind from the outset, and use a data protection by design and by default approach. ☐ We make sure that our processing is fair and complies with the data protection principles. ☐ As a matter of good practice, we use DPIAs to help us assess and mitigate the risks to children.02 August 2018 - 1.0.248 288 ☐ If our processing is likely to result in a high risk to the rights and freedom of children then we always do a DPIA. ☐ As a matter of good practice, we take children’s views into account when designing our processing. Bases for processing a child’s personal data ☐ When relying on consent, we make sure that the child understands what they are consenting to, and we do not exploit any imbalance of power in the relationship between us. ☐ When relying on ‘necessary for the performance of a contract’, we consider the child’s competence to understand what they are agreeing to, and to enter into a contract. ☐ When relying upon ‘legitimate interests’, we take responsibility for identifying the risks and consequences of the processing, and put age appropriate safeguards in place.02 August 2018 - 1.0.248 289 Offering an information Society Service (ISS) directly to a child, on the basis of consent ☐ If we decide not to offer our ISS (online service) directly to children, then we mitigate the risk of them gaining access, using measures that are proportionate to the risks inherent in the processing. ☐ When offering ISS to UK children on the basis of consent, we make reasonable efforts (taking into account the available technology and the risks inherent in the processing) to ensure that anyone who provides their own consent is at least 13 years old. ☐ When offering ISS to UK children on the basis of consent, we obtain parental consent to the processing for children who are under the age of 13, and make reasonable efforts (taking into account the available technology and risks inherent in the processing) to verify that the person providing consent holds parental responsibility for the child. ☐ When targeting wider European markets we comply with the age limits applicable in each Member State. ☐ We regularly review available age verification and parental responsibility verification mechanisms to ensure we are using appropriate current technology to reduce risk in the processing of children’s personal data. ☐ We don’t seek parental consent when offering online preventive or counselling services to a child. Marketing ☐ When considering targeting marketing at children we take into account their reduced ability to recognise and critically assess the purposes behind the processing and the potential consequences of providing their personal data. ☐ We take into account sector specific guidance on marketing, such as that issued by the Advertising Standards Authority, to make sure that children’s personal data is not used in a way that might lead to their exploitation. ☐ We stop processing a child’s personal data for the purposes of direct marketing if they ask us to. ☐ We comply with the direct marketing requirements of the Privacy and Electronic Communications Regulations (PECR).02 August 2018 - 1.0.248 290 Solely automated decision making (including profiling) ☐ We don’t usually use children’s personal data to make solely automated decisions about them if these will have a legal, or similarly significant effect upon them. ☐ If we do use children’s personal data to make such decisions then we make sure that one of the exceptions in Article 22(2) applies and that suitable, child appropriate, measures are in place to safeguard the child’s rights, freedoms and legitimate interests. ☐ In the context of behavioural advertising, when deciding whether a solely automated decision has a similarly significant effect upon a child, we take into account: the choices and behaviours that we are seeking to influence; the way in which these might affect the child; and the child’s increased vulnerability to this form of advertising; using wider evidence on these matters to support our assessment. ☐ We stop any profiling of a child that is related to direct marketing if they ask us to. Data Sharing ☐ We follow the approach in the ICO’s Data Sharing Code of Practice. Privacy notices ☐ Our privacy notices are clear, and presented in plain, age-appropriate language. ☐ We use child friendly ways of presenting privacy information, such as: diagrams, cartoons, graphics and videos, dashboards, layered and just-in-time notices, icons and symbols. ☐ We explain to children why we require the personal data we have asked for, and what we will do with it, in a way which they can understand. ☐ As a matter of good practice, we explain the risks inherent in the processing, and how we intend to safeguard against them, in a child friendly way, so that children (and their parents) understand the implications of sharing their personal data. ☐ We tell children what rights they have over their personal data in language they can understand.02 August 2018 - 1.0.248 291 In brief What's new? A child’s personal data merits particular protection under the GDPR. If you rely on consent as your lawful basis for processing personal data when offering an ISS directly to children, in the UK only children aged 13 or over are able provide their own consent. You may therefore need to verify that anyone giving their own consent in these circumstances is old enough to do so. For children under this age you need to get consent from whoever holds parental responsibility for them - unless the ISS you offer is an online preventive or counselling service. You must also make reasonable efforts (using available technology) to verify that the person giving consent does, in fact, hold parental responsibility for the child. Children also merit specific protection when you are collecting their personal data and using it for marketing purposes or creating personality or user profiles. You should not usually make decisions about children based solely on automated processing if this will have a legal or similarly significant effect on them. The circumstances in which the GDPR allows you to make such decisions are limited and only apply if you have suitable measures to protect the interests of the child in place. You must write clear and age-appropriate privacy notices for children. The right to have personal data erased is particularly relevant when the individual gave their consent to processing when they were a child. What should our general approach to processing children’s personal data be? Children need particular protection when you are collecting and processing their personal data because they may be less aware of the risks involved. If you process children’s personal data, or think that you might, then you should consider the need to protect them from the outset, and design your systems and processes with this in mind.The child’s data protection rights ☐ We design the processes by which a child can exercise their data protection rights with the child in mind, and make them easy for children to access and understand. ☐ We allow competent children to exercise their own data protection rights. ☐ If our original processing was based on consent provided when the individual was a child, then we comply with requests for erasure whenever we can. ☐ We design our processes so that, as far as possible, it is as easy for a child to get their personal data erased as it was for them to provide it in the first place.02 August 2018 - 1.0.248 292 Fairness, and compliance with the data protection principles, should be central to all your processing of children’s personal data. It is good practice to consider children’s views when designing your processing. What do we need to consider when choosing a basis for processing children’s personal data? As with adults, you need to have a lawful basis for processing a child’s personal data and you need to decide what that basis is before you start processing. You can use any of the lawful bases for processing set out in the GDPR when processing children’s personal data. But for some bases there are additional things you need to think about when your data subject is a child. If you wish to rely upon consent as your lawful basis for processing, then you need to ensure that the child can understand what they are consenting to, otherwise the consent is not ‘informed’ and therefore is invalid. There are also some additional rules for online consent. If you wish to rely upon ‘performance of a contract’ as your lawful basis for processing, then you must consider the child’s competence to agree to the contract and to understand the implications of the processing. If you wish to rely upon legitimate interests as your lawful basis for processing you must balance your own (or a third party’s) legitimate interests in processing the personal data against the interests and fundamental rights and freedoms of the child. This involves a judgement as to the nature and purpose of the processing and the potential risks it poses to children. It also requires you to take appropriate measures to safeguard against those risks. What are the rules about an ISS and consent? Consent is not the only basis for processing children’s personal data in the context of an ISS. If you rely upon consent as your lawful basis for processing personal data when offering an ISS directly to children, in the UK only children aged 13 or over can consent for themselves. You therefore need to make reasonable efforts to verify that anyone giving their own consent in this context is old enough to do so. For children under this age you need to get consent from whoever holds parental responsibility for them - unless the ISS you offer is an online preventive or counselling service. You must make reasonable efforts (using available technology) to verify that the person giving consent does, in fact, hold parental responsibility for the child. You should regularly review the steps you are taking to protect children’s personal data and consider whether you are able to implement more effective verification mechanisms when obtaining consent for processing. What if we want to target children with marketing? Children merit specific protection when you are using their personal data for marketing purposes. You should not exploit any lack of understanding or vulnerability. They have the same right as adults to object to you processing their personal data for direct marketing. So you must stop doing this if a child (or someone acting on their behalf) asks you to do so.02 August 2018 - 1.0.248 293 If you wish to send electronic marketing messages to children then you also need to comply with the Privacy and Electronic Communications Regulations 2003. What if we want to profile children or make automated decisions about them? In most circumstances you should not make decisions about children that are based solely on automated processing, (including profiling) if these have a legal effect on the child, or similarly significantly affect them. If you do make such decisions you need to make sure that you put suitable measures in place to protect the rights, freedoms and legitimate interests of the child. If you profile children then you must provide them with clear information about what you are doing with their personal data. You should not exploit any lack of understanding or vulnerability. You should generally avoid profiling children for marketing purposes. You must respect a child’s absolute right to object to profiling that is related to direct marketing, and stop doing this if they ask you to. It is possible for behavioural advertising to ‘similarly significantly affect’ a child. It depends on the nature of the choices and behaviour it seeks to influence. What about data-sharing and children’s personal data? If you want to share children’s personal data with third parties then you need to follow the advice in our data sharing Code of Practice. We also recommend that you do a DPIA. How do the exemptions apply to children’s personal data? The exemptions apply to children’s personal data in the same way as they apply to adults’ personal data. They may allow you to process children’s personal data in ways that the GDPR would not otherwise allow. You need to consider and apply the specific provisions of the individual exemption. How does the right to be informed apply to children? You must provide children with the same information about what you do with their personal data as you give adults. It is good practice to also explain the risks inherent in the processing and the safeguards you have put in place. You should write in a concise, clear and plain style for any information you are directing to children. It should be age-appropriate and presented in a way that appeals to a young audience. What rights do children have? Children have the same rights as adults over their personal data which they can exercise as long as they are competent to do so. Where a child is not considered to be competent, an adult with parental responsibility may usually exercise the child’s data protection rights on their behalf. How does the right to erasure apply to children? Children have the same right to have their personal data erased as adults. This right is particularly relevant when an individual originally gave their consent to processing when they were a child, without being fully aware of the risks.02 August 2018 - 1.0.248 294 One of the specified circumstances in which the right to erasure applies is when you collected the personal data of a child under the lawful basis of consent, when offering an ISS directly to a child. It should generally be as easy for a child to exercise their right to erasure as it was for them to provide their personal data in the first place. Further reading We have published detailed guidance on children and the GDPR .02 August 2018 - 1.0.248 295
Principles of Artificial Intelligence ( PDFDrive ).pdf
Principles of Artificial Intelligence NILS J. NILSSON Stanford University MORGAN KAUFMANN PUBLISHERS, INC. Library of Congress Cataloging-in-Publication Data Nilsson, Nils J., 1933- Principles of artificial intelligence. Reprint. Originally published: Palo Alto, Calif. : TiogaPub. Co., © 1980. Bibliography: p. Includes indexes. 1. Artificial intelligence. I. Title. Q335.N515 1986 006.3 86-2815 ISBN 0-934613-10-9 Copyright © 1980 Morgan Kaufmann Publishers, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America. Library of Congress Catalog Card Number 86-2815. The figures listed below are from "Problem-Solving Methods in Artifi­ cial Intelligence" by Nils J. Nilsson, copyright © 1971 McGraw-Hill Book Company. Used with permission of McGraw-Hill Book Company. Figures 1.4, 1.5, 1.6, 1.13, 2.6, 2.7, 2.8, 2.9, 2.12, 2.13, 3.8, 3.9, 3.10, 3.11, 3.12, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, and 5.14. ISBN 0-934613-10-9 (Previously published by Tioga Publishing Co. under ISBN 0-935382-01-1) FG-DO for Kristen and Lars PREFACE Previous treatments of Artificial Intelligence (AI) divide the subject into its major areas of application, namely, natural language processing, automatic programming, robotics, machine vision, automatic theorem proving, intelligent data retrieval systems, etc. The major difficulty with this approach is that these application areas are now so extensive, that each could, at best, be only superficially treated in a book of this length. Instead, I have attempted here to describe fundamental AI ideas that underlie many of these applications. My organization of these ideas is not, then, based on the subject matter of their application, but is, instead, based on general computational concepts involving the kinds of data structures used, the types of operations performed on these data struc­ tures, and the properties of control strategies used by AI systems. I stress, in particular, the important roles played in AI by generalized production systems and the predicate calculus. The notes on which the book is based evolved in courses and seminars at Stanford University and at the University of Massachusetts at Amherst. Although certain topics treated in my previous book, Problem- solving Methods in Artificial Intelligence, are covered here as well, this book contains many additional topics such as rule-based systems, robot problem-solving systems, and structured-object representations. One of the goals of this book is to fill a gap between theory and practice. AI theoreticians have little difficulty in communicating with each other; this book is not intended to contribute to that communica­tion. Neither is the book a handbook of current AI programming technology; other sources are available for that purpose. As it stands, the book could be supplemented either by more theoretical treatments of certain subjects, for AI theory courses, or by project and laboratory sessions, for more practically oriented courses. The book is designed as a text for a senior or first-year graduate course in AI. It is assumed that the reader has a good background in the fundamentals of computer science; knowledge of a list-processing language, such as LISP, would be helpful. A course organized around this book could comfortably occupy a full semester. If separate practical or xi theoretical material is added, the time required might be an entire year. A one-quarter course would be somewhat hurried unless some material (perhaps parts of chapter 6 and chapter 8) is omitted. The exercises at the end of each chapter are designed to be thought- provoking. Some expand on subjects briefly mentioned in the text. Instructors may find it useful to use selected exercises as a basis for class discussion. Pertinent references are briefly discussed at the end of every chapter. These citations should provide the interested student with adequate entry points to much of the most important literature in the field. I look forward someday to revising this book—to correct its inevitable errors, and to add new results and points of view. Toward that end, I solicit correspondence from readers. Nils J. Nilsson xn ACKNOWLEDGEMENTS Several organizations supported and encouraged the research, teach­ ing, and discussions that led to this book. The Information Systems Program, Marvin Denicoff, Director, of the Office of Naval Research, provided research support under contract no. N00014-77-C-0222 with SRI International. During the academic year 1976-77,1 was a part-time visiting professor in the Computer Science Department at Stanford University. From September 1977 to January 1978, I spent the Winter Semester at the Computer and Information Sciences Department of the University of Massachusetts at Amherst. The students and faculty of these departments were immensely helpful in the development of this book. I want to give special thanks to my home organization, SRI Interna­ tional, for the use of its facilities and for its liberal attitude toward book-writing. I also want to thank all my friends and colleagues in the Artificial Intelligence Center at SRI. One could not find a more dynamic, intellectually stimulating, and constructively critical setting in which to work and write. Though this book carries the name of a single author, it has been influenced by several people. It is a pleasure to thank here everyone who helped guide me toward a better presentation. Some of those who provided particularly detailed and extensive suggestions are: Doug Appelt, Michael Arbib, Wolfgang Bibel, Woody Bledsoe, John Brown, Lew Creary, Randy Davis, Jon Doyle, Ed Feigenbaum, Richard Fikes, Northrup Fowler, Peter Friedland, Anne Gardner, David Gelperin, Peter Hart, Pat Hayes, Gary Hendrix, Doug Lenat, Vic Lesser, John Lowrance, Jack Minker, Tom Mitchell, Bob Moore, Allen Newell, Earl Sacerdoti, Len Schubert, Herb Simon, Reid Smith, Elliot Soloway, Mark Stefik, Mabry Tyson, and Richard Waldinger. I also want to thank Robin Roy, Judy Fetler, and Georgia Navarro, for patient and accurate typing; Sally Seitz for heroic insertion of typesetting instructions into the manuscript; and Helen Tognetti for creative copy-editing. Most importantly, my efforts would not have been equal to this task had they not been generously supported, encouraged, and understood by my wife, Karen. xiii CREDITS The manuscript for this book was prepared on a Digital Equipment Corporation KL-10 computer at SRI International. The computer manuscript file was processed for automatic photo-typesetting by W. A. Barrett's TYPET system on a Hewlett-Packard 3000 computer. The main typeface is Times Roman. Book design: Ian Bastelier Cover design: Andrea Hendrick Illustrations: Maria Masterson Typesetting: Typothetae, Palo Alto, CA Page makeup: Vera Allen Composition, Castro Valley, CA Printing and binding: R. R. Donnelley and Sons Company xv PROLOGUE Many human mental activities such as writing computer programs, doing mathematics, engaging in commonsense reasoning, understanding language, and even driving an automobile are said to demand "intelli­ gence." Over the past few decades, several computer systems have been built that can perform tasks such as these. Specifically, there are computer systems that can diagnose diseases, plan the synthesis of complex organic chemical compounds, solve differential equations in symbolic form, analyze electronic circuits, understand limited amounts of human speech and natural language text, or write small computer programs to meet formal specifications. We might say that such systems possess some degree of artificial intelligence. Most of the work on building these kinds of systems has taken place in the field called Artificial Intelligence (AI). This work has had largely an empirical and engineering orientation. Drawing from a loosely struc­tured but growing body of computational techniques, AI systems are developed, undergo experimentation, and are improved. This process has produced and refined several general AI principles of wide applica­ bility. This book is about some of the more important, core AI ideas. We concentrate on those that find application in several different problem areas. In order to emphasize their generality, we explain these principles abstractly rather than discuss them in the context of specific applications, such as automatic programming or natural language processing. We illustrate their use with several small examples but omit detailed case studies of large-scale applications. (To treat these applications in detail would each certainly require a separate book.) An abstract understanding of the basic ideas should facilitate understanding specific AI systems (including strengths and weaknesses) and should also prove a sound basis for designing new systems. 1 PROLOGUE AI has also embraced the larger scientific goal of constructing an information-processing theory of intelligence. If such a science of intelligence could be developed, it could guide the design of intelligent machines as well as explicate intelligent behavior as it occurs in humans and other animals. Since the development of such a general theory is still very much a goal, rather than an accomplishment of AI, we limit our attention here to those principles that are relevant to the engineering goal of building intelligent machines. Even with this more limited outlook, our discussion of AI ideas might well be of interest to cognitive psychologists and others attempting to understand natural intelligence. As we have already mentioned, AI methods and techniques have been applied in several different problem areas. To help motivate our subsequent discussions, we next describe some of these applications. 0.1. SOME APPLICATIONS OF ARTIFICIAL INTELLIGENCE 0.1.1. NATURAL LANGUAGE PROCESSING When humans communicate with each other using language, they employ, almost effortlessly, extremely complex and still little understood processes. It has been very difficult to develop computer systems capable of generating and "understanding" even fragments of a natural language, such as English. One source of the difficulty is that language has evolved as a communication medium between intelligent beings. Its primary use is for transmitting a bit of "mental structure" from one brain to another under circumstances in which each brain possesses large, highly similar, surrounding mental structures that serve as a common context. Further­ more, part of these similar, contextual mental structures allows each participant to know that the other also possesses this common structure and that the other can and will perform certain processes using it during communication "acts." The evolution of language use has apparently exploited the opportunity for participants to use their considerable computational resources and shared knowledge to generate and under­ stand highly condensed and streamlined messages: A word to the wise from the wise is sufficient. Thus generating and understanding language is an encoding and decoding problem of fantastic complexity. 2 SOME APPLICATIONS OF ARTIFICIAL INTELLIGENCE A computer system capable of understanding a message in natural language would seem, then, to require (no less than would a human) both the contextual knowledge and the processes for making the inferences (from this contextual knowledge and from the message) assumed by the message generator. Some progress has been made toward computer systems of this sort, for understanding spoken and written fragments of language. Fundamental to the development of such systems are certain AI ideas about structures for representing contextual knowledge and certain techniques for making inferences from that knowledge. Although we do not treat the language-processing problem as such in this book, we do describe some important methods for knowledge representation and processing that do find application in language-processing systems. 0.1.2. INTELLIGENT RETRIEVAL FROM DATABASES Database systems are computer systems that store a large body of facts about some subject in such a way that they can be used to answer users' questions about that subject. To take a specific example, suppose the facts are the personnel records of a large corporation. Example items in such a database might be representations for such facts as "Joe Smith works in the Purchasing Department," "Joe Smith was hired on October 8, 1976," "The Purchasing Department has 17 employees," "John Jones is the manager of the Purchasing Department," etc. The design of database systems is an active subspecialty of computer science, and many techniques have been developed to enable the efficient representation, storage, and retrieval of large numbers of facts. From our point of view, the subject becomes interesting when we want to retrieve answers that require deductive reasoning with the facts in the database. There are several problems that confront the designer of such an intelligent information retrieval system. First, there is the immense problem of building a system that can understand queries stated in a natural language like English. Second, even if the language-understand­ing problem is dodged by specifying some formal, machine-understand­ able query language, the problem remains of how to deduce answers from stored facts. Third, understanding the query and deducing an answer may require knowledge beyond that explicitly represented in the subject domain database. Common knowledge (typically omitted in the subject domain database) is often required. For example, from the personnel facts mentioned above, an intelligent system ought to be able 3 PROLOGUE to deduce the answer "John Jones" to the query "Who is Joe Smith's boss?" Such a system would have to know somehow that the manager of a department is the boss of the people who work in that department. How common knowledge should be represented and used is one of the system design problems that invites the methods of Artificial Intelligence. 0.13. EXPERT CONSULTING SYSTEMS AI methods have also been employed in the development of automatic consulting systems. These systems provide human users with expert conclusions about specialized subject areas. Automatic consulting sys­ tems have been built that can diagnose diseases, evaluate potential ore deposits, suggest structures for complex organic chemicals, and even provide advice about how to use other computer systems. A key problem in the development of expert consulting systems is how to represent and use the knowledge that human experts in these subjects obviously possess and use. This problem is made more difficult by the fact that the expert knowledge in many important fields is often imprecise, uncertain, or anecdotal (though human experts use such knowledge to arrive at useful conclusions). Many expert consulting systems employ the AI technique of rule-based deduction. In such systems, expert knowledge is represented as a large set of simple rules, and these rules are used to guide the dialogue between the system and the user and to deduce conclusions. Rule-based deduction is one of the major topics of this book. 0.1.4. THEOREM PROVING Finding a proof (or disproof) for a conjectured theorem in mathemat­ ics can certainly be regarded as an intellectual task. Not only does it require the ability to make deductions from hypotheses but demands intuitive skills such as guessing about which lemmas should be proved first in order to help prove the main theorem. A skilled mathematician uses what he might call judgment (based on a large amount of specialized knowledge) to guess accurately about which previously proven theorems in a subject area will be useful in the present proof and to break his main 4 SOME APPLICATIONS OF ARTIFICIAL INTELLIGENCE problem down into subproblems to work on independently. Several automatic theorem proving programs have been developed that possess some of these same skills to a limited degree. The study of theorem proving has been significant in the development of AI methods. The formalization of the deductive process using the language of predicate logic, for example, helps us to understand more clearly some of the components of reasoning. Many informal tasks, including medical diagnosis and information retrieval, can be formalized as theorem-proving problems. For these reasons, theorem proving is an extremely important topic in the study of AI methods. 0.1.5. ROBOTICS The problem of controlling the physical actions of a mobile robot might not seem to require much intelligence. Even small children are able to navigate successfully through their environment and to manipu­ late items, such as light switches, toy blocks, eating utensils, etc. However these same tasks, performed almost unconsciously by humans, per­ formed by a machine require many of the same abilities used in solving more intellectually demanding problems. Research on robots or robotics has helped to develop many AI ideas. It has led to several techniques for modeling states of the world and for describing the process of change from one world state to another. It has led to a better understanding of how to generate plans for action sequences and how to monitor the execution of these plans. Complex robot control problems have forced us to develop methods for planning at high levels of abstraction, ignoring details, and then planning at lower and lower levels, where details become important. We have frequent occasion in this book to use examples of robot problem solving to illustrate important ideas. 0.1.6. AUTOMATIC PROGRAMMING The task of writing a computer program is related both to theorem proving and to robotics. Much of the basic research in automatic programming, theorem proving, and robot problem solving overlaps. In a sense, existing compilers already do "automatic programming." They take in a complete source code specification of what a program is to 5 PROLOGUE accomplish, and they write an object code program to do it. What we mean here by automatic programming might be described as a "super- compiler," or a program that could take in a very high-level description of what the program is to accomplish and produce a program. The high-level description might be a precise statement in a formal language, such as the predicate calculus, or it might be a loose description, say, in English, that would require further dialogue between the system and the user in order to resolve ambiguities. The task of automatically writing a program to achieve a stated result is closely related to the task of proving that a given program achieves a stated result. The latter is called program verification. Many automatic programming systems produce a verification of the output program as an added benefit. One of the important contributions of research in automatic program­ ming has been the notion of debugging as a problem-solving strategy. It has been found that it is often much more efficient to produce an inexpensive, errorful solution to a programming or robot control problem and then modify it (to make it work correctly), than to insist on a first solution completely free of defects. 0.1.7. COMBINATORIAL AND SCHEDULING PROBLEMS An interesting class of problems is concerned with specifying optimal schedules or combinations. Many of these problems can be attacked by the methods discussed in this book. A classical example is the traveling salesman's problem, where the problem is to find a minimum distance tour, starting at one of several cities, visiting each city precisely once, and returning to the starting city. The problem generalizes to one of finding a minimum cost path over the edges of a graph containing n nodes such that the path visits each of the n nodes precisely once. Many puzzles have this same general character. Another example is the 8-queens problem, where the problem is to place eight queens on a standard chessboard in such a way that no queen can capture any of the others; that is, there can be no more than one queen in any row, column or diagonal. In most problems of this type, the domain of possible combinations or sequences from which to choose an answer is very large. Routine attempts at solving these types of problems soon generate a combinatorial explosion of possibilities that exhaust even the capacities of large computers. 6 SOME APPLICATIONS OF ARTIFICIAL INTELLIGENCE Several of these problems (including the traveling salesman problem) are members of a class that computational theorists call NP-complete. Computational theorists rank the difficulty of various problems on how the worst case for the time taken (or number of steps taken) using the theoretically best method grows with some measure of the problem size. (For example, the number of cities would be a measure of the size of a traveling salesman problem.) Thus, problem difficulty may grow linearly, polynomially, or exponentially, for example, with problem size. The time taken by the best methods currently known for solving NP-complete problems grows exponentially with problem size. It is not yet known whether faster methods (involving only polynomial time, say) exist, but it has been proven that if a faster method exists for one of the NP-complete problems, then this method can be converted to similarly faster methods for all the rest of the NP-complete problems. In the meantime, we must make do with exponential-time methods. AI researchers have worked on methods for solving several types of combinatorial problems. Their efforts have been directed at making the time-versus-problem-size curve grow as slowly as possible, even when it must grow exponentially. Several methods have been developed for delaying and moderating the inevitable combinatorial explosion. Again, knowledge about the problem domain is the key to more efficient solution methods. Many of the methods developed to deal with combin­ atorial problems are also useful on other, less combinatorially severe problems. 0.1.8. PERCEPTION PROBLEMS Attempts have been made to fit computer systems with television inputs to enable them to "see" their surroundings or to fit them with microphone inputs to enable them to "hear" speaking voices. From these experiments, it has been learned that useful processing of complex input data requires "understanding" and that understanding requires a large base of knowledge about the things being perceived. The process of perception studied in Artificial Intelligence usually involves a set of operations. A visual scene, say, is encoded by sensors and represented as a matrix of intensity values. These are processed by detectors that search for primitive picture components such as line segments, simple curves, corners, etc. These, in turn, are processed to 7 PROLOGUE infer information about the three-dimensional character of the scene in terms of its surfaces and shapes. The ultimate goal is to represent the scene by some appropriate model. This model might consist of a high-level description such as "A hill with a tree on top with cattle grazing." The point of the whole perception process is to produce a condensed representation to substitute for the unmanageably immense, raw input data. Obviously, the nature and quality of the final representation depend on the goals of the perceiving system. If colors are important, they must be noticed; if spatial relationships and measurements are important, they must be judged accurately. Different systems have different goals, but all must reduce the tremendous amount of sensory data at the input to a manageable and meaningful description. The main difficulty in perceiving a scene is the enormous number of possible candidate descriptions in which the system might be interested. If it were not for this fact, one could conceivably build a number of detectors to decide the category of a scene. The scene's category could then serve as its description. For example, perhaps a detector could be built that could test a scene to see if it belonged to the category "A hill with a tree on top with cattle grazing." But why should this detector be selected instead of the countless others that might have been used? The strategy of making hypotheses about various levels of description and then testing these hypotheses seems to offer an approach to this problem. Systems have been constructed that process suitable represen­ tations of a scene to develop hypotheses about the components of a description. These hypotheses are then tested by detectors that are specialized to the component descriptions. The outcomes of these tests, in turn, are used to develop better hypotheses, etc. This hypothesize-and-test paradigm is applied at many levels of the perception process. Several aligned segments suggest a straight line; a line detector can be employed to test it. Adjacent rectangles suggest the faces of a solid prismatic object; an object detector can be employed to test it. The process of hypothesis formation requires a large amount of knowledge about the expected scenes. Some AI researchers have suggested that this knowledge be organized in special structures called frames or schémas. For example, when a robot enters a room through a 8 OVERVIEW doorway, it activates a room schema, which loads into working memory a number of expectations about what might be seen next. Suppose the robot perceives a rectangular form. This form, in the context of a room schema, might suggest a window. The window schema might contain the knowledge that windows typically do not touch the floor. A special detector, applied to the scene, confirms this expectation, thus raising confidence in the window hypothesis. We discuss some of the fun­ damental ideas underlying frame-structured representations and infer­ence processes later in the book. 0.2· OVERVIEW The book is divided into nine chapters and a prospectus. In chapter 1, we introduce a generalized production system and emphasize its impor­ tance as a basic building block of AI systems. Several distinctions among production systems and their control strategies are introduced. These distinctions are used throughout the book to help classify different AI systems. The major emphasis in chapters 2 and 3 is on the search strategies that are useful in the control of AI systems. Chapter 2 concerns itself with heuristic methods for searching the graphs that are implicitly defined by many AI systems. Chapter 3 generalizes these search techniques to extended versions of these graphs, called AND/OR graphs, and to the graphs that arise in analyzing certain games. In chapter 4, we introduce the predicate calculus and describe the important role that it plays in AI systems. Various rules of inference, including resolution, are described. Systems for proving theorems using resolution are discussed in chapter 5. We indicate how several different kinds of problems can be posed as theorem-proving problems. Chapter 6 examines some of the inadequacies of simple resolution systems and describes some alternatives, called rule-based deduction systems, that are more suitable for many AI applications. To illustrate how these deduction systems might be used, several small examples, ranging from information retrieval to automatic programming, are presented. 9 PROLOGUE In chapters 7 and 8, we present methods for synthesizing sequences of actions that achieve prescribed goals. These methods are illustrated by considering simple problems in robot planning and automatic program­ ming. Chapter 7 introduces some of the more basic ideas, and chapter 8 elaborates on the subjects of complex goal interactions and hierarchical planning. Chapter 9 discusses some representational formalisms in which the structure of the representation itself is used to aid retrieval processes and to make certain common deductions more immediate. Two examples are semantic networks and the so-called frame-based representations. Our point of view toward such representations is that they can best be understood as a form of predicate calculus. Last, in the prospectus, we review some outstanding AI problems that are not yet sufficiently well understood to be included in the main part of a textbook. It is hoped that a discussion of these problems will provide perspective about the current status of the field and useful directions for future research. 0.3· BIBLIOGRAPHICAL AND HISTORICAL REMARKS In this section, and in similar sections at the end of each chapter, we discuss very briefly some of the relevant literature. The material cited is listed alphabetically by first author in the bibliography at the end of the book. Many of these citations will be useful to readers who wish to probe more deeply into either theoretical or applications topics. For complete­ ness, we have occasionally referenced unpublished memoranda and reports. Authors (or their home institutions) will sometimes provide copies of such material upon request. Several books have been written about AI and its applications. The book by Slagle (1971) describes many early AI systems. Nilsson's (1971) book on problem solving in AI concentrates on search methods and applications of resolution theorem proving. An introductory book by Jackson (1974) treats these problem-solving ideas and also describes applications to natural language processing and image analysis. The book by Hunt (1975) treats pattern recognition, as well as other AI topics. 10 BIBLIOGRAPHICAL AND HISTORICAL REMARKS Introductory articles about AI topics appear in a book edited by Barr and Feigenbaum (1980). Nilsson's (1974) survey describes the field in the early 1970s and contains many references. Michie's (1974) book contains several of his articles on AI. Raphael's (1975) book and Winston's (1977) book are easy-to-read and elementary treatments of AI ideas. The latter contains an excellent introduction to AI programming methods. A book edited by Bundy (1978) contains material used in an introductory AI course given at the University of Edinburgh. A general discussion of AI and its connection with human intelligence is contained in Boden (1977). McCorduck (1979) has written an interesting book about the history of artificial intelligence. Marr's (1977) essay and Simon's (1969) book discuss AI research as a scientific endeavor. Cohen (1979) discusses the relationships between artistic imagery and visual cognition. The most authoritative and complete account of mechanisms of human problem solving from an AI perspective is the book by Newell and Simon (1972). The book edited by Norman and Rumelhart (1975) contains articles describing computer models of human memory, and a psychology text by Lindsay and Norman (1972) is written from an information-processing viewpoint. A multidisciplinary journal, Cognitive Science, contains articles on information-processing aspects of human cognition, perception, and language. 03.1. NATURAL LANGUAGE PROCESSING Grosz (1979) presents a good survey of current techniques and problems in natural language processing. A collection of important papers on this topic is contained in a book edited by Rustin (1973). One of the first successful AI systems for understanding limited fragments of natural language is described in a book by Winograd (1972). The book by Newell et al. (1973) describes the five-year goals of a research project to develop a speech understanding system; the major results of this research are described in papers by Medress et al. (1977), and Klatt (1977); reports by Reddy et al. (1977), Woods, et al (1976), and Bernstein (1976); and a book edited by Walker (1978). A forthcoming book by Winograd (1980a) will present the foundations of computational mechanisms in natural language processing. Some 11 PROLOGUE interface systems for subsets of natural language are described in an article edited by Waltz (1977). Proceedings of biannual conferences on Theoretical Issues in Natural Language Processing (TINLAP) contain several important papers. Work in language processing draws on several disciplines besides Al­ most notably, computational linguistics, philosophy, and cognitive psy­ chology. 03.2. INTELLIGENT RETRIEVAL FROM DATABASES Two excellent books on database systems are those of Date (1977) and Wiederhold (1977). An important paper by Codd (1970) formalizes a relational model for database management. Papers describing various applications of AI and logic to database organization and retrieval are contained in a book edited by Gallaire and Minker (1978). The article edited by Waltz (1977) contains several descriptions of systems for querying databases using simplified natural language. 033. EXPERT CONSULTING SYSTEMS Expert consulting systems have been developed for a variety of domains. The most prominent applications of AI ideas to medical consulting are those of Pople (1977), for internal medicine; Weiss et al. (1978), for the glaucomas; and Shortliffe (1976) and Davis (1976), for bacterial infection diagnosis and therapy. A consulting system to aid a geologist in evaluating potential mineral deposits is described by Duda et al. (1978a, 1978b, 1979). Several expert systems developed at Stanford University are summarized by Feigen­baum (1977). The most highly developed of these, DENDRAL, computes structural descriptions of complex organic chemicals from their mass spectrograms and related data [Buchanan and Feigenbaum (1978)]. Other important expert systems are those of Sussman and Stallman (1975) [see also Stallman and Sussman (1977)] for analyzing the performance of electronic circuits; and Genesereth (1978, 1979), for helping casual users of the MACSYMA mathematical formula manipu­ lation system [Martin and Fateman (1971)]. 12 BIBLIOGRAPHICAL AND HISTORICAL REMARKS 03.4. THEOREM PROVING Early applications of AI ideas to proving theorems were made by Gelernter (1959) to plane geometry; and by Newell, Shaw, and Simon (1957) to propositional logic. The resolution principle of Robinson (1965) greatly accelerated work on automatic theorem proving. Resolu­ tion theorem proving is thoroughly explained in books by Chang and Lee (1973), Loveland (1978), and Robinson (1979). Bledsoe and his co-workers have developed impressive theorem-prov­ ing systems for analysis [Ballantyne and Bledsoe (1977)], for topology [Bledsoe and Bruell (1974)], and for set theory [Bledsoe (1971)]. Wos and his co-workers have achieved excellent results with resolution-based systems [McCharen et al. (1976); Winker and Wos (1978); Winker (1979)]. Boyer and Moore (1979) have developed a theorem-proving system that proves theorems about recursive functions and makes strong use of induction. Regular workshops are held on automatic deduction. An informal proceedings was issued for the Fourth Workshop [see WAD in the Bibliography]. 03.5. ROBOTICS Much of the theoretical research in robotics was conducted through robot projects at MIT, Stanford University, Stanford Research Institute and the University of Edinburgh in the late 1960s and early 1970s. This work has been described in several papers and reports. Good accounts are available for the MIT work by Winston (1972); for the Stanford Research Institute work by Raphael et al. (1971) and Raphael (1976, chapter 8); for the Stanford University work by McCarthy et al. (1969); and for the Edinburgh work by Ambler, et al. (1975). Practical applications of robotics in industrial automation are becom­ ing commonplace. A paper by Abraham (1977) describes a prototype robot system for assembling small electric motors. Automatic visual sensing with a solid-state TV camera is used to guide manipulators in the system. Rosen and Nitzan (1977) discuss the use of vision and other sensors in industrial automation. For a sample of advanced work in robotics applications see Nitzan (1979), Binford et al. (1978), Nevins and 13 PROLOGUE Whitney (1977), Will and Grossman (1975), Takeyasu et al. (1977), Okhotsimski et al. (1979), and Cassinis (1979). International symposia on industrial robots are held regularly. 03.6. AUTOMATIC PROGRAMMING One of the earliest attempts to use AI ideas for automatically synthesizing computer programs was by Simon (1963, 1972b). Pioneer­ ing papers by Waldinger and Lee (1969) and by Green (1969a) showed how small programs could be synthesized using theorem-proving tech­ niques. Surveys by Biermann (1976) and by Hammer and Ruth (1979) discuss several approaches to automatic programming. The PS I project of Green (1976) includes several components, one of which is a rule-based system for synthesizing programs from descriptions of abstract algorithms [Barstow (1979)]. Rich and Shrobe (1979) describe a programmer's apprentice system for assisting a human programmer. The related topic of program verification is surveyed by London (1979). [See also the discussion by Constable (1979) in the same volume.] The formal verification of properties of programs was discussed early in the history of computing by Goldstine and von Neumann (1947) and by Turing (1950). Program verification was mentioned by McCarthy (1962) as one of the applications of a proposed mathematical science of computation. Work by Floyd (1967) and Naur (1966) explicitly in­ troduced the idea of invariant assertions. A collection of papers in a book by Manna and Waldinger (1977) describe logic-based methods for program verification, synthesis, and debugging. 03.7. COMBINATORIAL AND SCHEDULING PROBLEMS Scheduling problems are usually studied in operations research. Good general references are the books by Wagner (1975) and by Hillier and Lieberman (1974). For a discussion of NP-complete problems and other topics in the mathematical analysis of algorithms, see the book by Aho, Hopcroft, and Ullman (1974). Lamiere (1978) presents a computer language and a system for solving combinatorial problems using AI methods. 14 BIBLIOGRAPHICAL AND HISTORICAL REMARKS 0.3.8. PERCEPTION PROBLEMS Many good papers on the problems of visual perception by machine are contained in volumes edited by Hansen and Riseman (1978) and by Winston (1975). Representative systems for processing visual images include those of Barrow and Tenenbaum (1976) and Shirai (1978). An important paper by Marr (1976) theorizes about the computational and representational mechanisms of human vision. Kanade (1977) reviews some of the important general aspects of vision systems, and Agin (1977) surveys some of the uses of vision systems in industrial automation. A book by Duda and Hart (1973) describes some of the fundamentals of computer vision. International Joint Conferences on Pattern Recogni­ tion are regularly held and proceedings are published by the IEEE. The Information Processing Techniques Office of the U. S. Defense Ad­ vanced Research Projects Agency sponsors Image Understanding Work­ shops; proceedings of these workshops are available. 0.3.9. OTHER APPLICATIONS Applications of AI ideas have been made in other areas as well. Latombe (1977) and Sussman (1977) describe systems for automatic design; Brown (1977) discusses applications in education; and Gelernter et al. (1977) and Wipke, Ouchi, and Krishnan (1978) have developed systems for organic chemical synthesis. 03.10. IMPORTANT SOURCE MATERIALS In addition to the books already mentioned, several volumes of collected papers are cited at the beginning of the bibliography. These include a series of nine volumes called Machine Intelligence (MI) and a volume entitled Computers and Thought ( CT) of important early papers edited by Feigenbaum and Feldman (1963). The international journal Artificial Intelligence is a primary publica­ tion medium for papers in the field. AI papers are also published in the Journal of the Association for Computing Machinery (JACM), the Communications of the Association for Computing Machinery ( CACM), and in various publications of the Institute of Electrical and Electronic Engineers (IEEE). 15 PROLOGUE International Joint Conferences on Artificial Intelligence (IJCAI) have been held biannually since 1969. The Association for Computing Machinery (ACM) publishes a newsletter devoted to AI called the SIGART Newsletter. In Britain, the Society for the Study of Artificial Intelligence and Simulation of Behavior publishes the AISB Quarterly and holds biannual summer conferences. The Canadian Society for Computational Studies of Intelligence (CSCSI/SCEIO) publishes an occasional newsletter. Some of the topics treated in this book assume some familiarity with the programming language LISP. For a readable introduction, see the book by Weissman (1967). Friedman (1974) is an entertaining pro­ grammed instruction manual. For a more technical treatment, see the book by Allen (1978). 16 CHAPTER 1 PRODUCTION SYSTEMS AND AI Most AI systems display a more or less rigid separation between the standard computational components of data, operations, and control. That is, if these systems are described at an appropriate level, one can often identify a central entity that might be called & global database that is manipulated by certain well-defined operations, all under the control of some global control strategy. We stress the importance of identifying an appropriate level of description; near the machine-code level, any neat separation into distinct components can disappear; at the top level, the complete AI system can consist of several database/operations/control modules interacting in a complex fashion. Our point is that a system consisting of separate database, operations, and control components represents an appropriate metaphorical building block for constructing lucid descriptions of AI systems. 1.1. PRODUCTION SYSTEMS Various generalizations of the computational formalism known as a production system involve a clean separation of these computational components and thus seem to capture the essence of operation of many AI systems. The major elements of an AI production system are a. global database, a set of production rules, and a control system. The global database is the central data structure used by an AI production system. Depending on the application, this database may be as simple as a small matrix of numbers or as complex as a large, relational, indexed file structure. (The reader should not confuse the phrase "global database," as it is used in this book, with the databases of database systems.) 17 PRODUCTION SYSTEMS AND AI The production rules operate on the global database. Each rule has a precondition that is either satisfied or not by the global database. If the precondition is satisfied, the rule can be applied. Application of the rule changes the database. The control system chooses which applicable rule should be applied and ceases computation when a termination condition on the global database is satisfied. There are several differences between this production system structure and conventional computational systems that use hierarchically organ­ ized programs. The global database can be accessed by all of the rules; no part of it is local to any of them in particular. Rules do not "call" other rules; communication between rules occurs only through the global database. These features of production systems are compatible with the evolutionary development of large AI systems requiring extensive knowledge. One difficulty with using conventional systems of hierarchi­cally organized programs in AI applications is that additions or changes to the knowledge base might require extensive changes to the various existing programs, data structures, and subroutine organization. The production system design is much more modular, and changes to the database, to the control system, or to the rules can be made relatively independently. We shall distinguish several varieties of production systems. These differ in the kinds of control systems they use, in properties of their rules and databases, and in the ways in which they are applied to specific problems. As a short example of what we mean by an AI production system, we shall illustrate how one is used to solve a simple puzzle. 1.1.1. THE8-PUZZLE Many AI applications involve composing a sequence of operations. Controlling the actions of a robot and automatic programming are two examples. A simple and perhaps familiar problem of this sort, useful for illustrating basic ideas, is the 8-puzzle. The 8-puzzle consists of eight numbered, movable tiles set in a 3 X 3 frame. One cell of the frame is always empty thus making it possible to move an adjacent numbered tile into the empty cell—or, we could say, to move the empty cell. Such a puzzle is illustrated in Figure 1.1. Two configurations of tiles are given. Consider the problem of changing the initial configuration into the goal 18 PRODUCTION SYSTEMS configuration. A solution to the problem is an appropriate sequence of moves, such as "move tile 6 down, move tile 8 down, ..., etc." To solve a problem using a production system, we must specify the global database, the rules, and the control strategy. Transforming a problem statement into these three components of a production system is often called the representation problem in AI. Usually there are several ways to so represent a problem. Selecting a good representation is one of the important arts involved in applying AI techniques to practical problems. For the 8-puzzle and certain other problems, we can easily identify elements of the problem that correspond to these three components. These elements are the problem states, moves, and goal. In the 8-puzzle, each tile configuration is a problem state. The set of all possible configurations is the space of problem states or the problem space. Many of the problems in which we are interested have very large problem spaces. The 8-puzzle has a relatively small space; there are only 362,880 (that is, 9!) different configurations of the 8 tiles and the blank space. (This space happens to be partitioned into two disjoint subspaces of 181,440 states each.) Once the problem states have been conceptually identified, we must construct a computer representation, or description, of them. This description is then used as the global database of a production system. For the 8-puzzle, a straightforward description is a 3 X 3 array or matrix of numbers. The initial global database is this description of the initial problem state. Virtually any kind of data structure can be used to describe states. These include symbol strings, vectors, sets, arrays, trees, and lists. Sometimes, as in the 8-puzzle, the form of the data structure bears a close resemblance to some physical property of the problem being solved. 1 8 J_ 2 6 3 4 5 2 1 7 8 6 3 4 5 Initial Goal Fig. 1.1 Initial and goal configurations for the 8-puzzle. 19 PRODUCTION SYSTEMS AND AI A move transforms one problem state into another state. The 8-puzzle is conveniently interpreted as having the following four moves: Move empty space (blank) to the left, move blank up, move blank to the right, and move blank down. These moves are modeled by production rules that operate on the state descriptions in the appropriate manner. The rules each have preconditions that must be satisfied by a state description in order for them to be applicable to that state description. Thus, the precondition for the rule associated with "move blank up" is derived from the requirement that the blank space must not already be in the top row. In the 8-puzzle, we are asked to produce a particular problem state, namely, the goal state shown in Figure 1.1. We can also deal with problems for which the goal is to achieve any one of an explicit list of problem states. A further generalization is to specify some true/false condition on states to serve as a goal condition. Then the goal would be to achieve any state satisfying this condition. Such a condition implicitly defines some set of goal states. For example, in the 8-puzzle, we might want to achieve any tile configuration for which the sum of the numbers labeling the tiles in the first row is 6. In our language of states, moves, and goals, a solution to a problem is a sequence of moves that transforms an initial state into a goal state. The problem goal condition forms the basis for the termination condition of the production system. The control strategy repeatedly applies rules to state descriptions until a description of a goal state is produced. It also keeps track of the rules that have been applied so that it can compose them into the sequence representing the problem solution. In certain problems, we want the solution to be subject to certain additional constraints. For example, we may want the solution to our 8-puzzle problem having the smallest number of moves. In general we ascribe a cost to each move and then attempt to find a solution having minimal cost. These elaborations can easily be handled by methods we describe later on. 1.1.2. THE BASIC PROCEDURE The basic production system algorithm for solving a problem like the 8-puzzle can be written in nondeterministic form as follows: 20 PRODUCTION SYSTEMS Procedure PRODUCTION 1 DA TA 4- initial database 2 until DA TA satisfies the termination condition, do: 3 begin 4 select some rule, R, in the set of rules that can be applied to DA TA 5 DA TA <- result of applying R to DA TA 6 end 1.13. CONTROL The above procedure is nondeterministic because we have not yet specified precisely how we are going to select an applicable rule in statement 4. Selecting rules and keeping track of those sequences of rules already tried and the databases they produced constitute what we call the control strategy for production systems. In most AI applications, the information available to the control strategy is not sufficient to permit selection of the most appropriate rule on every pass through step 4. The operation of AI production systems can thus be characterized as a search process in which rules are tried until some sequence of them is found that produces a database satisfying the termination condition. Efficient control strategies require enough knowledge about the problem being solved so that the rule selected in step 4 has a good chance of being the most appropriate one. We distinguish two major kinds of control strategies: irrevocable and tentative. In an irrevocable control regime, an applicable rule is selected and applied irrevocably without provision for reconsideration later. In a tentative control regime, an applicable rule is selected (either arbitrarily or perhaps with some good reason), the rule is applied, but provision is made to return later to this point in the computation to apply some other rule. We further distinguish two different types of tentative control regimes. In one, which we call backtracking, a backtracking point is established 21 PRODUCTION SYSTEMS AND AI when a rule is selected. Should subsequent computation encounter difficulty in producing a solution, the state of the computation reverts to the previous backtracking point, where another rule is applied instead, and the process continues. In the second type of tentative control regime, which we call graph-search control, provision is made for keeping track of the effects of several sequences of rules simultaneously. Various kinds of graph structures and graph searching procedures are used in this type of control. 1.1.4. EXAMPLES OF CONTROL REGIMES 1.1.4.1. Irrevocable. At first thought, it might seem that an irrevocable control regime would never be appropriate for production systems expected to solve problems requiring search. Trial-and-error methods seem to be inherent in solving puzzles, for example. One might argue that if a control strategy of a production system possessed sufficient know­ ledge about a puzzle to select irrevocably an appropriate rule to apply to each state description, then it would have the puzzle's solution built into it and, if so, can hardly be said to have "solved" the puzzle, for it already knew the solution. Such an argument fails to acknowledge the distinction between the explicit local knowledge, about how to proceed toward a goal from any state, and the implicit global knowledge, of the complete solution. When infallible local knowledge is available, an irrevocable production system can use it to construct the explicit global knowledge of a solution (without having the explicit global knowledge originally). Outside of AI, one of the most common examples of the use of local knowledge to construct a global solution is in the "hill-climbing" process of finding the maximum of a function. At any point, we proceed in the direction of the steepest gradient (the local knowledge) to find eventually a maximum of the function (the global knowledge). For certain kinds of functions (those with a single maximum and certain other properties), knowledge of the direction of the steepest gradient is sufficient to find a solution. We can use the hill-climbing process directly in an irrevocable production system. We need only some real-valued function on the global databases. The control strategy uses this function to select a rule. It 22 PRODUCTION SYSTEMS selects (irrevocably) the applicable rule that produces a database giving the largest increase in the value of the function. Our hill-climbing function must be such that it attains its highest value for a database satisfying the termination condition. Applying hill-climbing to the 8-puzzle we might use, as a function of the state description, the negative of the number of tiles "out of place," as compared to the goal state description. For example, the value of this function for the initial state in Figure 1.1 is — 4, and the value for the goal state is 0. We can easily compute the value of this function for any state description. From the initial state, we achieve maximum increase in the value of this function by moving the blank up, so our production system selects the corresponding rule. In Figure 1.2 we show the sequence of states traversed by such a production system in solving this puzzle. The value of our hill-climbing function for each state description is circled. The figure shows that one of the rule applications along the path did not increase the value of our function. If none of the applicable rules permits an increase in the value of our function, a rule is selected (arbitrarily) that does not diminish the value. If there are no such rules, the process halts. & \2 1 LL 8 6 3 4 5 ® ΓΓ 8 Ll 2 6 3 4 5 Q> 2 1 7 8 6 3 4 5 Θ 1 7 2 8 6 3 4 5 <3> 2| 11 7l< © ■ 1 ** "li 7|< ΊΤ] JU >15] 1 >|3 ! 4 >l5i Fig. 1.2 Hill-climbing values for states of the 8-puzzle. 23 PRODUCTION SYSTEMS AND AI For the instance of the 8-puzzle in Figure 1.2, the hill-climbing strategy allowed us to find a path to a goal state. In general, however, hill-climbing functions can have multiple local maxima, which frustrates hill-climbing methods. For example, suppose the goal state is 123 74 865 and the initial state is 125 74 863 Any applicable rule applied to the initial state description lowers the value of our hill-climbing function. In this case the initial state descrip­ tion is at a local (but not a global) maximum of the function. Other types of hill-climbing frustrations also occur: The process may get stuck on "plateaus" and "ridges." Of course, these difficulties could be solved if we could devise a better behaved hill-climbing func­ tion—one that had just one global maximum and no plateaus, for example. Easily computable functions for problems of interest in AI typically have some of the difficulties we have mentioned. Thus, the use of hill-climbing methods to guide rule selection in irrevocable produc­ tion systems is quite limited. Even though the control strategy cannot always select the best rule to apply at any stage, there are times where an irrevocable regime is appropriate. For example, if the application of what might turn out to be an inappropriate rule does not foreclose a subsequent application of an appropriate rule, nothing (other than making superfluous rule applica­tions) is risked by applying rules irrevocably. We shall see some examples of this possibility later. 1.1.4.2. Backtracking. In many problems of interest, applying an inappropriate rule may prevent or substantially delay successful termi­nation. In these cases, we want a control strategy that can try a rule and, if it later discovers that this rule was inappropriate, can go back and try another one instead. 24 PRODUCTION SYSTEMS The backtracking process is one way in which the control strategy can be tentative. A rule is selected, and if it doesn't lead to a solution, the intervening steps are "forgotten," and another rule is selected instead. Formally, the backtracking strategy can be used regardless of how much or how little knowledge is available to bear on rule selection. If no knowledge is available, rules can be selected according to some arbitrary scheme. Ultimately, control will backtrack to select the appropriate rule. Obviously, if good rule-selection knowledge can be used, backing up to consider alternative rules will occur less often, and the whole process will be more efficient. As an example, let us apply the backtracking strategy to our 8-puzzle example of Figure 1.1 where rules are selected according to the arbitrary scheme of first attempting to move the blank square left, then up, then right, then down. Backing up will occur (a) whenever we generate a state description that already occurs on the path back to the initial state description, (b) whenever we have applied an arbitrarily set number of rules without having generated a goal state description, or (c) whenever there are no (more) applicable rules. In (b) above, the number chosen is the depth bound of this backtracking process. In Figure 1.3 we show a sequence of tentative rule applications and backups to illustrate how backtracking might be applied to the 8-puzzle. In Figure 1.3, each state description is labeled by a (circled) number to indicate its order in the sequence of state descriptions produced by the production system. We cannot depict the entire search for a solution in the figure; it is too extensive. Eventually though, a solution path will be found, because all possible paths (of length less than 6) will be explored. Note that if the depth bound is set too low, the process may not find a solution. The backtracking process is more efficient if rule selection is not arbitrary but is instead guided by information about what might be the best move. If this information is reasonably reliable, then the appropriate rule will usually be selected and there will be little need for backing up. In the 8-puzzle, for example, we might use a hill-climbing function as the means for selecting a rule. Whereas hill-climbing with an irrevocable control regime might get stuck on local maxima, backtracking allows alternative paths to be pursued. 1.1.43. Graph Search. Graphs (or more specially, trees) are extremely useful structures for keeping track of the effects of several sequences of rules. We will be discussing these structures in much more detail in chapters 2 and 3, giving only a short example here of their use. 25 PRODUCTION SYSTEMS AND AI © [2 1 17 T 6 T 4 5 ©1 |2 1 8 6 7 3 4 5 ® 1 r Li 8 6 7 3 4 5 ©1 2 Li 8 6 7 3 4 5 ©1 T 2 Li 6 7 3 4 5 ©1 2 8 7 4 il © IT 2 li 6 7 TI 4 5 ©1 IT 2 Li 3 6 7 4 5 ©1 T 2 7 4 il © Again, this repeats one on the path, so we retract the last move and apply "move blank down" to state (6) instead. Continuation is in the next column. This state occurs on the path back to the initial state, so we retract the last move and apply "move blank right" to state © instead. Continu­ ation is in the next column. T 2 LL 3 6 7 41 5 ©1 T 2 3 / llii A ii © We have now ap­ plied six rules with­ out reaching the goal, so we retract the last move. There are no more untried rules to apply to the previous state (number ©), so we retract the next-to the-last move also and apply "move blank down" to state (5) . Continua­ tion is in the next column. ΓΤ 2 Li 6 7 T 4 5 ©1 ΓΤ 2 [l_ 6 7 3 4 5 ©1 r 6 7 4 ll Again, we have ap­ plied six rules with­out reaching a goal, so, etc. Fig. 1.3 A backtracking control strategy applied to the 8-puzzle. 26 PRODUCTION SYSTEMS Suppose we decide to use a graph-search control regime in solving the 8-puzzle problem posed in Figure 1.1. We can keep track of the various rules applied and the databases produced by a structure called a search tree. An example of such a tree is in Figure 1.4. At the top or root of the tree is a description of the initial configuration. The various rules that can be applied correspond to links or directed arcs to descendant nodes, representing those states that can be reached by just one move from the initial state. A graph-search control strategy grows such a tree until a database is produced that satisfies the termination condition. In Figure 1.4, we show all applicable rules being applied to every state description. This sort of indecision on the part of the control system is usually grossly inefficient because the resulting tree grows too rapidly. An intelligent control strategy would grow a much narrower tree, using its special knowledge to focus the growth more directly toward the goal. We shall be discussing several methods for achieving such focusing in chapter 2. Even though we use graphs of this sort only with graph-search control regimes, it is useful to notice that an irrevocable control regime corresponds to following just a single path down through the search tree. (We have already seen that such a simple strategy can sometimes be usefully employed.) A backtracking regime does not maintain the entire search tree structure; it merely keeps track of the path that it is working on currently, modifying it when necessary. 1.1.5. PROBLEMS OF REPRESENTATION Efficient problem solution requires more than an efficient control strategy. It requires selecting good representations for problem states, moves, and goal conditions. The representation of a problem has a great influence on the effort needed to solve it. Obviously one prefers representations with small state spaces. There are many examples of seemingly difficult puzzles that, when represented appropriately, have trivially small state spaces. Sometimes a given state space can be collapsed by recognizing that certain rules can be discarded or that rules can be combined to make more powerful ones. Even when such simple transformations cannot be achieved, it is possible that a complete reformulation of the problem (changing the very notion of what a state is, for example) will result in a smaller space. 27 io oo / 8 ■ 3 : 6 4 1 7 5 Λ 8 3 "1 : h 4 1 7 5;| \ |8 0 3 : ■ 4 |l 7 5 ■ : 3| 6 8 4 1 7 5| 1: 3 ■ 6 8 4 |l 7 5 > 2 8 3 6 7 4 1 ■ 5 Λ 2 8 3 1 6 7 4 ■ 1 5| \ 12 8 3 6 7 4 |l 5 ■ 2 8 3 ■ 1 4 7 6 5 ■ 83 2 1 4 7 6 5 8 ■ 3 2 1 4 7 6 5 A , / , 8 3 ■] 2 1 4 7 6 5| ,\ , |8 1 3 2 ■ 4 \l 6 5 2 8 3 7 1 4 ■ 65 2 8 3 7 1 4 6 ■ 5 TV , / , 2 8 3 I 7 ■ 4 6 1 5| ,\ , 1 2 8 3 7 1 4 |ó 5 ■ |2" 3| 18 4 7 6 S 1" 2 3[12 3 "1 Il 8 4 1 8 4 1 7 6 51 1 7 6 5 | Il 2 3| |2 3 4| ■ 8 4 1 8 ■ 1 7 6 5 1 1 7 6 5 | ,h>, Il 2 3| Il 2 31 8 «478 4 1 7 6 5 1 | ■ 6 5 1 2 8 "1 1 4 3 7 6 5| 1 2 8 3 14 5 |7 (i ■ 2 ■ 8| 1 4 3 7 6 5| 1 2 8 3 14 5 1 7 ■ β o a e n H 1 er < Vi H W F/^. 1.4 A search tree for the 8-puzzle. PRODUCTION SYSTEMS The processes required to represent problems initially and to improve given representations are still poorly understood. It seems that desirable shifts in a problem's representation depend on experience gained in attempts to solve it in a given representation. This experience allows us to recognize the occurrence of simplifying notions, such as symmetries, or useful sequences of rules that ought to be combined into macro-rules. For example, an initial representation of the 8-puzzle might specify the 32 rules corresponding to: move tile 1 left, move tile 1 right, move tile 1 up, move tile 1 down, move tile 2 left, etc. Of course, most of these rules are never applicable to any given state description. After this fact becomes apparent to a problem solver, he would perhaps hit upon the better representation involving moving just the blank space. We shall next examine two more example problems to illustrate how they might be represented for solution by a production system. 1.1.6. SOME EXAMPLE PROBLEM REPRESENTATIONS A wide variety of problems can be set up for solution by our production system approach. The formulations that we use in the following examples do not necessarily represent the only ways in which these problems can be solved. The reader may be able to think of good alternatives. 1.1.6.1. A Traveling Salesman Problem. A salesman must visit each of the 5 cities shown in the map of Figure 1.5. There is a road between every pair of cities, and the distance is given next to the road. Starting at city A, the problem is to find a route of minimal distance that visits each of the cities only once and returns to A. D Fig. 1.5 A map for the traveling salesman problem. 29 PRODUCTION SYSTEMS AND AI Initial (A) (AB) A· Fig. 1.6 A search tree for the traveling salesman problem. To set up this problem we specify the following: The global database shall be a list of the cities visited so far. Thus the initial database is described by the list (A). We do not allow lists that name any city more than once, except that after all of the other cities have been named, A can be named again. The rules correspond to the decisions (a) go to city A next, (b) go to city B next, ..., and (e) go to city E next. A rule is not applicable to a database unless it transforms it into some legal one. Thus the rule corresponding to "go to city A next" is not applicable to any list not already naming all of the cities. Any global database beginning and ending with A and naming all of the other cities 30 (AC) (AD) (AE) \ (ACD) • t · · / \ /\ 6 M / \ I \ / 1 / \ / \ (ACDE) 0 l Ts I I \ i \ I \ I \ I \ I \ I \ I \ I \ i \ (ACDEB) / (ACDEB A) Goal PRODUCTION SYSTEMS satisfies the termination condition. Notice that we can use the distance chart of Figure 1.5 to compute the total distance for any trip. Any trip proposed as a solution must be of minimal distance. Figure 1.6 shows part of the search tree that might be generated by a graph-search control strategy in solving this problem. The numbers next to the edges of the tree are the increments of distance added to the trip by applying the corresponding rule. 1.1.6.2. A Syntax Analysis Problem. Another problem we might want to solve using a production system approach is whether an arbitrary sequence of symbols is a sentence in a language; that is, could it have been generated by a grammar. Deciding whether a symbol string is a sentence is called the parsing problem, and production systems can be used to do parsing. Suppose we are given a simple context-free grammar that defines a language. As an example, let the grammar contain the following terminal symbols, of approves new president company sale the and the following non-terminal symbols, S NP VP PP P V DNP DET A N. The grammar is defined by the following rewrite rules: DNP VP -+ V DNP -+ P DNP -> of -» P approves —» DET NP -H> DNP PP -+ S VP PP V DNP DNP A NP -^ NP N -> NP new —> A president —> company —> sale —» N the -> DET N N 31 PRODUCTION SYSTEMS AND AI This grammar is too simple to be useful in analyzing most English sentences, but it could be expanded to make it a bit more realistic. Suppose we wanted to determine whether or not the following string of symbols is a sentence in the language: The president of the new company approves the sale To set up this problem, we specify the following: The global database shall consist of a string of symbols. The initial database is the given string of symbols that we want to test. The production rules are derived from the rewrite rules of the grammar. The right-hand side of a grammar rule can replace any occurrence of the left-hand side in a database. For example, the grammar rule DNP VP —» S is used to change any database containing the subsequence DNP VP to one in which this subsequence is replaced by S. A rule is not applicable if the database does not contain the left-hand side of the corresponding grammar rule. Also, a rule may be applicable to a database in different ways, corresponding to different occurrences of the left-hand side of the grammar rule in the database. Only that database consisting of the single symbol S satisfies the termination condition. Part of a search tree for this problem is shown in Figure 1.7. In this simple example, aside from different possible orderings of rule applica­ tions, there is very little branching in the tree. 1.1.7. BACKWARD AND BIDIRECTIONAL PRODUCTION SYSTEMS We might say that our production system for solving the 8-puzzle v/orkedforward from the initial state to a goal state. Thus, we could call it 32 PRODUCTION SYSTEMS di forward production system. We could also have solved the problem in a backward direction, by starting at the goal state, applying inverse moves, and working toward the initial state. Each inverse move would produce a subgoal state from which the immediately superordinate goal state could be reached by one forward move. A production system for solving the 8-puzzle in this manner would merely reverse the roles of states and goals and would use rules that correspond to inverse moves. Setting up a backward-directed production system in the case of the 8-puzzle is simple because the goal is described by an explicit state. We can also set up backward-directed production systems when the goal is described by a condition. We discuss this situation later, after introducing an appropriate language (predicate logic) for talking about goals de­ scribed by conditions. Initial The president of the new company approves the sale I This sequence of rules replaces terminal ! symbols by non-terminal symbols. DET N P DET A N V DET N i Another sequence produces | the following string: DNP P S lothing more can t >e DNP PP VP \ 1 DNP VP ] 1 Π Goa Fig. 1.7 A search tree for the syntax analysis problem. 33 PRODUCTION SYSTEMS AND AI Although there is no formal difference between a production system that works on a problem in a forward direction and one that works in a backward direction, it is often convenient to make this distinction explicit. When a problem has intuitively clear states and goals and when we choose to employ descriptions of these states as the global database of a production system, we say that the system is a forward production system. Rules are applied to the state descriptions to produce new state descriptions, and these rules are called F-rules. If, instead, we choose to employ problem goal descriptions as the global database, we shall say that the system is a backward production system. Then, rules are applied to goal descriptions to produce subgoal descriptions, and these rules will be called B-rules. In the 8-puzzle, with a single initial state and a single goal state, it makes no difference whether the problem is solved in the forward or the backward direction. The computational effort is the same for both directions. There are occasions, however, when it is more efficient to solve a problem in one direction rather than the other. Suppose, for example, that there were a large number of explicit goal states and one initial state. It would not be very efficient to try to solve such a problem in the backward direction; we do not know a priori which goal state is "closest" to the initial state, and we would have to begin a search from all of them. The most efficient solution direction, in general, depends on the structure of the state space. It is often a good idea to attempt a solution to a problem searching bidirectionally (that is, both forward and backward simultaneously). We can achieve this effect with production systems also. To do so, we must incorporate both state descriptions and goal descriptions into the global database. F-rules are applied to the state description part, while B-rules are applied to the goal description part. In this type of search, the termination condition to be used by the control system (to decide when the problem is solved) must be stated as some type of matching condition between the state description part and the goal description part of the global database. The control system must also decide at every stage whether to apply an applicable F-rule or an applicable B-rule. 34 SPECIALIZED PRODUCTION SYSTEMS 1.2. SPECIALIZED PRODUCTION SYSTEMS 1.2.1. COMMUTATIVE PRODUCTION SYSTEMS Under certain conditions, the order in which a set of applicable rules is applied to a database is unimportant. When these conditions are satisfied, a production system improves its efficiency by avoiding needless explo­ration of redundant solution paths that are all equivalent except for rule ordering. In Figure 1.8 we have three rules, Rl, R2, and R3, that are applicable to the database denoted by SO. After applying any one of these rules, all three rules are still applicable to the resulting databases; after applying any pair in sequence, the three are still applicable. Furthermore, Figure 1.8 demonstrates that the same database, namely SG, is achieved regardless of the sequence of rules applied in the set {Rl, R2, R3}. We say that a production system is commutative if it has the following properties with respect to any database D : (a) Each member of the set of rules applicable to D is also applicable to any database produced by applying an applicable rule to D. (b) If the goal condition is satisfied by Z), then it is also satisfied by any database produced by applying any applicable rule to D. (c) The database that results by applying to D any sequence composed of rules that are applicable to D is invariant under permutations of the sequence. The rule applications in Figure 1.8 possess this commutative property. In producing the database denoted by SG in Figure 1.8, we clearly need consider only one of the many paths shown. Methods for avoiding exploration of redundant paths are obviously of great importance for commutative systems. Note that commutativity of a system does not mean that the entire sequence of rules used to transform a given database into one satisfying a certain condition can be reordered. After a rule is applied to a database, additional rules might become applicable. Only those rules that are initially applicable to a database can be organized into an arbitrary sequence and applied to that database to produce a result independent of order. This distinction is important. 35 PRODUCTION SYSTEMS AND AI Fig. 1.8 Equivalent paths in a graph. Commutative production systems are an important subclass enjoying special properties. For example, an irrevocable control regime can always be used in a commutative system because the application of a rule never needs to be taken back or undone. Any rule that was applicable to an earlier database is still applicable to the current one. There is no need to provide a mechanism for applying alternative sequences of rules. Applying an inappropriate rule delays, but never prevents, termination; after termination, extraneous rules can be removed from the solution sequence. We have occasion later to investigate commutative systems in more detail. It is interesting to note that there is a simple way to transform any production system into a commutative one. Suppose we have already represented a problem for solution by a production system. Imagine that this production system has a global database, rules that can modify it, and a graph-search control strategy that generates a search tree of global databases. Now consider another production system whose global database is the entire search tree of the first. The rules of the new production system represent the various ways in which a search tree can be modified by the action of the control strategy of the first production system. Clearly, any rules of the second system that are applicable at any 36 SPECIALIZED PRODUCTION SYSTEMS stage remain applicable thereafter. The second system explicitly em­ bodies in its commutative properties the nondeterministic tentativeness that we conferred upon the control strategy of the first system. Employ­ ing this conversion results in a more complex global database and rule set and in a simpler sort of control regime (irrevocable). This change in representation simply shifts the system description to a lower level. 1.2.2. DECOMPOSABLE PRODUCTION SYSTEMS Commutativity is not the only condition whose fulfillment permits a certain freedom in the order in which rules are applied. Consider, for example, a system whose initial database is (C,2?,Z), whose production rules are based on the following rewrite rules, Rl: C^>(D,L) R2: C-»(J?,M) R3: B->(M,M) R4: Ζ^(Β,Β,Μ) and whose termination condition is that the database contain only Ms. A graph-search control regime might explore many equivalent paths in producing a database containing only Ms. Two of these are shown in Figure 1.9. Redundant paths can lead to inefficiencies because the control strategy might attempt to explore all of them, but worse than this, in exploring paths that do not terminate successfully, the system may nevertheless do much useful work that ultimately is wasted. (Many of the rule applications in the right-hand branch of the tree in Figure 1.9 are ones needed in a solution.) One way to avoid the exploration of these redundant paths is to recognize that the initial database can be decomposed or split into separate components that can be processed independently. In our example, the initial database can be split into the components C, B, and Z. Production rules can be applied to each of these components independently (possibly in parallel); the results of these applications can also be split, and so on, until each component database contains only Ms. AI production systems often have global databases that are decom­ posable in this manner. Metaphorically, we might imagine that such a 37 PRODUCTION SYSTEMS AND AI global database is a "molecule" consisting of individual "atoms" bound together in some way. If the applicability conditions of the rules involve tests on individual atoms only, and if the effects of the rules are to substitute a qualifying atom by some new molecule (that, in turn, is composed of atoms), then we might as well split the molecule into its atomic components and work on each part separately and independently. Each rule application affects only that component of the global database used to establish the precondition of the rule. Since some of the rules are being applied essentially in parallel, their order is unimportant. In order to decompose a database, we must also be able to decompose the termination condition. That is, if we are to work on each component separately, we must be able to express the global termination condition using the termination conditions of each of the components. The most important case occurs when the global termination condition can be expressed as the conjunction of the same termination condition for each component database. Unless otherwise stated, we shall always assume this case. nitial (Β,Μ,Β,Ζ) RS r (Μ,Μ,Μ,Β,Ζ) RS r (Μ,Μ,Μ,Μ,Μ,Ζ) R4 '^ ■— ' ' (Μ,Μ,Μ,Μ,Μ,Β,Β,Μ) J RS ' (Μ,Μ,Μ,Μ,Μ,Μ,Μ,Β,Μ) 1 R3 Goal (Μ,Μ,Μ,Μ,Μ,Μ,Μ,Μ,Μ,ΜΜ (C,B,B,B,M) R2 (Β,Μ,Β,Β,Β,Μ) RS (Μ,Μ,Μ,Β,Β,Β,Μ) R3 (D,L,B,Z) R3 \ (D,L,M,M,Z) R4 r (D,L,M,M,B,B,M) R3 1 1 1 (D,L,M,M,M,M,B,M) R3 < 1 (D,L,M,MMMMMM) Fig. 1.9 Solution sequences for a rewriting problem. 38 SPECIALIZED PRODUCTION SYSTEMS Production systems that are able to decompose their global databases and termination conditions are called decomposable. The basic procedure for a decomposable production system might look something like the following: Procedure SPLIT 1 DATA c initial database 2 { Di } t- decomposition of DATA ; the individual Di are now regarded as separate databases 3 until all { Di} satisfy the termination condition, do: 4 begin 5 select D* from among those { Di} that do not satisfy the termination condition 6 remove D* from { Di} 7 select some rule R in the set of rules that can be applied to D* 8 D c result of applying R to D* 9 { di } f- decomposition of D 10 append { di} to { Di} 11 end The control strategy for SPLIT must select a component database, D*, in Step 5 and must select a rule, R, to apply in Step 7. Whatever the form of this strategy, in order to satisfy Step 3, it must ultimately select aZl the elements in { Di}. For any D* selected, though, it need only select one applicable rule. Even though processing component databases in parallel is possible, we are typically interested in control strategies that process them in some serial order. There are two major ways to order the components: (a) the components can either be arranged in some fixed order at the time they 39 PRODUCTION SYSTEMS AND AI are generated, or (b) they can be dynamically reordered during process­ ing. In the former mode, each component is processed to completion before processing begins on the next. Of course, when a production rule is applied to a component, a database may result that can itself be split. The components of this database are processed in order also. Typically, a backtracking strategy for making rule selections is used in conjunction with this fixed-order strategy for processing components. More flexible control strategies for decomposable production systems allow the component databases to be reordered dynamically as the processing unfolds. Structures called AND /OR graphs are useful for depicting the activity of production systems under this control regime. We show an example AND/OR tree for our rewrite problem in Figure 1.10. Just as with ordinary graphs, an AND/OR graph consists of nodes labeled by global databases. Nodes labeled by compound databases have sets of successor nodes each labeled by one of the components. These successor nodes are called AND nodes because in order to process the compound database to termination, all of the component databases must be processed to termination. Sets of AND nodes are so indicated in our illustrations by a circular mark linking their incoming arcs. {M,M) ZL JSL M Fig. 1.10 An AND/OR tree for a rewriting problem. 40 SPECIALIZED PRODUCTION SYSTEMS Rules can be applied to component databases. Nodes labeled by these component databases have successor nodes labeled by the results of rule applications. These successor nodes are called OR nodes because in order to process a component database to termination, the database resulting from just one of the rule applications must be processed to termination. In Figure 1.10, any node corresponding to a component database satisfying the termination condition (in this case consisting of the symbol M) is enclosed in a double box. Such nodes are called terminal nodes. (We could also have drawn the tree of Figure 1.10 as a graph. For example, the database (M,M) occurs as four nodes in Figure 1.10, and these could have been collapsed into one.) A solution to this rewriting problem can be illustrated by a subgraph of the AND/OR graph. Such a solution subgraph is shown by darkened branches in Figure 1.10. It is a graph whose "tip nodes" correspond to databases that each satisfy the termination condition. We shall discuss strategies for searching AND/OR graphs to find solution graphs in chapter 3. We next discuss how decomposable production systems can be used on some example problems. 1.2.2.1. Chemical Structure Generation. An important problem in organic chemistry involves determining the structure of a complex organic compound, given certain experimental data such as a mass spectrogram of a sample of the compound. A large AI system called DENDRAL can propose plausible structures for rather complex com­ pounds. An important part of the DENDRAL system involves the generation of candidate structures, given the chemical formula of the compound. A full explanation of how these candidate structures are generated is beyond the scope of our present discussion, but we can give a brief description of how the process works for a simple hydrocarbon. The system for generating candidate structures can be viewed as a production system. The global database is a "partially structured" compound. The production system operates on this database to increase its degree of structure: Initially, the database describes no chemical structure and contains merely the chemical formula; at intermediate stages, the database describes some of the structure of the compound; at the end of the process, the database contains a representation of the entire structure of the compound. 41 PRODUCTION SYSTEMS AND AI We can use a decomposable production system for this problem because the databases are decomposable into segments, some of which are unstructured chemical formulas of part of the original compound. The production rules are "structure-proposing" rules that convert databases representing unstructured chemical formulas into databases representing partial structures. Any database that contains no unstruc­ tured formulas satisfies the termination condition. Briefly, we can illustrate how the structure-proposing rules work by a simple example. Let us suppose that we are given the chemical formula CjH^. Our production system proposes some candidate structures for this compound. (Not all of the proposed structures will be chemically possible. At this stage of the process we are merely describing how we could generate structures that are plausible, given only simple valence bond considerations. The actual DENDRAL system drastically prunes the candidates by using other chemical knowledge as well as features of the mass spectrogram.) The initial database is simply the formula C 5H7^. In this case, the rules propose the following partial structures: |C2H7| H I i H C = C | I |C 2H6| H I H H — C — H I H H-C H j H —C—( 1 1 H H-C :-H H I 1 :— c— 1 1 H :-H 42 -C-H I = c I — C-H I H H I H-C-H , I C2HS — C-H H — C — H I H H |C 2H5|-Ç-|C 2H5| H SPECIALIZED PRODUCTION SYSTEMS In the partial structures above, the formulas within vertical bars (| |) are unstructured. These can be split from the structured part of the database, and relevant structure-proposing rules can be applied to each of them independently. For example, the rules propose the following structure for the formula —\C 2H51 : H H I I H—C—C — I I H H A partial AND/OR tree for our C5H12 problem is shown in Figure 1.11. Each solution tree corresponds to a candidate structure. The one indicated by dark lines corresponds to the following structure: H H H H H I I I I I H—C —C —C—C—C —H (pentane) I I I I I H H H H H 1.2.2.2. Symbolic Integration. In the problem of symbolic integration we want an automatic process that will accept any indefinite integral as input, say, fx sin 3x dx and deliver the answer 1/9 sin 3x — 1/3 x cos 3x as output. We allow a table containing such simple integral forms as: udu — — 2 sin udu — — cos u au du — au log a e etc. Solutions to symbolic integration problems can then be attempted by a production system that converts the given integral into expressions involving only instances of those integral forms given in the table. The production rules can be based on the integration by parts rule, the decomposition of an integral of a sum rule, and other transformation rules such as those involving algebraic and trigonometric substitutions. A 43 PRODUCTION SYSTEMS AND AI production rule based on integration by parts would transform the expression fu dv into the expression ufdv — fv du. If there is an option about which part of the original integrand is to be u and which is to be dv, then a separate rule instantiation covers each alternative. The decomposition rule states that the integral of a sum can be replaced by the sum of the integrands. Another rule, called the factoring rule, allows us to replace the expression fkf(x)dx by the expression kff(x)dx. Other rules are based on the processes shown in Figure 1.12. H I H- C-H I - C-H I H- C-H I H Terminal |C2H5| - Rule" |C2H5| - Rule ^] Rul e> |C2H5| - Ijr H 1 - c- 1 H H H I I H- C-C - I I H H Terminal Terminal Fig. 1.11 An AND/OR tree for a chemical structure problem. 44 SPECIALIZED PRODUCTION SYSTEMS Any expression involving the sum of integrals can be split into the separate integrals. Each of these can be processed separately, so we see that our production system is decomposable. The utility of these various rules depends strongly on the form of the integrand. In a symbolic integration system called SAINT (Slagle, 1963), the integrands were classified according to various features that they possessed. For each class of integrand, the various rules were selected according to their heuristic applicability. In Figure 1.13 we show an AND/OR tree that illustrates a possible search performed by a decomposable production system. The problem is to integrate - v2^5/2 (l - x*y -dx /£,-/■(«■—w) dz usingz2 = (2 + 3x)2/3 Algebraic substitutions Example Trigonometric substitutions Example /dx fS 4 — -► / — cot 0 csc 0 dB using x = 7 tan 0 JCV25JC2+ 16 J 16 5 Division of numerator by denominator Example Completing the square Example /dx Ç dx (x2-4x+l3)2^J [(JC-2)2 + 9]2 Fig. 1.12 Examples of integration rules. 45 PRODUCTION SYSTEMS AND AI Jcoi-* yd y ' \f-z = cot y r dz z\\ +z2) \f"' 1 r fdl z = tan y f— J 1 +z l dz Divide Numerator I by Denominator /(-1 + ', + ίτ?)Λ fIìdz ί— J 1 +; J dw Fig. 1.13 An AND/OR tree for an integration problem. 46 COMMENTS ON THE DIFFERENT TYPES OF PRODUCTION SYSTEMS The nodes of the tree represent expressions to be integrated. Expressions corresponding to basic integrals in an integral table satisfy the termina­ tion condition and are enclosed in double boxes. The darkened arcs indicate a solution tree for this problem. From this solution tree and from the integrals obtained from the integral table, we compute the answer: arcsin x + - tan3 (arcsin x) — tan (arcsin x) 1.3. COMMENTS ON THE DIFFERENT TYPES OF PRODUCTION SYSTEMS In summary, we shall be discussing two major types of AI production systems in this book, namely, the ordinary type, described by procedure PRODUCTION, and the decomposable type, described by procedure SPLIT. Depending on the way a problem is represented for solution by a production system, either of these types might be used in a forward or backward direction. They might be controlled by irrevocable or tentative control regimes. The taxonomy of production systems based on these distinctions will help greatly in organizing various AI systems and concepts into a coherent framework. It is important to note that we are drawing distinctions only between different kinds of AI systems; we are not making any distinctions between different kinds of problems. We shall see instances later in which the same problem can be represented and solved by entirely different kinds of systems. We will present many more examples of problem representation. Setting up global databases, rules, and termination conditions for any given problem is still a bit of an art and can best be taught by example. Since most of the examples used so far have been elementary puzzles and problems, the reader might well wonder whether production systems are really powerful enough to form the basis of intelligent systems. Later we shall consider some more realistic and difficult problems to show the broad utility of these organizations. Efficient AI systems require knowledge of the problem domain. We can naturally subdivide this knowledge into three broad categories 47 PRODUCTION SYSTEMS AND AI corresponding to the global database, the rules, and the control subdivi­ sions of production systems. The knowledge about a problem that is represented in the global database is sometimes called declarative knowledge. In an intelligent information retrieval system, for example, the declarative knowledge would include the main database of specific facts. The knowledge about a problem that is represented in the rules is often called procedural knowledge. In intelligent information retrieval, the procedural knowledge would include general information that allows us to manipulate the declarative knowledge. The knowledge about a problem that is represented by the control strategy is often called the control knowledge. Control knowledge includes knowledge about a variety of processes, strategies, and structures used to coordinate the entire problem-solving process. The central problem considered in this book is how best to organize problem knowledge into its declarative, procedural, and control components for use by AI production systems. Our first concern, to be treated in some detail in the next two chapters, is with control—especially graph-searching control regimes. Then we move on to consider the uses of the predicate calculus in Artificial Intelligence. 1.4. BIBLIOGRAPHICAL AND HISTORICAL REMARKS 1.4.1. PRODUCTION SYSTEMS The term production system has been used rather loosely in AI, although it usually refers to more specialized types of computational systems than those discussed in this book. Production systems derive from a computational formalism proposed by Post (1943) that was based on string replacement rules. The closely related idea of a Markov algorithm [Markov (1954), Galler and Perlis (1970)] involves imposing an order on the replacement rules and using this order to decide which applicable rule to apply next. Newell and Simon (1972) use string-modi­ fying production rules, with a simple control strategy, to model certain types of human problem-solving behavior [see also Newell (1973)]. Rychener (1976) proposes an AI programming language based on string-modifying production rules. Generalizations of these production system formalisms have been used in AI and called, variously, production systems, rule-based systems, blackboard systems, and pattern-directed inference systems. The volume 48 BIBLIOGRAPHICAL AND HISTORICAL REMARKS edited by Waterman and Hayes-Roth (1978) provides many examples of these sorts of systems [see also Hayes-Roth and Waterman (1977)]. A paper by Davis and King (1977) thoroughly discusses production systems in AL Our notion of a production system involves no restrictions on the form of the global database, the rules, or the control strategy. We introduce the idea of tentative control regimes to allow a form of controlled nondeter-minism in rule application. Thus generalized, production systems can be used to describe the operation of many important AI systems. Our observation that rule application order can be unimportant in commutative and decomposable production systems is related to Church- Rosser theorems of abstract algebra. [See, for example, Rosen (1973), and Ehrig and Rosen (1977,1980).] The notion of a decomposable production system encompasses a technique often called problem reduction in AI. [See Nilsson (1971).] The problem reduction idea usually involves replacing a problem goal by a set of subgoals such that if the subgoals are solved, the main goal is also solved. Explaining problem reduction in terms of decomposable pro­duction systems allows us to be indefinite about whether we are decomposing problem goals or problem states. Slagle (1963) used structures that he called AND/OR goal trees to deal with problem decomposition; Amarel (1967) proposed similar structures. Since then, AND/OR trees and graphs have been used frequently in AI. Additional references for AND/OR graph methods are given in chapter 3. The problem of finding good representations for problems has been treated by only a few researchers. Amarel (1968) has written a classic paper on the subject; it takes the reader through a series of progressively better representations for the missionaries-and-cannibals problem. [See Exercise 1.1.] Simon (1977) described a system called UNDERSTAND for converting natural language (English) descriptions of problems into representations suitable for problem solution. 1.4.2. CONTROL STRATEGIES Hill-climbing is used in control theory and systems analysis as one method for finding the maximum {steepest ascent ) or minimum {steepest descent) of a function. See Athans et al. (1974, pp. 126ff) for a discussion. 49 PRODUCTION SYSTEMS AND AI In computer science, Golomb and Baumert (1965) suggested backtrack­ ing as a selection mechanism. Various AI programming languages use backtracking as a built-in search strategy [Bobrow and Raphael (1974)]. The literature on heuristic graph searching is extensive; several refer­ ences are cited in the next two chapters. 1.43. EXAMPLE PROBLEMS Problem-solving programs have sharpened their techniques on a variety of puzzles and games. Some good general books of puzzles are those of Gardner (1959, 1961), who edits a puzzle column in Scientific American. Also see the books of puzzles by Dudeney (1958, 1967), a famous British puzzle inventor, a book of logical puzzles by Smullyan (1978), and a book on how to solve problems by Wickelgren (1974). The 8-puzzle is a small version of the 15-puzzle, which is discussed by Gardner (1964, 1965a,b,c) and by Ball (1931, pp. 224-228). The traveling-salesman problem arises in operations research [see Wagner (1975), and Hillier and Lieberman (1974)]. A method for finding optimal tours has been proposed by Held and Karp (1970, 1971), and a method for finding "approximately" optimum tours has been proposed by Lin (1965). A good general reference on formal languages, grammars, and syntax analysis is Hopcroft and Ullman (1969). The technique for proposing chemical structures is based on the DENDRAL system of Feigenbaum et al. (1971). The symbolic integration example is based on the SAINT system of Slagle (1963). A more powerful symbolic integration system, SIN, was developed later by Moses (1967). Moses (1971) discusses the history of techniques for symbolic integra­ tion. EXERCISES 1.1 Specify a global database, rules, and a termination condition for a production system to solve the missionaries and cannibals problem: 50 EXERCISES Three missionaries and three cannibals come to a river. There is a boat on their side of the river that can be used by either one or two persons. How should they use this boat to cross the river in such a way that cannibals never outnumber missionaries on either side of the river? Specify a hill-climbing function over the global databases. Illustrate how an irrevocable control strategy and a backtracking control strategy would use this function in attempting to solve this problem. 1.2 Specify a global database, rules, and a termination condition for a production system to solve the following water-jug problem: Given a 5-liter jug filled with water and an empty 2-liter jug, how can one obtain precisely 1 liter in the 2-liter jug? Water may either be discarded or poured from one jug into another; however, no more than the initial 5 liters is available. 13 Describe how the rewrite rules of section 1.1.6. can be used in a production system that generates sentences. What is the global database and the termination condition for such a system? Use the system to generate five grammatical (even if not meaningful) sentences. 1.4 My friend, Tom, claims to be a descendant of Paul Revere. Which would be the easier way to verify Tom's claim: By showing that Revere is one of Tom's ancestors or by showing that Tom is one of Revere's descendants? Why? 1.5 Suppose a rule R of a commutative production system is applied to a database D to produce D'. Show that if R has an inverse, the set of rules applicable to D' is identical to the set of rules applicable to D. 1.6 A certain production system has as its global database a set of integers. A database can be transformed by adding to the set the product of any pair of its elements. Show that this production system is commutative. 51 PRODUCTION SYSTEMS AND AI 1.7 Describe how a production system can be used to convert a decimal number into a binary one. Illustrate its operation by converting 141. 1.8 Critically discuss the following thesis: Backtracking (or depth-first graph-search) control strategies should be used when there are multiple paths between problem states because these strategies tend to avoid exploring all of the paths. 1.9 In using a backtracking strategy with procedure SPLIT, should the selection made in step 5 be a backtracking point? Discuss. If step 5 is not a backtracking point, are there any differences between procedure SPLIT under backtracking and procedure PRODUCTION under backtracking? 52 CHAPTER 2 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS In this chapter we examine some control strategies for AI production systems. Referring to the basic procedure for production systems given on page 21, the fundamental control problem is to select an applicable rule to apply in step 4. For decomposable production systems (page 39), the control problem is to select a component database in step 5 and an applicable rule to apply in step 7. Other subsidiary but important tasks of the control system include checking rule applicability conditions, testing for termination, and keeping track of the rules that have been applied. An important characteristic of computations for selecting rules is the amount of information, or "knowledge," about the problem at hand that these computations use. At the uninformed extreme, the selection is made completely arbitrarily, without regard to any information about the problem at hand. For example, an applicable rule could be selected completely at random. At the informed extreme, the control strategy is guided by problem knowledge great enough for it to select a "correct" rule every time. The overall computational efficiency of an AI production system depends upon where along the informed/uninformed spectrum the control strategy falls. We can separate the computational costs of a production system into two major categories: rule application costs and control costs. A completely uninformed control system incurs only a small control strategy cost because merely arbitrary rule selection need not depend on costly computations. However, such a strategy results in high rule application costs because it generally needs to try a large number of rules to find a solution. To inform a control system completely about the problem domains of interest in AI typically involves a high-cost control strategy, in terms of the storage and computations required. 53 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS 0 iςInformedness,, COMPLETE Fig. 2.1 Computational costs of ΛI production systems. Completely informed control strategies, however, result in minimal rule application costs; they guide the production system directly to a solution. These tendencies are shown informally in Figure 2.1. The overall computational cost of an AI production system is the combined rule application cost and control strategy cost. Part of the art of designing efficient AI systems is deciding how to balance these two costs. In any given problem, optimum production system efficiency might be obtained from less than completely informed control strategies. (The cost of a completely informed strategy may simply be too high.) Another important aspect of AI system design involves the use of techniques that allow the control strategy to use a large amount of problem information without incurring excessive control costs. Such techniques help to decrease the slope of the control strategy cost curve of Figure 2.1, lowering the overall cost of the production system. The behavior of the control system as it makes rule selections can be regarded as a search process. Some examples of the ways in which the control system might search for a solution were given in chapter 1. There, we discussed the hill-climbing method of irrevocable rule selection, exploring a surface for a maximum, and the backtracking and graph- search regimes, search processes that permitted tentative rule selection. 54 BACKTRACKING STRATEGIES Our main concern in the present chapter is tentative control regimes, even though the irrevocable ones have important applications, especially with commutative production systems. Some of the search methods that we develop for tentative control regimes can be adapted for use with certain types of commutative production systems using irrevocable control regimes. We begin our discussion of tentative control by describing backtracking methods. 2.1. BACKTRACKING STRATEGIES In chapter 1 we presented a general description of the backtracking control strategy and illustrated its use on the 8-puzzle. For problems requiring only a small amount of search, backtracking control strategies are often perfectly adequate and efficient. Compared with graph-search control regimes, backtracking strategies are typically simpler to imple­ment and require less storage. A simple recursive procedure captures the essence of the operation of a production system under backtracking control. This procedure, which we call BACKTRACK, takes a single argument, DA TA, initially set equal to the global database of the production system. Upon successful termina­ tion, the procedure returns a list of rules, that, if applied in sequence to the initial database, produces a database satisfying the termination condition. If the procedure halts without finding such a list of rules, it returns FAIL. The BACKTRACK procedure is defined as follows: Recursive procedure B ACKTRACK( DA TA ) 1 if TERM(DATA\ return NIL; TERM is a predicate true for arguments that satisfy the termination condition of the production system. Upon successful termination, NIL, the empty list, is returned. 2 ifDEADEND(/X47M), return FAIL; DEADEND is a predicate true for arguments that are known not to be on a path to a solution. In this case, the procedure returns the symbol FAIL. 55 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS 3 RULES*- APPRULES(DATA); APPRULES is a function that computes the rules applicable to its argument and orders them (either arbitrarily or according to heuristic merit). 4 LOOP: if NVLL(RULES\ return FAIL; if there are no (more) rules to apply, the procedure fails. 5 fl<-FIRST(RULES); the best of the applicable rules is selected. 6 RULES <-TAlL(RULES); the list of applicable rules is diminished by removing the one just selected. 7 RDA TA 4- R( DA TA ); rule R is applied to produce a new database. 8 PATH*- B ACKTRACK( RDA TA ); BACKTRACK is called recursively on the new database. 9 ii PATH = FAIL, go LOOP; if the recursive call fails, try another rule. 10 return CONS(R, PATH); otherwise, pass the successful list of rules up, by adding R to the front of the list. We can make several comments about this procedure. First, it terminates successfully (in step 1) only if it produces a database satisfying the termination condition. The list of rules used in producing this database is built up in step 10. Unsuccessful terminations can occur in steps 2 and 4. When an unsuccessful termination occurs within a recursive call, the procedure backtracks to a higher level. Step 2 performs a test to check whether or not a solution is even possible from the database in question. In step 4, the procedure fails if it has already tried all applicable rules. Procedure BACKTRACK may never terminate; it may generate new nonterminal databases indefinitely or it may cycle. Both of these cases can be arbitrarily prevented by imposing a depth bound on the recursion. 56 BACKTRACKING STRATEGIES Any recursive call fails when its depth exceeds this bound. Cycling can be more straightforwardly prevented by maintaining a list of the databases produced so far and by checking new ones to see that they do not match any on the list. Later we present a slightly more complicated procedure that makes these tests. In step 3, the procedure orders the rules that are applicable to the database in question. Here, any available heuristic information about the problem domain is used. Those rules that are "guessed," using the heuristic information, most appropriate for that database occur early in the ordering. The applicable rules can be ordered arbitrarily if no ordering information is available, although, in that case, extensive backtracking may cause the procedure to be prohibitively inefficient. By definition, if a "correct" rule is always first in the ordering, no backtrack­ ing will occur at all. We have used a specific procedure, BACKTRACK, to explain how backtracking control strategies operate. Several practical concerns—such as the need to avoid recopying large, complex global databases—would dictate implementations of the backtracking strategy that are more efficient than the procedure given here. Another illustrative example of how the backtracking strategy is applied to a simple problem is perhaps useful. Suppose we are given the problem of placing 4 queens on a 4 X 4 chess board so that none can capture any other. For our global database, we use a 4 X 4 array with marked cells corresponding to squares occupied by queens. The termi­ nation condition, expressed by the predicate TERM, is satisfied for a database if and only if it has precisely 4 queen marks and the marks correspond to queens located so that they cannot capture each other. There are many alternative formulations possible for the production rules. A useful one for our purposes involves the following rule schema, for 1 < i,j < 4: Ru Precondition: i=l: There are no queen marks in the array. 1 < / < 4: There is a queen mark in row / — 1 of the array. 57 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS Effect: Puts a queen mark in row i, column y of the array. Thus, the first queen mark added to the array must be in row 1, the second must be in row 2, etc. To use the BACKTRACK procedure to solve the 4-queens problem, we have still to specify both the predicate DEADEND and an ordering relation for applicable rules. Suppose we arbitrarily say that R {j is ahead of Rik in the ordering only when/ < k. The predicate DEADEND might be defined so that it is satisfied for databases where it is obvious that no solution is possible; for example, certainly no solution is possible for any database containing a pair of queen marks in mutually capturing positions. (The reader is encouraged to try working through BACK­ TRACK by hand using this simple test for DEADEND.) Altogether, the algorithm backtracks 22 times before finding a solution; even the very first rule applied must ultimately be taken back. A more efficient algorithm (with less backtracking) can be obtained if we use a more informed rule ordering. One simple, but useful ordering for this problem involves using the function diag(i,j), defined to be the length of the longest diagonal passing through cell (ij). Let R {j be ahead of R mn in the ordering if diag(ij) < diag(m,n). (For equal values of diag, use the same order as before.) Using this ordering relation, the rules that are applicable to the initial database would be ordered as follows: (R12,R139R11,Rn)' The reader might verify that this ordering scheme solves the 4-queens problem with only 2 backtracks. As previously mentioned, we need a slightly more complex algorithm to avoid cycles. All databases on a path back to the initial one must be checked to insure that none are revisited. In order to implement this backtracking strategy as a recursive procedure, the entire chain of databases must be an argument of the procedure. Again, practical implementations of AI backtracking production systems use various techniques to avoid the need for explicitly listing all of these databases in their entirety. Let us call our cycle-avoiding algorithm BACKTRACK1. It takes a list of databases as its argument; when first called, this list contains the initial database as its single element. Upon successful termination, BACK- TRACK1 returns a sequence of rules that can be applied to the initial database to produce one that satisfies the termination condition. The BACKTRACKl algorithm is defined as follows: 58 BACKTRACKING STRATEGIES Recursive procedure BACKTRACK1( DA TA LIST) 1 DATA «- FIRST(DATALIST); DATALIST is a list of all databases on a path back to the initial one. DA TA is the most recent one produced. 2 if MEMBER( DA TA, T AIL( DA TA LIST)), return FAIL; the procedure fails if it revisits an earlier database. 3 if TERM(DATA),return NIL 4 if DEADEND( DA TA ), return FAIL 5 if LENGTH( DA TA LIST) > BOUND, return FAIL; the procedure fails if too many rules have been applied. BOUND is a global variable specified before the procedure is first called. 6 RULES <- APPRULES(£M7V1) 7 LOOP: if NULL(Äi/L£S), return FAIL 8 R <- FIRST(RULES) 9 RULES *-TAlL(RULES) 10 RDATA*-R(DATA) 11 ÄDv4rv4L/Sr^CONS(ÄZ)/ir^ö,4ry4L/.ST); the list of databases visited so far is extended by adding RDATA. 12 PATH*- BACKTRACK1( RDA TA LIST) 13 if PA TH = FAIL, go LOOP 14 return CONS(R, PATH) 59 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS The 8-puzzle example of backtracking in chapter 1 used BOUND = 7 and also checked to see if a tile configuration had been visited previously. Note that the recursive algorithm does not remember all databases that it visited previously. Backtracking involves "forgetting" all databases whose paths lead to failures. The algorithm remembers only those databases on the current path back to the initial one. The backtracking strategies just described "fail back" one level at a time. If a level n recursive call of BACKTRACK fails, control returns to level n — 1 where another rule is tried. But sometimes the reason, or blame, for the failure at level n can be traced to rule choices made many levels above. In these cases it would be obviously futile to try another rule choice at level n — 1 ; predictably, any such choice there would again lead to a failure. What is needed, then, is a way to jump several levels at a time, all the way back to one where a different rule choice will make a useful difference. To see an example of this multilevel backtracking phenomenon, consider using BACKTRACK to solve the 8-queens problem. In this problem, we must place 8 queens on an 8 X 8 board so that none of them can capture any others. Suppose we are at a stage of the algorithm in which the database just produced is illustrated by the array in Figure 2.2. (In fact, the BACK­ TRACK algorithm would produce precisely this array using the arbitrary rule ordering that we originally discussed.) The algorithm must now attempt to place a queen in row 6. Note that no cell in row 6 is satisfactory; each attempt to place a queen in that row would fail. In such a circumstance, BACKTRACK would attempt to relocate the queen in row 5, moving it eventually to column 8. But a more detailed analysis of the reasons for the row-6 failures would reveal that all of them would have still occurred regardless of the position of the queen in row 5. The row-6 failures were predestined by the positions of the first 4 queens. Therefore, since there is no point in relocating queen 5, we can jump over one recursive level, back to the point where we were selecting row-4 locations. Some AI systems have used backtracking strategies that are able to analyze failures in this manner and to back up to the appropriate point. 60 GRAPH^SEARCH STRATEGIES F X X X X Fig. 2.2 Queen positions during a stage 0/BACKTRACK. 2.2. GRAPH-SEARCH STRATEGIES In backtracking strategies, the control system effectively forgets any trial paths that result in failures. Only the path currently being extended is stored explicitly. A more flexible procedure would involve the explicit storage of all trial paths so that any of them could be candidates for further extension. For example, in Figure 2.3 we show an initial database, DB1, to which rules Rl and R2, say, are applicable; suppose the control system selects and applies Rl producing database DB2; then suppose the control system selects applicable rule R3 and applies it to DB2, to produce DB3 ; and at this point, suppose the control system decides that this path is not promising and backs up to apply rule R2 to DB1, to produce database DB4. As stated, a backtracking strategy would erase the records of DB2 and DBS. But if the control system were to maintain this record, then, should a path through DB4 ultimately prove futile, it could resume work immediately from either DB2 or DB3. In order to achieve this sort of flexibility, a control system must keep an explicit record of a graph of databases linked by rule applications. We say that control systems that operate in this manner use graph-search strategies. 61 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS In our discussions of graph-search strategies, we speak as if the various databases produced by rule applications are actually represented, each in its entirety, as nodes in a graph or tree. Because these databases are usually very large structures, it would be impractical to store each of them explicitly. Fortunately, there are ways in which the effect of explicit storage of all of the databases can be achieved, by explicitly storing just the initial database and records of incremental changes from which any of the other databases can rapidly be computed. 2.2.1. GRAPH NOTATION We can think of a graph-search control strategy as a means of finding a path in a graph from a node representing the initial database to one representing a database that satisfies the termination condition of the production system. Graph-searching algorithms are thus of special interest to us. Before describing these algorithms, we first review some graph-theory terminology. A graph consists of a (not necessarily finite) set of nodes. Certain pairs of nodes are connected by arcs, and these arcs are directed from one member of the pair to the other. Such a graph is called a directed graph. For our purposes, the nodes are labeled by databases, and the arcs are labeled by rules. If an arc is directed from node n { to node n h then node nj is said to be SL successor of node n {, and node n { is said to be a parent of node nj. In the graphs that are of interest to us, a node can have only a finite number of successors. (Our production systems have only a finite number of applicable rules.) A pair of nodes may be successors of each other; in this case the pair of directed arcs is sometimes replaced by an edge. Ri DB1 DB2 R3 r DB3 s R2 DB4 Fig. 2.3 A tree of databases. 62 GRAPH-SEARCH STRATEGIES A tree is a special case of a graph in which each node has at most one parent. A node in the tree having no parent is called a root node. A node in the tree having no successors is called a tip node. We say that the root node is of depth zero. The depth of any other node in the tree is defined to be the depth of its parent plus 1. A sequence of nodes (n u,ni2,.. .,n ik), with each η υ a successor of nu-i f°TJ — 2,.. .,&, is called a, path of length k from node n u to node nik. If a path exists from node n { to node n jf then node n f is said to be accessible from node n %. Node AZ, is then a descendant of node 7ΐ 4, and node n% is an ancestor of node /i,. We see that the problem of finding a sequence of rules transforming one database into another is equivalent to the problem of finding a path in a graph. Often it is convenient to assign positive costs to arcs, to represent the cost of applying the corresponding rule. We use the notation c(n i9nj) to denote the cost of an arc directed from node n x to node n,. It will be important in some of our later arguments to assume that these costs are all greater than some arbitrarily small positive number, e. The cost of a path between two nodes is then the sum of the costs of all of the arcs connecting the nodes on the path. In some problems, we want to find that path having minimal cost between two nodes. In the simplest type of problem, we desire to find a path (perhaps having minimal cost) between a given node s, representing the initial database and another given node t 9 representing some other database. The more usual situation, though, involves finding a path between a node s and any member of a set of nodes {t %} that represent databases satisfying the termination condition. We call the set {t {} the goal set, and each node t in {t {} is a goal node. A graph may be specified either explicitly or implicitly. In an explicit specification, the nodes and arcs (with associated costs) are explicitly given by a table. The table might list every node in the graph, its successors, and the costs of the associated arcs. Obviously, an explicit specification is impractical for large graphs and impossible for those having an infinite set of nodes. In our applications, the control strategy generates (makes explicit) part of an implicitly specified graph. This implicit specification is given by the start node, s, representing the initial database, and the rules that alter databases. It will be convenient to introduce the notion of a successor 63 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS operator that is applied to a node to give all of the successors of that node (and the costs of the associated arcs). We call this process of applying the successor operator to a node, expanding the node. The successor operator depends in an obvious way on the rules. Expanding s, the successors of s, ad infinitum, makes explicit the graph that is implicitly defined by s and the successor operator. A graph-search control strategy, then, can be viewed as a process of making explicit a portion of an implicit graph sufficient to include a goal node. 2.2.2. A GENERAL GRAPH-SEARCHING PROCEDURE* The process of explicitly generating part of an implicitly defined graph can be informally defined as follows. Procedure GRAPHSEARCH 1 Create a search graph, G, consisting solely of the start node, s. Put s on a list called OPEN. 2 Create a list called CLOSED that is initially empty. 3 LOOP: if OPEN is empty, exit with failure. 4 Select the first node on OPEN, remove it from OPEN, and put it on CLOSED. Call this node n. 5 If n is a goal node, exit successfully with the solution obtained by tracing a path along the pointers from n to s in G. (Pointers are established in step 7.) 6 Expand node n, generating the set, M, of its successors and install them as successors of n in G. 7 Establish a pointer to n from those members of M that were not already in G (i.e., not already on either OPEN or CLOSED). Add these members of M to OPEN. For each member of M that was already on OPEN or CLOSED, decide whether or not to redirect its pointer to n. (See text.) For each member of *Note added to the fourth and subsequent printings of this book: Step 6 of the graph-searching procedure described in this section has been changed slightly to correct an error kindly pointed out to the author by Maurice Karnaugh of IBM. 64 GRAPH-SEARCH STRATEGIES M already on CLOSED, decide for each of its descendants in G whether or not to redirect its pointer. (See text.) 8 Reorder the list OPEN, either according to some arbitrary scheme or according to heuristic merit. 9 Go LOOP This procedure is sufficiently general to encompass a wide variety of special graph-searching algorithms. The procedure generates an explicit graph, G, called the search graph and a subset, T, of G called the search tree. Each node in G is also in T. The search tree is defined by the pointers that are set up in step 7. Each node (except s) in G has a pointer directed to just one of its parents in G, which defines its unique parent in T. Each possible path to a node discovered by the algorithm is preserved explicitly in G; a single distinguished path to any node is defined by T. Roughly speaking, the nodes on OPEN are the tip nodes of the search tree, and the nodes on CLOSED are the nontip nodes. More precisely, at step 3 of the procedure, the nodes on OPEN are those (tip) nodes of the search tree that have not yet been selected for expansion. The nodes on CLOSED are either tip nodes selected for expansion that generated no successors in the search graph or nontip nodes of the search tree. The procedure orders the nodes on OPEN in step 8 so that the "best" of these is selected for expansion in step 4. This ordering can be based on a variety of heuristic ideas (discussed below) or on various arbitrary criteria. Whenever the node selected for expansion is a goal node, the process terminates successfully. The successful path from start node to goal node can then be recovered (in reverse) by tracing the pointers back from the goal node to s. The process terminates unsuccessfully whenever the search tree has no remaining tip nodes that have not yet been selected for expansion. (Some nodes may have no successors at all, so it is possible for the list OPEN, ultimately, to become empty.) In the case of unsuccessful termination, the goal node(s) must have been inaccessible from the start node. Step 7 of the procedure requires some additional explanation. If the implicit graph being searched was a tree, we could be sure that none of the successors generated in step 6 had been generated previously: Every 65 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS node (except the root node) of a tree is the successor of only one node and thus is generated once only when its unique parent is expanded. Thus, in this special case, the members of M in steps 6 and 7 are not already on either OPEN or CLOSED. In this case, each member of M is added to OPEN and is installed in the search tree as a successor ofn. The search graph is the search tree throughout the execution of the algorithm, and there is no need to change parents of the nodes in T. If the implicit graph being searched is not a tree, it is possible that some of the members of M have already been generated, that is, they may already be on OPEN or CLOSED. The problem of determining whether a newly generated database is identical to one generated before can be computationally expensive. For this reason, some search processes avoid making this test, with the result that the search tree may contain several nodes labeled by the same database. Node repetitions, of course, lead to redundant successor computations. Hence, there is a tradeoff between the computational cost of testing for matching databases and the computational cost of generating a larger search tree (containing multiple nodes labeled by identical databases). In steps 6 and 7 of procedure GRAPHSEARCH, we are assuming that it is worthwhile to test for node identities. When the search process generates a node that it had generated before, it finds a (perhaps better) path to it other than the one already recorded in the search tree. We desire that the search tree preserve the least costly path found so far from s to any of its nodes. (The cost of a path from s to n in the search tree can be computed by summing the arc costs encountered in the tree while tracing back from n to s. In problems for which no arc costs are given, we assume that the arcs have unit cost.) When a newly found path is less costly than an older one, the search tree is adjusted by changing the parentage of the regenerated node to its more recent parent. If a node n on CLOSED has its parentage in T changed, a less costly path has been found to n. The less costly path may be part of less costly paths to some of the successors of n in the search graph, G; in this case, a change might be in order to the parentage in T of the successors of n in G. Because G is finite, the process of propagating the costs of the new paths downward to the successors of n in G is straightforward and finite. After this computation, the search tree is adjusted to record these paths, if appropriate. A simple example will serve to show how such search tree adjustments are accomplished. Suppose a search process has generated the search 66 GRAPH-SEARCH STRATEGIES graph and search tree shown in Figure 2.4. The dark arrows along certain arcs in this search graph are the pointers that define parents of nodes in the search tree. The solid nodes are on CLOSED, and the other nodes are on OPEN at the time the algorithm selects node 1 for expansion. (We assume unit arc costs.) When node 1 is expanded, its single successor, node 2, is generated. But node 2, with parent node 3 in the search tree, had previously been generated, and node 2 is also on CLOSED with successor nodes 4 and 5. Note, however, that node 4's parent in the search tree is node 6, because the shortest (least costly) path from s to node 4 in the search graph is through node 6. Since the algorithm now discovers a path to node 2 through node 1 that is less costly than the previous path through node 3, the parent of node 2 in the search tree is changed from node 3 to node 1. The costs of the paths to the descendants of node 2 in the search graph (namely, the paths to nodes 4 and 5) are recomputed. These costs are now also lower than before, with the result that the parent of node 4 is changed from node 6 to node 2. The adjusted search tree is defined by the pointers on the arcs of the search graph of Figure 2.5. As described, the GRAPHSEARCH algorithm generates all of the successors of a node at once. It is possible to modify the algorithm so that a node is selected for expansion and successors are generated one at a time [see, for example, Michie and Ross (1970)]. The modified algorithm does not put a node on CLOSED until all of its successors have been generated. Since the process of applying rules to a database to produce new databases is typically computationally expensive, the modified algorithm is often preferable even though it is slightly more difficult to describe. To facilitate explaining some general properties of graph- searching procedures, we continue to use that version of the algorithm in which all successors are generated simultaneously. Fig. 2.4 A search graph and search tree before expanding node I. 67 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS '4 ~ 5 Fig. 2.5 A search graph and search tree after expanding node 1. 2.3. UNINFORMED GRAPH-SEARCH PROCEDURES If no heuristic information from the problem domain is used in ordering the nodes on OPEN, some arbitrary scheme must be used in step 8 of the algorithm. The resulting search procedure is called uninformed. In AI, we are typically not interested in uninformed procedures, but we describe two types here for purposes of comparison: depth-first search and breadth-first search. The first type of uninformed search orders the nodes on OPEN in descending order of their depth in the search tree. The deepest nodes are put first in the list. Nodes of equal depth are ordered arbitrarily. The search that results from such an ordering is called depth-first search because the deepest node in the search tree is always selected for expansion. To prevent the search process from running away along some fruitless path forever, a depth bound is provided. No node whose depth in the search tree exceeds this bound is ever generated. (The process can be made to terminate virtually as soon as a goal node is generated by putting goal nodes at the very beginning of OPEN ; but, of course, this 68 UNINFORMED GRAPH-SEARCH PROCEDURES procedure would involve a goal test during step 8 of GRAPHSEARCH. If the result is saved, then the goal test in step 5 need only look up the result instead of repeating a possibly costly computation.) The depth-first procedure generates new databases in an order similar to that generated by an uninformed backtracking control strategy. The correspondence would be exact if the graph-search process generated only one successor at a time. Usually, the backtracking implementation is preferred to the depth-first version of GRAPHSEARCH because back­ tracking is simpler to implement and involves less storage. (Backtracking strategies save only one path to a goal node; they do not save the entire record of the search as do depth-first graph-search strategies.) The search tree generated by a depth-first search process in an 8-puzzle problem is illustrated in Figure 2.6. The nodes are labeled with their corresponding databases and are numbered in the order in which they are selected for expansion. We assume a depth bound of five. The dark path shows a solution involving five rule applications. We see that a depth-first search process progresses along one path until it reaches the depth bound, then it begins to consider alternative paths of the same depth, or less, that differ only in the last step; then those that differ in the last two steps; etc. The second type of uninformed search procedure orders the nodes on OPEN in increasing order of their depth in the search tree. (Again, to promote earlier termination, goal nodes should be put immediately at the very beginning of OPEN.) The search that results from such an ordering is called breadth-first because expansion of nodes in the search tree proceeds along "contours" of equal depth. In Figure 2.7, we show the search tree generated by a breadth-first search in the 8-puzzle problem. The numbers next to each node indicate the order in which nodes are selected for expansion. Note that the goal node is selected immediately after it is generated. Later we show that breadth-first search is guaranteed to find a shortest-length path to a goal node, providing a path exists at all. (If no path exists, the method will exit with failure for finite graphs or will never terminate for infinite graphs.) 69 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS 00 sO «JO ?, m Tj- m 1 à m oo o / # / / 2 o 00 O ■ \ °° 00 ■ SO o 00 — Ό ri ■ r- Γ^, Tt Wi oo o r- n — a 0C %C Γ— ri ■ — ^t-m ri- «o OO — Ό ΓΙΓ - 1 O 00 — MD oo oo ■ r- 00 G Γ- ■ ΓΙ — c«-> rf m oo — ■ rih - \θ -rr> Tt m ■ — vo oo ci r- r<-) Ti- LO oo r- ■ ri se — \ ΓΛ ■ in oo Tt r- CI sO — o ■ oo r- rc, T+ tr, ■ or-< C\| < ^ e •^ ^ e 1^ e o 1 ^ e \ CJ r- vo m Tt κ-> 00 ■ — n r- so r*1 Tt IO — ■ so oo CJ r- oo n r- m rf ■ oo f- u-> CI sO — oo r— — no i n-i i/-> ■ oo rt r- ci se — 0O 1" r- co oo r~ r 1 OO Γ- ■ -C — ■ I" Vi 00 CI — ">J 1 1 "8 ■3 £ § ^ >o <N .00 70 UNINFORMED GRAPH-SEARCH PROCEDURES Γ^, ■ Tf 00 ΪΙ Λ oo f^vlt 00 ■ W1 ΓΙ — |^ rr; sC TT ■ 00 in ιη vCT t oo — m ri ■ r- rn m ■ 00 ·^ sC n — r-~ 00 t vC Γ) — Γ-00 Tf ■ ri — r- ΟΟ^ΐ Λ π — [— ro ^t w> ■ 00 sO y! rf ro rf in noo vc ■ — r- SO nOO vu m rr m ri oo so — ■ r-m Tt 00 Γ-ΙΛ SO ■ n^in <N — ■ CO SO r- m Tf in 00 — SO «n O Tt ti-i 00 — ■ ri r~- so < 00 — Ό (N Γ~ SO 00 ■ — ™ r- so f> T}- U-, 30 o r-"-, rf v> < ■ Tf ΗΊ fi Tf i/~> ri oor - ■ vC — 1 1 *, £> Ì DC ri — 71 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS 2.4. HEURISTIC GRAPH-SEARCH PROCEDURES The uninformed search methods, whether breadth-first or depth-first, are exhaustive methods for finding paths to a goal node. In principle, these methods provide a solution to the path-finding problem, but they are often infeasible to use to control AI production systems because the search expands too many nodes before a path is found. Since there are always practical limits on the amount of time and storage available to expend on the search, more efficient alternatives to uninformed search must be found. For many tasks it is possible to use task-dependent information to help reduce search. Information of this sort is usually called heuristic informa­ tion, and search procedures using it are called heuristic search methods. It is often possible to specify heuristics that reduce search effort (below that expended by, say, breadth-first search) without sacrificing the guarantee of finding a minimal length path. Some heuristics greatly reduce search effort but do not guarantee finding minimal cost paths. In most practical problems, we are interested in minimizing some combination of the cost of the path and the cost of the search required to obtain the path. Furthermore, we are usually interested in search methods that minimize this combination averaged over all problems likely to be encountered. If the averaged combination cost of search method 1 is lower than the averaged combination cost of search method 2, then search method 1 is said to have more heuristic power than search method 2. Note that according to our definition, it is not necessary (though it is a common misconception) that a search method with more heuristic power give up any guarantee for finding a minimal cost path. Averaged combination costs are never actually computed, both be­ cause it is difficult to decide on the way to combine path cost and search effort cost and because it would be difficult to define a probability distribution over the set of problems to be encountered. Therefore, the matter of deciding whether one search method has more heuristic power than another is usually left to informed intuition, gained from actual experience with the methods. 2.4.1. USE OF EVALUATION FUNCTIONS Heuristic information can be used to order the nodes on OPEN in step 8 of GRAPHSEARCH so that search expands along those sectors of the 72 HEURISTIC GRAPH-SEARCH PROCEDURES frontier thought to be most promising. In order to apply such an ordering procedure, we need a method for computing the "promise" of a node. One important method uses a real-valued function over the nodes called an evaluation function. Evaluation functions have been based on a variety of ideas: Attempts have been made to define the probability that a node is on the best path; distance or difference metrics between an arbitrary node and the goal set have been suggested; or in board games or puzzles, a configuration is often scored points on the basis of those features that it possesses that are thought to be related to its promise as a step toward the goal. Suppose we denote the evaluation function by the symbol/. Then/(fl ) gives the value of the function at node n. For the moment we let/be any arbitrary function; later, we propose that it be an estimate of the cost of a minimal cost path from the start node to a goal node constrained to go through node n. We use the function / to order the nodes on OPEN in step 8 of GRAPHSEARCH. By convention, the nodes on OPEN are ordered in increasing order of their / values. Ties among / values are ordered arbitrarily, but always in favor of goal nodes. Supposedly, a node having a low evaluation is more likely to be on an optimal path. The way in which GRAPHSEARCH uses an evaluation function to order nodes can be illustrated by considering again our 8-puzzle example. We use the simple evaluation function: /(n) = rf(n)+ W{n) where d(n ) is the depth of node n in the search tree and W(n ) counts the number of misplaced tiles in that database associated with node n. Thus the start node configuration 283 164 7 5 has an/value equal to 0 + 4 = 4. The results of applying GRAPHSEARCH to the 8-puzzle using this evaluation function are summarized in Figure 2.8. The value of/for each node is circled; the uncircled numbers show the order in which nodes are 73 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS l7_ s^ 2 ^» 1 2 113 1 ^^ΓΤί O 16 4 n i ■ 3 ^^^^ 4 ^ 1 2 8 3 1 ^ IT" O ■ '4 O ' * ^7 6 5| ^7 f 1" 8 3| ^^2 8 3 —> ΓΓ^ 2 1 4 ΗΠ 1 4 B 1 ί |7 6 5| ^> 6 5| ^[7 ( *"7L 5 4 Start ! c Node "71 ^^|2 8 3| 4 1 ^9 16 4 S| |7 5 ■[ 3] ^ 1 2 8 3 1 41 ^m\ 14· 5| b 6 S j Ti ^^|2 3 "1 4 0 18 4 ) 5| |7 6 5| 6 | B ■δ 4 L7 65J <~ i ^ 1 ' 2 3l ^ 1 1 2 3| Node^^Jj W[ B 6 5| F/'g. 2.#Λ search tree using an evaluation function. expanded. We see that the same solution path is found here as was found by the other search methods, although the use of the evaluation function has resulted in substantially fewer nodes being expanded. (If we simply use the evaluation function/( n ) = d{ n ), we get the breadth-first search process.) The choice of evaluation function critically determines search results. The use of an evaluation function that fails to recognize the true promise of some nodes can result in nonminimal cost paths; whereas, the use of an evaluation function that overestimates the promise of all nodes (such as the evaluation function yielding breadth-first search) results in expansion of too many nodes. In the next few sections, we develop some theoretical results about the performance of GRAPHSEARCH when it uses a particular kind of evaluation function. 2.4.2. ALGORITHM A Let us define the evaluation function/so that its value,/(n), at any node n estimates the sum of the cost of the minimal cost path from the start node s to node n plus the cost of a minimal cost path from node n to a 74 HEURISTIC GRAPH-SEARCH PROCEDURES goal node. That ÌS,/(AI) is an estimate of the cost of a minimal cost path constrained to go through node n. That node on OPEN having the smallest value of/is then the node estimated to impose the least severe constraint; hence it is appropriate that it be expanded next. Before demonstrating some of the properties of this evaluation function, we first introduce some helpful notation. Let the function /c(/i i,/ii) give the actual cost of a minimal cost path between two arbitrary nodes n { and AI, . (The function k is undefined for nodes having no path between them.) The cost of a minimal cost path from node n to some particular goal node, t i9 is then given by k{n,t {). We let h*(n) be the minimum of all of the k{n,t {) over the entire set of goal nodes {t %). Thus, A *(Λ ) is the cost of the minimal cost path from n to a goal node, and any path from node n to a goal node that achieves h *( n ) is an optimal path from « to a goal. (The function h * is undefined for any node n that has no accessible goal node.) Often we are interested in knowing the cost k (s,n ) of an optimal path from a given start node, s, to some arbitrary node n. It will simplify our notation somewhat to introduce a new function g * for this purpose. The function g * is defined as g*(n) = k(s,n), for all n accessible from s. We next define the function/* so that its value/*(« ) at any node n is the actual cost of an optimal path from node s to node n plus the cost of an optimal path from node « to a goal node, that is, /*(«) = £*(/!) + **(«)· The value of/*( n ) is then the cost of an optimal path from s constrained to go through node n. (Note that/*(^) = h*(s) is the actual cost of an unconstrained optimal path from s to a goal.) We desire our evaluation function/to be an estimate of/*. Our estimate can be given by f(n)=g(n) + h(n), where g is an estimate of g * and h is an estimate of h * . An obvious choice for g(n) is the cost of the path in the search tree from s to n given by 75 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS summing the arc costs encountered while tracing the pointers from n to s. (This path is the lowest cost path from s to n found so far by the search algorithm. The value of g ( n ) for certain nodes may decrease if the search tree is altered in step 7.) Notice that this definition implies g{n)> g*(n). For the estimate Α(Λ), of A*(«), we rely on heuristic information from the problem domain. Such information might be similar to that used in the function W(n) in the 8-puzzle example. We call A the heuristic function and will discuss it in more detail later. Suppose we now use as an evaluation function /(n) = g(n) + h(n). We call the GRAPHSEARCH algorithm using this evaluation function for ordering nodes, algorithm A. Note that when h = 0 and g = d (the depth of a node in the search tree), algorithm A is identical to breadth-first search. We claimed earlier that the breadth-first algorithm is guaranteed to find a minimal length path to a goal. We now show that if A is a lower bound on A * (that is, if A (AI ) < A *(n ) for all nodes n ), then algorithm A will find an optimal path to a goal. When algorithm A uses an A function that is a lower bound on A * , we call it algorithm A* (read "A-star"). Since A = 0 is certainly a lower bound on A * , the fact that the breadth-first algorithm finds minimal length paths follows directly as a special case of this more general result for algorithm A*. 2.43. THE ADMISSIBILITY OF A*. Let us say that a search algorithm is admissible if, for any graph, it always terminates in an optimal path from s to a goal node whenever a path from s to a goal node exists. In this section we show informally that A* is admissible. To show that an algorithm is admissible, it is necessary to show, at least, that it terminates whenever a goal node is accessible. The GRAPH- SEARCH algorithm terminates (if at all) either in step 3 or in step 5. Notice that in every cycle through the loop of the algorithm, a node is removed from OPEN and that only a finite number of new successors are added to OPEN. For finite graphs, we ultimately run out of new successors, and thus, unless the algorithm terminates successfully in step 5 by finding a goal node, it will terminate in step 3 after eventually depleting OPEN. Therefore, 76 HEURISTIC GRAPH-SEARCH PROCEDURES RESULT 1: GRAPHSEARCH always terminates for finite graphs. Next we would like to show that if a path from s to a goal node exists, A* will terminate even for infinite graphs. To do so, let us suppose the opposite, that A* does not terminate. Termination is prevented only if new nodes are forever added to OPEN. But in this case we can show that even the smallest of the / values of the nodes on OPEN will grow impossibly large. Let d*( n ) be the length of the shortest path in the implicit graph being searched from s to any node n in the search tree produced by A*. Then since the cost of each arc in the graph is at least some small positive number e, g *( n ) >: d *( n ) e. (Recall that g *( n ) is the cost of the optimal path from s to n, and that g(n ) is the cost of the path in the search tree from s to node n.) Clearly, g(n)> g*(n), and thus g(n) > d*(n)e. If h(n)>0 (which we henceforth assume), f(n)> g(n\ and thus f(n) > d*(n)e. In particular, for every node n on OPEN, the value of f(n) is at least as large as d*(n )e. Even though A* selects for expansion that node on OPEN whose / value is smallest, the node selected will ultimately have an arbitrarily large value ofd* and therefore also of/ if A* does not terminate. Now, to show that A* must eventually terminate, we show that before termination of A*, there is always a node n on OPEN such that f(n) </*(^). Let the ordered sequence (s = n 0,nl9.. .,n k), where n k is a goal node, be an optimal path from s to a goal node. Then, for any time before A* terminates, let n' be the first node in this sequence that is on OPEN. (There must be at least one such node, because s is on OPEN at the beginning and if n k is on CLOSED, A* has terminated.) By the definition of/for A*, we have /(Ό = g(O+ *('!') ■ We know that A* has already found an optimal path to ri since ri is on an optimal path to a goal and all of the ancestors on this path are on CLOSED. Therefore, g (ri) = g*(ri) and f(ri) = g*(ri) + h(ri). Since we are assuming h (ri) < h *(ri), we can write f(n')<g*(ri) + h*(ri) =/*(«')· 77 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS But the/* value of any node on an optimal path is equal to f*(s), the minimal cost, and therefore/(«') </*(s). Thus, we have: RESULT 2: At any time before A* terminates, there exists on OPEN a node n' that is on an optimal path from s to a goal node, with Combining this result with our previous argument, that even the smallest/values of the nodes on OPEN of a nonterminating A* become unbounded, shows that A* must terminate even for infinite graphs. Thus, RESULT 3: If there is a path from s to a goal node, A* terminates. RESULT 3 has an interesting corollary, namely, that any node, n, on OPEN with f(n) <f*(s) will eventually be selected for expansion by A*. We leave the proof as an exercise for the reader. Now it is a simple matter to show that A* is admissible. First, we note again that A* can either terminate by finding a goal node in step 5 or, after depleting OPEN, in step 3. But OPEN can never become empty before termination if there is a path from s to a goal node because, by RESULT 2, there will always be a node on OPEN (and on an optimal path). Therefore, A* must terminate by finding a goal node. Next we would like to show that A* only terminates by finding an optimal path to a goal node. Suppose A* were to terminate at some goal node, /, without finding an optimal path, that is,/(/) = g(t) >f*(s). But, by RESULT 2, there existed just before termination a node, n\ on OPEN and on an optimal path with/(«') </*(*) </(*)· Thus> at this stage, A* would have selected nr for expansion rather than /, contradict­ ing our supposition that A* terminated. Therefore, we finally have RESULT 4: Algorithm A* is admissible. (That is, if there is a path from s to a goal node, A* terminates by finding an optimal path.) Each node selected for expansion by A* has an interesting property that follows directly from RESULT 2: Its/value is never greater than the cost,/*($), of an optimal path. This result will be important to us later. To show that it is true, let n be any node selected for expansion by A*. If n 78 HEURISTIC GRAPH-SEARCH PROCEDURES is a goal node, we have/( n ) = f*(s) by RESULT 4; so suppose n is not a goal node. Now A* selected n before termination, so at this time (by RESULT 2) we know that there existed on OPEN some node ri on an optimal path from s to a goal with/(Az') <f*(s). If n = ri, our result is established. Otherwise, we know that A* chose to expand n rather than ri; therefore it must have been the case that f(n) <f(ri) </·(*). Therefore, we have RESULT 5: For any node n selected for expansion by A*,/(n) </·(*). 2.4.4. COMPARISON OF A* ALGORITHMS The precision of our heuristic function h depends on the amount of heuristic knowledge it possesses about the problem domain. Clearly, using h(n) = 0 reflects complete absence of any heuristic information about the problem, even though such an estimate is a lower bound on h*(n) and therefore leads to an admissible algorithm. Let us compare two versions of A*, namely, \ 1 and A 2 using the following evaluation functions: M") = gl(n) + hin) and Λ(Ό = gt(n) + ΜΌ where h 1 and h 2 are both lower bounds on h * . We say that algorithm A 2 is more informed than algorithm A 7 if for all nongoal nodes, «, h2(n)> h 1{n). This definition seems intuitively reasonable, since with h bounded from above by h* for admissibility, one suspects that using larger values of h (and thus values closer to h * ) requires more accurate heuristic information. As an example, consider the 8-puzzle solved in Figure 2.8. There we used the evaluation function/(/i) = d(n) + W(n). We can interpret the search process of that example as an application of A* with 79 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS h(n) — W{n) and unit arc costs. (Note that W{n) is a lower bound on the number of steps remaining to the goal.) It is reasonable to say that A* with h{n) — W{n) is more informed than breadth-first search, which uses h(n) = 0. We would expect intuitively that the more informed algorithm typically would need to expand fewer nodes to find a minimal cost path. In the case of the 8-puzzle, this observation is supported by comparing Figure 2.7 with Figure 2.8. Of course, merely because one algorithm expands fewer nodes than another does not imply that it is more efficient. The more informed algorithm may indeed have to make more costly computations, which would destroy efficiency. Nevertheless, the number of nodes expanded by an algorithm is one of the factors that determines efficiency, and it is a factor that permits simple comparisons. Suppose that A 2 is more informed than A 2 and that both A 2 and A 2 are versions of A*. Suppose that A 2 and A 2 are used to search an implicit graph having a path from a given node s to a goal node. Both, of course, will terminate in an optimal path. We will show that, at termination, if node n in G was expanded by A 2, it was also expanded by A 7. Thus, A 7 always expands at least as many nodes as does the more informed A 2. We prove this result using induction on the depth of a node in the A 2 search tree at termination. First, we prove that if A 2 expands a node n having zero depth in its search tree, then so will A 2. But, in this case, n — s. If s is a goal node, neither algorithm expands any nodes. If s is not a goal node, both algorithms expand node s. Continuing the inductive argument, we assume (the induction hypothesis) that A ; expands all the nodes expanded by A 2 having depth k, or less, in the A 2 search tree. We must now prove that any node n expanded by A 2 and of depth k + 1 in fthe A 2 search tree is also expanded by A 2. By the induction hypothesis, any ancestor oïn in the A 2 search tree is also expanded by A 2. Thus, node n is in the A ; search tree and there is a path from s to n in the A ; search tree that is no more costly than the cost of the path from s to n in the A 2 search tree; that is, gi{n) < g 2(n). Let us suppose the opposite of what we are trying to prove, namely, that A; did not expand node n expanded by A 2. Certainly, at termination of A 2, node n must be on OPEN for A 2, because A 1 expanded a parent of node n. Since A 2 terminated in a minimal cost path without expanding node n, we know that 80 HEURISTIC GRAPH-SEARCH PROCEDURES thus, g1{n) + h 1{n)>f*{s). Since we have already shown that g1 (n ) < g 2(n ), we have But, by RESULT 5, since \ 2 expanded node n, we have or or Comparing this inequality for h 2( n ) with the earlier one for h 1(n) (i.e., A/(/i) >/*(J) — &?(«)) reveals that, at least at node «, A 2 must be as large as h 2 , which violates the assumption that A 2 is more informed than A2. Thus, we have RESULT 6: If A, and A 2 are two versions of A* such that \ 2 is more informed than A 2, then at the termination of their searches on any graph having a path from 5toa goal node, every node expanded by A 2 is also expanded by Aj. It follows that A 2 expands at least as many nodes as does A 2. 2.4.5. THE MONOTONE RESTRICTION Describing the GRAPHSEARCH procedure, we noted that when a node n is expanded, some of its successors may already be on OPEN or CLOSED. The search tree may then need to be adjusted so that it defines 81 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS the least costly paths in G from node s to the descendants of node n. In addition to the burden of adjusting the search tree, it is often computa­ tionally quite expensive to test whether a node has been generated before. We now show that given a rather mild and reasonable restriction on A, when A* selects a node for expansion it has already found an optimal path to that node. Thus, with this restriction, there is no need for A* to test to see if a newly generated node is already on CLOSED, and there is no need to change the parentage in the search tree of any successors of this node in the search graph. A heuristic function, A, is said to satisfy the monotone restriction if for all nodes n x and n,, such that n, is a successor of n i9 h(n {) - hin^^cin^nj) with A(O = 0'. If we write the monotone restriction in the form Λ(«ι)< h(nj) + c(A2i,Ai ?), it is seen to be similar to a triangle inequality. It specifies that the estimate of the optimal cost to a goal from node n { not be more than the cost of the arc from n { to AÎ; plus the estimate of the optimal cost from TI,· to a goal. We might say that the monotone restriction imposes the rather reason­ able condition that the heuristic function be locally consistent with the arc costs. In the 8-puzzle, it is easily verified that h(n) = W(n) satisfies the monotone restriction. If the function A is changed in any manner during the search process, then the monotone restriction might not be satisfied. We now show that, given the monotone restriction, when A* expands a node, it has found an optimal path to that node. Let n be any node selected for expansion by A*. If n = s, A* has trivially found an optimal path to s ; so let us suppose that n is not s. Let the sequence P — (s = n 0, nj,n 2i.. .,n k = n ) be an optimal path from s to n. Let node n x be the last node in this sequence that is on CLOSED at the time A* selects n for expansion. (Node s is on CLOSED, but node n k is not, because it is just now being selected for expansion.) Thus, node nx +1 in the sequence P is on OPEN at the time A* selects node n. 82 HEURISTIC GRAPH-SEARCH PROCEDURES Using the monotone restriction, we have that S*(n,) + A(n 4) < g*( ni) + c(n ifni+1) + h(n i+1). Since n { and ^ +7 are on an optimal path g*("i+l) = g*("i) + C(*i,*i+i) > therefore [g*(O + A(«i)] ^ [**(*i+,) + A(/i i4J)]. By transitivity, we then have g*(n l+1) + A(#i Z4J) < £*("*) + h(n k) or /(ΛΙ-Μ)^^·(Λ) + Α(ΙΙ). Therefore, at the time A* selected node n, in preference to node n t +2, it must have been the case that g(n) < g*(n); otherwise,/(n ) would have been greater than/(n i+i). Since g(m) >: g*(m) for all nodes m in the search tree, we have RESULT 7: If the monotone restriction is satisfied, then A* has already found an optimal path to any node it selects for expansion. That is, if A* selects n for expansion, and if the monotone restriction is satisfied, g(n) = g*(n). The monotone restriction also implies another interesting result, namely, that the/values of the sequence of nodes expanded by A* are nondecreasing. Suppose node n 2 is expanded immediately after node n 1. If n2 was on OPEN at the time n l was expanded, we have (trivially) that f{nt) </(w^). Suppose n 2 is not on OPEN at the time n 1 is expanded. (Node n 2 is not on CLOSED either, because we are assuming that it has not been expanded yet.) Then, if n 2 is expanded immediately after rij, it must have been added to OPEN by the process of expanding n 1. Therefore, n 2 is a successor of n 1. Under these conditions, when n 2 is selected for expansion we have 83 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS = g*(n 2) + h(n 2) (RESULT 7) = g*(*î) + c(n l9nt) + h(n f) = g("i) + c(n l9n2) + Α(π,) (RESULT 7) Since the monotone restriction implies c(n l9n2) + h(n 2)> Λ(*ι), we have f(n2)>g(n 1) + h(n 1)=f(n 1). Since this fact is true for any adjacent pair of nodes in the sequence of nodes expanded by A*, we have RESULT 8: If the monotone restriction is satisfied, the/values of the sequence of nodes expanded by A* is nondecreasing. When the monotone restriction is not satisfied, it is possible that some node has a smaller / value at expansion than that of a previously expanded node. We can exploit this observation to improve the effi­ ciency of A* under this condition. By RESULT 5, when node n is expanded, f(n) </*(s). Suppose, during the execution of A*, we maintain a global variable, F, as the maximum of the/values of all nodes so far expanded. Certainly F </*($) at all times. If ever a node, n, on OPEN has/( n ) < F, we know by the corollary to RESULT 3 that it will eventually be expanded. In fact, there may be several nodes on OPEN whose/values are strictly less than F. Rather than choose, from these, that node with the smallest/value, we might rather choose that node with the smallest g value. (All of them must eventually be expanded anyway.) The effect of this altered node selection rule is to enhance the chances that the first path discovered to a node will be an optimal path. Thus, even when the monotone restriction is not satisfied, this alteration will diminish the need for pointer redirection in step 7 of the algorithm. (Note that when the monotone restriction is satisfied, RESULT 8 implies that there will never be a node on OPEN whose/value is less than F.) 84 HEURISTIC GRAPH-SEARCH PROCEDURES 2.4.6. THE HEURISTIC POWER OF EVALUATION FUNCTIONS The selection of the heuristic function is crucial in determining the heuristic power of search algorithm A. Using A = 0 assures admissibility but results in a breadth-first search and is thus usually inefficient. Setting A equal to the highest possible lower bound on A * expands the fewest nodes consistent with maintaining admissibility. Often, heuristic power can be gained at the expense of admissibility by using some function for A that is not a lower bound on A * . This added heuristic power then allows us to solve much harder problems. In the 8-puzzle, the function h(n) = W{ n ) (where W{ n ) is the number of tiles in the wrong place) is a lower bound on A *( n ), but it does not provide a very good estimate of the difficulty (in terms of number of steps to the goal) of a tile configuration. A better estimate is the function h(n) = P(n), where P(n) is the sum of the distances that each tile is from "home" (ignoring intervening pieces). Even this estimate is too coarse, however, in that it does not accurately appraise the difficulty of exchanging the positions of two adjacent tiles. An estimate that works quite well for the 8-puzzle is h(n) = P(n) + 3S(n). The quantity S(n) is a sequence score obtained by checking around the noncentral squares in turn, allotting 2 for every tile not followed by its proper successor and allotting 0 for every other tile; a piece in the center scores one. We note that this A function does not provide a lower bound for A* . With this heuristic function used in the evaluation function f(n) = g(n) + A(Λ), we can easily solve much more difficult 8-puzzles than the one we solved earlier. In Figure 2.9 we show the search tree resulting from applying GRAPHSEAkCH with this evaluation function to the problem of transforming 2 1 6 4 8 7 5 3 into 1 2 3 8 4 7 6 5 85 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS Fig. 2.9 A search tree for the 8-puzzle. 86 HEURISTIC GRAPH-SEARCH PROCEDURES Again, the / values of each node are circled in the figure, and the uncircled numbers show the order in which nodes are expanded. (In the search depicted in Figure 2.9, ties among minimal/values are resolved by selecting the deepest node in the search tree.) The solution path found happens to be of minimal length (18 steps); although, since the A function is not a lower bound for A * , we were not guaranteed of finding an optimal path. Note that this A function results in a focused search, directed toward the goal; only a very limited spread occurred, near the start. Another factor that determines the heuristic power of search al­ gorithms is the amount of effort involved in calculating the heuristic function. The best function would be one identically equal to A* , resulting in an absolute minimum number of node expansions. (Such an A could, for example, be determined as a result of a separate complete search at every node; but this obviously would not reduce the total computational effort.) Sometimes an A function that is not a lower bound on A * is easier to compute than one that is a lower bound. In these cases, the heuristic power might be doubly improved—because the total number of nodes expanded can be reduced (at the expense of admissi-bility) and because the computational effort is reduced. In certain cases the heuristic power of a given heuristic function can be increased simply by multiplying it by some positive constant greater than one. If this constant is very large, the situation is as if g(n ) = 0. In many problems we merely desire to find some path to a goal node and are unconcerned about the cost of the resulting path. (We are, of course, concerned about the amount of search effort required to find a path.) In such situations, we might think that g could be ignored completely since, at any stage during the search, we don't care about the costs of the paths developed thus far. We care only about the remaining seach effort required to find a goal node. This search effort, while possibly dependent on the A values of the nodes on OPEN, would seem to be independent of the g values of these nodes. Therefore, for such problems, we might be led to use/= A as the evaluation function. To ensure that some path to a goal will eventually be found, g should be included in/even when it is not essential to find a path of minimal cost. Such insurance is necessary whenever A is not a perfect estimator; if the node with minimum A were always expanded, the search process might expand deceptive nodes forever without ever reaching a goal node. 87 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS Including g tends to add a breadth-first component to the search and thus ensures that no part of the implicit graph will go permanently un- searched. The relative weights of g and h in the evaluation function can be controlled by using/ = g + H>Ä, where w is a positive number. Very large values of w overemphasize the heuristic component, while very small values of w give the search a predominantly breadth-first character. Experimental evidence suggests that search efficiency is often enhanced by allowing the value of w to vary inversely with the depth of a node in the search tree. At shallow depths, the search relies mainly on the heuristic component, while at greater depths, the search becomes increasingly breadth-first, to ensure that some path to a goal will eventually be found. To summarize, there are three important factors influencing the heuristic power of Algorithm A: (a) the cost of the path, (b) the number of nodes expanded in finding the path, and (c) the computational effort required to compute A. The selection of a suitable heuristic function permits one to balance these factors to maximize heuristic power. 2.5. RELATED ALGORITHMS 2.5.1. BIDIRECTIONAL SEARCH Some problems can be solved using production systems whose rules can be used in either a forward or a backward direction. An interesting possibility is to search in both directions simultaneously. The graph- searching process that models such a bidirectional production system can be viewed as one in which search proceeds outward simultaneously from both the start node and from a set of goal nodes. The process terminates when (and if) the two search frontiers meet in some appropriate fashion. 88 RELATED ALGORITHMS Unidirectional search frontier at termination Start node Goal node Bidirectional search frontiers at termination Fig. 2.10 Bidirectional and unidirectional breadth-first searches. Backward search frontier Forward search frontier Fig. 2.11 Forward search misses backward search. 89 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS Breadth-first versions of bidirectional graph-searching processes com­ pare favorably with breadth-first unidirectional search. In Figure 2.10 we compare two searches over a two-dimensional grid of nodes. We see that the bidirectional process expands many fewer nodes than does the unidirectional one. The situation is more complex, however, when comparing bidirec­ tional and unidirectional heuristic searches. If the heuristic functions used by the bidirectional process are even slightly inaccurate, the search frontiers may pass each other without intersecting. In such a case, the bidirectional search process may expand twice as many nodes as would the unidirectional one. This situation is illustrated in Figure 2.11. 2.5.2. STAGED SEARCH The use of heuristic information as discussed so far can substantially reduce the amount of search effort required to find acceptable paths. Its use, therefore, also allows much larger graphs to be searched than would be the case otherwise. Even so, occasions may arise when available storage is exhausted before a satisfactory path is found. Rather than abandon the search process completely, in such cases, it may be desirable to prune the search graph, to free needed storage space to press the search deeper. The search process can then continue in stages, punctuated by pruning operations obtaining storage space. At the end of each stage, some subset of the nodes on OPEN, for example those having the smallest values of/, are marked for retention. The best paths to these nodes are remembered, and the rest of the search graph is thrown away. Search then resumes with these best nodes. This process continues until either a goal node is found or until resources are exhausted. Of course, even if A* is used in each stage and if the whole process does terminate in a path, there is now no guarantee that it is an optimal path. 2.53. LIMITATION OF SUCCESSORS One technique that may save search effort is the disposal immediately after expansion of all successors except a few having the smallest values of/. Of course the nodes thrown away may be on the best (or the only!) paths to a goal, so the worth of any such pruning method for a particular problem can be determined only by experience. 90 MEASURES OF PERFORMANCE Knowledge about the problem domain may sometimes be adequate to recognize that certain nodes cannot possibly be on a path to a goal node. (Such nodes satisfy a predicate like the DEADEND predicate used in the backtracking algorithm.) These nodes can be pruned from the search graph by modifying algorithm A to include this test. Alternatively, we could assign such nodes a very high h value so that they would never be selected for expansion. There are also search problems for which the successors of a node can be enumerated and their h values computed before the corresponding databases themselves are explicitly calculated. Furthermore, it may be advantageous to delay calculating the database associated with a node until it itself is expanded; then the process never calculates any successors not expanded by the algorithm. 2.6. MEASURES OF PERFORMANCE The heuristic power of a searching technique depends heavily on the particular factors specific to a given problem. Estimating heuristic power involves judgements, based on experience rather than calculation. Certain measures of performance can be calculated, however, and though they do not completely determine heuristic power, they are useful in comparing various search techniques. One such measure is called penetrance. The penetrance, P, of a search is the extent to which the search has focused toward a goal, rather than wandered off in irrelevant directions. It is simply defined as P = L/T 9 where L is the length of the path found to the goal and T is the total number of nodes generated during the search (including the goal node but not including the start node). For example, if the successor operator is so precise that the only nodes generated are those on a path toward the goal, P will attain its maximum value of 1. Uninformed search is characterized by values of P much less than 1. Thus, penetrance measures the extent to which the tree generated by the search is "elongated" rather than "bushy." 91 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS The penetrance value of a search depends on the difficulty of the problem being searched as well as on the efficiency of the search method. A given search method might have a high penetrance value when the optimal solution path is short and a much lower one when it is long. (Increasing the length of the solution path L usually causes Tto increase even faster.) Another measure, the effective branching factor, B, is more nearly independent of the length of the optimal solution path. Its definition is based on a tree having (a) a depth equal to the path length and (b) a total number of nodes equal to the number generated during the search. The effective branching factor is the constant number of successors that would be possessed by each node in such a tree. Therefore, B is related to path length L and to the total number of nodes generated, Γ, by the expressions: B + B2 + ... + Bh = T [5L- \]B/(B - \)= T. Although B cannot be written explicitly as a function of L and Γ, a plot of B versus Tïor various values of L is given in Figure 2.12. A value of B near unity corresponds to a search that is highly focused toward the goal, with very little branching in other directions. On the other hand, a "bushy" search graph would have a high B value. Penetrance can be related to B and path length by the expression P — L(B — 1)/2?[2?L — 1]. In Figure 2.13 we illustrate how penetrance varies with path length for various values of B. To the extent that the effective branching factor is reasonably independent of path length, it can be used to give a prediction of how many nodes might be generated in searches of various lengths. For example, we can use Figure 2.12 to calculate that the use of the evaluation function /= g + P +3S results in a 5 value equal to 1.08 for the 8-puzzle problem illustrated in Figure 2.9. Suppose we wanted to estimate how many nodes would be generated using this same evaluation function iti solving a more difficult 8-puzzle problem, say, one requiring 30 steps. From Figure 2.12, we note that the 30-step puzzle would involve the generation of about 120 nodes, assuming that the branching factor remained constant. This estimate, incidentally, is not inconsistent with the experimental results of Doran and Michie (1966) on a wide variety of 8-puzzle problems. 92 MEASURES OF PERFORMANCE _ ^ — — — h— [— l·- — — p~ p^ — 1- ~ oS. II \ S^ II % <1 II > II ^ — II o II <l II II o (N II o J l—ST rA II ^ o J L —rç II o L ~~P vo\ II L oo\ || V<1 c\ (N\ II \ V*1 \ J i—v o\ II \ O \ J L "Ί Γ 1 ^ S ί _ 1 \ ^ _J L —1 — — — J — -\ \ \— N^- — ^ 8 £ .*0 93 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS 1.0 0.9 l— 0.8 h- 0.7 0.6 0.5 \~ 0.4 — 0.3 0.2 0.1 [— 1 1 \B = 5.0 \ No 1 I"1" 1 \5= 15 1^-4^- 1 1 Γ 1 1 L{B-\) P~ B(BL - 1) %Ä= 1.1 ^\^5= 1.2 \Ä=1.3 ^^\^^ ^Ί—-H U- 1 —\ -\ 10 12 14 16 18 20 L Fig. 2.13 P versus Lfor various values ofB. 2.7. BIBLIOGRAPHICAL AND HISTORICAL REMARKS The book by Horowitz and Sahni (1978) contains a thorough discus­ sion of backtracking and other search methods. Gaschnig (1979) presents experimental efficiency comparisons of backtracking and related al­ gorithms. In some problems involving constraint satisfaction, relaxation techniques can be employed to reduce search effort; these methods are discussed by Waltz (1975), Montanari (1974), and Mackworth (1977). 94 BIBLIOGRAPHICAL AND HISTORICAL REMARKS Graph-search procedures of the sort that we termed uninformed have arisen in a variety of contexts. Dijkstra (1959) and Moore (1959) both proposed essentially breadth-first procedures. Dynamic programming [Bellman and Dreyfus (1962)] is a type of breadth-first search process. Our GRAPHSEARCH procedure differs from many previous ones in that we do not transfer nodes from CLOSED back to OPEN when they are revisited. [We redirect pointers in the search tree instead.] The use of heuristic information to increase search efficiency has been studied both in AI and in operations research. In AI, heuristic search was a main theme of the work of Newell, Shaw, and Simon (1957, 1960). The use of evaluation functions to direct search in graphs was proposed by Doran and Michie (1966), from whom we take our 8-puzzle examples. A general theory of the use of evaluation functions to guide search was presented in a paper by Hart, Nilsson, and Raphael (1968). Our description of A* and its properties is based on that paper. [The fact that A* expands no more nodes than other algorithms that are no more informed than A* was originally mistakenly thought to depend on a restriction similar to the monotone restriction. This error, originally pointed out by R. Coleman, was corrected in Hart, Nilsson, and Raphael (1972). Corrections and refinements were also proposed by Gelperin (1977).] VanderBrug (1976) presents an interesting geometric interpreta­ tion of heuristic search processes. Pohl has proposed several generalizations of A*, including a scheme for bidirectional search [Pohl (1971)], and a method that changes the relative weighting of A and g as search proceeds [Pohl (1973)]. Our use of the monotone restriction is based on Pohl (1977). (The earlier consistency restriction, of Hart, Nilsson, and Raphael, is stronger than needed and harder to establish than the monotone restriction.) Pohl (1970,1977) and Harris (1974) analyze some of the effects of errors in the heuristic function on search, and Martelli (1977) analyzes the complexity of heuristic search algorithms. [The node selection rule described on page 84 is based on Martelli's paper.] Simon and Kadane (1975) describe search methods designed to find any solution rather than insisting on optimal solutions. Michie and Ross (1970) describe a heuristic search process that generates just one successor at a time. The staged search variant was investigated by Doran and Michie (1966) and by Doran (1967). A process involving staged search has been 95 SEARCH STRATEGIES FOR AI PRODUCTION SYSTEMS used rather effectively in systems for speech understanding [Lowerre (1976)] and visual scene interpretation [Rubin (1978)]. Jackson (1974, pp. 104) discusses an application to the 15-puzzle (by A. K. Chandra) of an interesting search process that uses "mileposts." Doran and Michie (1966) proposed the penetrance measure for judging the efficiency of a given search. Slagle and Dixon (1969) proposed another measure that they called the "depth ratio." Our "effective branching factor" was motivated by these earlier measures. Heuristic search finds many applications, sometimes outside of the context of conventional AI systems. Montanari (1970) makes use of heuristic search in chromosome matching, and Kanal (1979) discusses an application in pattern classification. EXERCISES 2.1 Consider a sliding block puzzle with the following initial configura­ tion: \B B B W W W E\ there are three black tiles (2?), three white tiles ( W\ and an empty cell (E). The puzzle has the following moves: (a) A tile may move into an adjacent empty cell with unit cost. (b) A tile may hop over at most two other tiles into an empty cell with a cost equal to the number of tiles hopped over. The goal of the puzzle is to have all of the white tiles to the left of all of the black tiles (without regard for the position of the blank cell). Specify a heuristic function, A, for this problem and show the search tree produced by algorithm A using this heuristic function. Can you tell whether or not your h function satisfies the monotone restriction? Does it satisfy the monotone restriction for the nodes in your search tree? 96 EXERCISES 2.2 Propose two (non-zero) h functions for the traveling salesman problem of section 1.1.6. Is either of these h functions a lower bound on h *? In your opinion, which of them would result in more efficient search? Apply algorithm A with these h functions to the five-city problem shown in Figure 1.5. 23 Assume unit costs for each rule application in the formulation of the 4-queens problem of section 2.1. Describe the general characteristics of the h * function for this problem. Can you think of any h functions that would be useful for guiding search? 2.4 Describe how to modify procedure GRAPHSEARCH so that only one successor of a node (at a time) is generated in step 6. The modified procedure must make two selections: which node to expand and which successor to generate. (In controlling a production system, the modified procedure must select a database and an applicable rule.) 2.5 Prove, as a corollary to RESULT 3, that any node, n, on OPEN with f{n) </*(s), will eventually be selected for expansion by A*. 2.6 Explain why algorithm A* remains admissible if it removes from OPEN any node n for which /( n ) > F, where F is an upper bound on 2.7 Use the evaluation function f(n) = d(n) + W(n) (defined in section 2.4.1.) with algorithm A to search backward from the goal node of Figure 2.8 to the start node. Where would the backward search meet the forward search? 2.8 Discuss ways in which an h function might be improved during a search. 97 CHAPTER 3 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS In chapter 1, we introduced decomposable production systems and structures called AND/OR trees, for controlling their operation. In this chapter we describe some heuristic strategies for searching AND/OR trees and graphs. We also describe some search techniques for graphs used in game-playing systems. 3.1. SEARCHING AND/OR GRAPHS Recall that the AND or the OR label given to a node in an AND/OR tree depends upon that node's relation to its parent. In one case, a parent node labeled by a compound database has a set of AND successor nodes, each labeling one of the component databases. In the other case, a parent node labeled by a component database has a set of OR successor nodes, each labeling the database resulting from the application of alternative rules to the component database. We are generally concerned with AND/OR graphs rather than with the special case of trees, because different sequences of rule applications may generate identical databases. For example, a node could be labeled by a component database resulting both from having split a compound one and from having applied a rule to another one. In this case, it would be called an OR node with respect to one parent and an AND node with respect to the other parent. For this reason, we do not generally refer to the nodes of an AND/OR graph as being AND nodes or OR nodes; 99 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS instead, we introduce some more general notation, appropriate for graphs. We continue to call these structures AND/OR graphs, however, and use the terms AND nodes and OR nodes when discussing AND/OR trees. We define AND/OR graphs here as hyper graphs. Instead of arcs connecting pairs of nodes, there are hyperarcs connecting a parent node with Si set of successor nodes. These hyperarcs are called connectors. Each k-connector is directed from ^parent node to a set of A: successor nodes. (If all of the connectors are 1-connectors, we have the special case of an ordinary graph.) In Figure 3.1, we show an example of an AND/OR graph. Note that node n 0 has a 1-connector directed to successor n t and a 2-connector directed to the set of successors {n 4in5}. For k > 1, /c-connectors are denoted in our illustrations by a curved line joining the arcs from parent to elements of the successor set. (Using our earlier terminology, we could have regarded nodes n h and n 5 as a set of AND nodes, and we could have regarded node n t as an OR node, relative to their common parent n 0 ; but note that node n 8, for example, belongs to a set of AND nodes relative to its parent n 5 but is an OR node relative to its parent n h.) Fig. 3.1 An AND/OR graph. 100 SEARCHING AND/OR GRAPHS In an AND/OR tree, each node has at most one parent. In trees and graphs we call a node without any parent a root node. In graphs, we call a node having no successors a leaf node (a tip node for trees). A decomposable production system defines an implicit AND/OR graph. The initial database corresponds to a distinguished node in the graph called the start node. The start node has an outgoing connector to a set of successor nodes corresponding to the components of the initial database (if it can be decomposed). Each production rule corresponds to a connector in the implicit graph. The nodes to which such a connector is directed correspond to component databases resulting after rule applica­ tion and decomposition into components. There is a set of terminal nodes in the implicit graph corresponding to databases satisfying the termina­tion condition of the production system. The task of the production system can be regarded as finding a solution graph from the start node to the terminal nodes. Roughly speaking, a solution graph from node n to node set N of an AND/OR graph is analogous to a path in an ordinary graph. It can be obtained by starting with node n and selecting exactly one outgoing connector. From each successor node to which this connector is directed, we continue to select one outgoing connector, and so on, until eventually every successor thus produced is an element of the set N. In Figure 3.2, we show two different solution graphs from node n 0 to {n 7,n8} in the graph of Figure 3.1. We can give a precise recursive definition of a solution graph. The definition assumes that our AND/OR graphs contain no cycles, that is, it assumes that there is no node in the graph having a successor that is also its ancestor. The nodes thus form a partial order which guarantees termination of the recursive procedures we use. We henceforth make this assumption of acyclicity. J0n0 Qn0 /^ Λ n7 n 8 n 7 n 8 Fig. 3.2 Two solution graphs. 101 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS Let G' denote a solution graph from node n to a set N of nodes of an AND/OR graph G. G' is a subgraph of G. If n is an element of N, G' consists of the single node n ; otherwise, if n has an outgoing connector, K 9 directed to nodes {nl9.. .9nk} such that there is a solution graph to N from each of n i9 where / = 1,..., fc, then G' consists of node n9 the connector, K 9 the nodes {nl9.. .,n k}9 and the solution graphs to TV from each of the nodes in {nl9...,n k}; otherwise, there is no solution graph from n to N. Analogous to the use of arc costs in ordinary graphs, it is often useful to assign costs to connectors in AND/OR graphs. (These costs model the costs of rule applications; again we need to assume that each cost is greater than some small positive number, e.) The connector costs can then be used to calculate the cost of a solution graph. Let the cost of a solution graph from any node n to N be denoted by k(n 9N). The cost k(n 9N) can be recursively calculated as follows: If n is an element of N9 k(n 9N) = 0. Otherwise, n has an outgoing connector to a set of successor nodes {n1,..., nx} in the solution graph. Let the cost of this connector be c n. Then, k(n,N) = c n+ k(n l9N) + ... + k(n i9N). We see that the cost of a solution graph, G' 9 from ntoNis the cost of the outgoing connector from n (in G') plus the sum of the costs of the solution graphs from the successors of n (in G') to N. This recursive definition is satisfactory because we are assuming acyclic graphs. Note that our definition of the cost of a solution graph might count the costs of some connectors in the solution graph more than once. In general, the cost of an outgoing connector from some node m is counted in the cost of a solution graph from n to TV just as many times as there are paths from n to m in the solution graph. Thus, the costs of the two solution graphs in Figure 3.2 are 8 and 7 if the cost of each fc-connector is k. 102 AO*: A HEURISTIC SEARCH PROCEDURE FOR AND/OR GRAPHS Beyond merely finding any solution graph from the start node to a set of terminal nodes, we may want to find one having minimal cost. We call such a solution graph an optimal solution graph. Let the cost of an optimal solution graph from n to a set of terminal nodes be denoted by the function h*(n). 3.2. AO*: A HEURISTIC SEARCH PROCEDURE FOR AND/OR GRAPHS As with ordinary graphs, we define the process of expanding a node as the application of a successor operator that generates all of the successors of a node (through all outgoing connectors). We might now define a breadth-first search algorithm for searching implicit AND/OR graphs to find solution graphs. Again, since breadth-first procedures are unin­ formed about the problem domain, they are typically not sufficiently efficient for AI applications. We are naturally led to ask whether some search procedure using an evaluation function with a heuristic compo­nent can be devised for AND/OR graphs. We now describe a search procedure that uses a heuristic function A ( n ) that is an estimate of A *( n ), the cost of an optimal solution graph from node wtoa set of terminal nodes. Just as with GRAPHSEARCH, simplifications in the statement of the procedure are possible if A satisfies certain restrictions. Let us impose a monotone restriction on A, that is, for every connector in the implicit graph directed from node n to successors n 1,.. .,n k, we assume: h(n)<c + h(n,) + ... + h(n k), where c is the cost of the connector. This restriction is analogous to the monotone restriction on heuristic functions for ordinary graphs. If h(n) = 0 for n in the set of terminal nodes, then the monotone restriction implies that A is a lower bound on A *, that is, A(n ) < A *(n ) for all nodes n. 103 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS Our heuristic search procedure for AND/OR graphs can now be stated as follows: Procedure AO* 1 Create a search graph, G, consisting solely of the start node, s. Associate with node s a cost q(s) — h(s). If s is a terminal node, label s SOLVED. 2 until s is labeled SOL VED, do: 3 begin 4 Compute a. partial solution graph, G', in G by tracing down the marked connectors in G from s. (Connectors of G will be marked in a subsequent step.) 5 select any nonterminal leaf node, n y of G'. (We discuss later how this selection might be made.) 6 Expand node n generating all of its successors and install these in G as successors of AI. For each successor, n j9 not already occurring in G, associate the cost Label SOL VED any of these successors that are terminal nodes. (See text for discussion of what to do in case node n has no successors.) 7 Create a singleton set of nodes, S, containing just node n. 8 until S is empty, do: 9 begin 10 Remove from S a node m such that m has no descendants in G occurring inS. 104 AO*: A HEURISTIC SEARCH PROCEDURE FOR AND/OR GRAPHS 11 Revise the cost q ( m ) for m, as follows: for each connector directed from m to a set of nodes {n li9.. .,n ki} compute q {(m) = c i + q(n H) + ... + q(nki)· [The q(n H) have either just been computed in a previous pass through this inner loop or (if this is the first pass) they were computed in step 6.] Set q ( m ) to the minimum over all outgoing connectors of qi(m) and mark the connector through which this minimum is achieved, erasing the previous marking if different. If all of the successor nodes through this connector are labeled SOLVED, then label node m SOLVED. 12 If m has been marked SOL VED or if the revised cost of m is different than its just previous cost, then add to S all those parents of m such that m is one of their successors through a marked connector. 13 end 14 end Algorithm AO* can best be understood as a repetition of the following two major operations. First, a top-down, graph-growing operation (steps 4-6) finds the best partial solution graph by tracing down through the marked connectors. These (previously computed) marks indicate the current best partial solution graph from each node in the search graph. (Before the algorithm terminates, the best partial solution graph does not yet have all of its leaf nodes terminal, which is why it is called partial.) One of the nonterminal leaf nodes of this best partial solution graph is expanded, and a cost is assigned to its successors. The second major operation in AO* is a bottom-up, cost-revising, connector-marking, SOLVEAabcling procedure (steps 7-12). Starting with the node just expanded, the procedure revises its cost (using the 105 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS newly computed costs of its successors) and marks the outgoing connec­ tor on the estimated best "path" to terminal nodes. This revised cost estimate is propagated upward in the graph. (Acyclicity of our graphs guarantees no loops in this upward propagation.) The revised cost, q ( n ), is an updated estimate of the cost of an optimal solution graph from n to a set of terminal nodes. Only the ancestors of nodes having their costs revised can possibly have their costs revised, so only these need be considered. Because we are assuming the monotone restriction on A, cost revisions can only be cost increases. Therefore, not all ancestors need have cost revisions, but only those ancestors having best partial solution graphs containing descendants with revised costs (hence step 12). When the AND/OR graph is an AND/OR tree, the bottom-up operation can be simplified somewhat (because then each node has only one parent). To avoid making algorithm AO* appear more comptex than it already does, we ignored the possibility (in step 6) that the node selected for expansion might not have any successors. This case is easily handled in step 11 by associating a very high q value cost with any node, m, having no successors (or, more generally, any node recognized as not belonging to any solution graph). The bottom-up operation will then propagate this high cost upward, which eliminates any chance that a graph containing this node might be selected as an estimated best solution graph. Suppose some node n has a finite number of descendants in the implicit AND/OR graph and that these do not comprise a solution graph from n to a set of terminal nodes. Then, eventually, the revised cost, q ( n ), for node n will have a very high value. The assignment of a very high value, q(s), to the start node can therefore be taken to signal that there is no solution graph from the start node. It is possible to prove that if there is a solution graph from a given node to a set of terminal nodes, and if h ( n ) < h *( n ) for all nodes, and if h satisfies the monotone restriction, then algorithm AO* will terminate in an optimal solution graph. (This optimal solution graph can be obtained by tracing down from s through the marked connectors at termination. The cost of this optimal solution graph is equal to the q value of s at termination.) Thus, we can say that algorithm AO* with these restrictions is admissible. We omit the proof of this result here; the interested reader is referred to Martelli and Montanari (1973). 106 AO*: A HEURISTIC SEARCH PROCEDURE FOR AND/OR GRAPHS A breadth-first algorithm can be obtained from AO* by using h = 0. Because such an h function satisfies the monotone restriction (and is a lower bound on h *), the breadth-first algorithm using it is admissible. As an example of the use of AO*, let us consider again the graph of Figure 3.1. Suppose that the following estimates are available: h(n 0) = 0, h(n,) = 2 9h(n f) = 4, h{n 3) = 4, h(n u) = 1, h(n 5) = hh(n 6) = 2, h{n 7) = 0, h(n 8) = 0. Let nodes n 7 and n 8 be terminal nodes, and let the cost of each /c-connector be k. Note that our h function provides a lower bound on h * and satisfies the monotone restriction. The search graphs obtained after various cycles through the outer loop of AO* are shown in Figure 3.3. In each graph, the revised q values are shown next to each node; heavy arrows are used to mark connectors, and nodes labeled SOLVED are indicated by solid circles. During the first cycle, we expand node n 0\ next we expand node n 1, then node n 5, and then node n u. After node n u is expanded, node n 0 is labeled SOL VED. The solution graph (with minimal cost equal to 5) is obtained by tracing down through the marked connectors. We have not yet discussed how AO* selects (in step 5) a nonterminal leaf node of the estimated best partial solution graph to expand. Perhaps it would be efficient to select that leaf node most likely to change the estimate of the best partial solution graph. If the estimate of the best partial solution graph never changes, AO* must eventually expand all of the nonterminal leaf nodes of this graph anyway. However, if the estimate is eventually going to change to some more nearly optimal graph, the sooner AO* makes this change, the better. Possibly the expansion ofthat leaf node having the highest h value would most likely result in a changed estimate. As with algorithms A and A* for ordinary graphs, AO* may be modified in a variety of ways to render it more practical in special situations. First, rather than recompute a new estimated best partial solution graph after every node expansion, one might instead expand one 107 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS 3^ fir 4 //,, Ό"4 η,Ο After one cycle After two cycles "0^5 n0 5 After three cycles After four cycles Fig. 3.3 Search graphs after various cycles of AO*. 108 RELATIONSHIPS BETWEEN DECOMPOSABLE AND COMMUTATIVE SYSTEMS or more leaf nodes and some number of their descendants all at once, and then recompute an estimated best partial solution graph. This strategy reduces the overhead expense of frequent bottom-up operations but incurs the risk that some node expansions may not be on the best solution graph. A staged-search strategy may also be used for AND/OR graphs. To employ it, one periodically reclaims needed storage space by discarding some of the AND/OR search graph. One might, for example, determine a few of those partial solution graphs within the entire search graph having the largest estimated costs. These can then be discarded periodi­ cally (with the risk, of course, of discarding one that might turn out to be the top of an optimal solution graph.) 3.3. SOME RELATIONSHIPS BETWEEN DECOMPOSABLE AND COMMUTATIVE SYSTEMS In chapter 1 we mentioned that several problems could be solved by production systems working in either forward or backward directions. (Whether one chooses to call a given direction forward, or backward, is often arbitrary.) Here we illustrate that certain types of commutative systems are dual to decomposable ones. Suppose that we have a production system based on the following rewrite rules: Rl: R2: R3: R4: R5: R6: Τ^Α,Β T^>B,C A-+D B-> E,F B^>G C^>G 109 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS These rules are to be applied to a global database consisting of a set of symbols. A rule is applicable if the global database contains a symbol matching its left-hand side. The effect on the global database of applying the rule is to remove the occurrence of the left-hand side of the rule and add the right-hand side of the rule. Production systems using such context-free rewrite rules with single­ ton left-hand sides are decomposable. An AND/OR search graph that results from applying the rewrite rules to an initial global database consisting of the single symbol, T, is shown in Figure 3.4. There is an interesting manner in which the rewrite rules of our example can be used in the reverse direction. We say that such a reverse rule is applicable if the global database contains symbols matching all the symbols of the right-hand side. The effect of the rule is to add (not replace by) the symbol occurring on the left-hand side. In Figure 3.5 we show an example in which some (reverse direction) rules are applied to an initial global database consisting of the set {D, E, F, G}. (We indicate a reverse direction application of rule R by R'.) We note that the production system that results from using these rewrite rules in the reverse direction, in the manner we have indicated, is commutative. Thus, as we discussed in chapter 1, an irrevocable control regime can be used without the danger of foreclosing any possible rule applications. If we continue to apply (irrevocably) the reverse rules RV,..., R6\ to a database that is initially the set {D,E,F,G}, and to its descendants, we eventually obtain the set {D,E,F,G,A,B,C,T}. We can keep track of these rule applications and the resulting global databases by an interest­ ing structure called a derivation graph. A derivation graph is a way of structuring the global database at any stage of the production system process so that it indicates something about the history of rule applica­ tions. We show a derivation graph for our example in Figure 3.6. The global database consists of the derivation graph. The way in which each boxed expression in the graph is derived is indicated by an incoming set of arcs labeled by the reverse rule. It is obvious, of course, that the two structures of Figure 3.4 and Figure 3.6 are identical except for arc directions. In many problems in which we are interested, if we reverse the direction of a commutative production system, we obtain a decomposable production system. Often we think of 110 RELATIONSHIPS BETWEEN DECOMPOSABLE AND COMMUTATIVE SYSTEMS R5 R6 H H 0 Ξ Fig. 3.4 A search graph. [D,E,F,G] {D,E,F,G,A} {D,E,F,G,C} {D,E,F,G,B} Fig. 3.5 Using rewrite rules in the reverse direction. Rf D RÏ E T B R4' R2' \R5' F Fig. 3.6 A derivation graph. Ill SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS the commutative system, using its rules, as the forward-directed system and the decomposable system, using reverse direction rules, as the backward-directed system. We can use an evaluation function in connection with derivation graphs to control this type of commutative production system. Any rule applied to a derivation graph can be regarded as producing a new derivation graph. The rule application adds one new node to the structure. Thus, rule RI' adds the node labeled Tin Figure 3.6. We can define the cost of the derivation through this rule as the cost of both the rule itself plus the costs of the least costly derivation (sub)graphs associated with the nodes that are "inputs" to the rule. Such a cost definition is exactly analogous to the recursive definition of the cost of an AND/OR solution graph. The cost of a derivation graph can be regarded as a way of computing a g function for a commutative production system. There are several alternative rules that can be applied to any derivation graph. Each has associated with it a g value computed as we have just described. We can also define a heuristic function, h, over derivation graphs. Such a function estimates the additional cost of all subsequent rule applications to that derivation graph and to its descendants along an optimal path to termination. When used to evaluate alternative rules, we let the h value of the rule application be the value obtained from this heuristic function for the derivation graph after the rule is applied. We can now add the g and h values of a rule application to obtain an/value for evaluating rules. That applicable rule with the smallest / value is selected for irrevocable application. In this manner, a commutative production system with an irrevocable control strategy can be guided by a process very much like that used by algorithm A in graph searching. Given the assumption that h is a lower bound on h *, we could show that such a strategy yields minimal cost derivations and that a more informed h uses fewer rule applications. 3,4. SEARCHING GAME TREES Search techniques similar to those already discussed can be used to find playing strategies for certain kinds of games. The games that we consider are those called two-person, perfect-information games. These 112 SEARCHING GAME TREES are played by two players who move in turn. They each know completely what both players have done and can do. Specifically, we are interested in those games where either one of the two players wins (and the other loses ) or where the result is a draw. Example games from this class are checkers, tic-tac-toe, chess, go, and nim. We are not going to consider here any games whose results are determined even partially by chance; thus, dice games and most card games are ruled out. (Our treatment could be generalized to include certain chance games, however.) We can use systems that are very much like production systems to analyze games. For example, in chess, the global database would contain a representation of the positions of all of the pieces on the board. The production rules model the legal moves of the game. The application of these rules to the initial database and to its successors, and so on, generates what is called a game graph or tree. We can illustrate these ideas using a simple game called "Grundy's game." The rules of the game are as follows: Two players have in front of them a single pile of objects, say a stack of pennies. The first player divides the original stack into two stacks that must be unequal. Each player alternately thereafter does the same to some single stack when it is his turn to play. The game proceeds until every stack has either just one penny or two—at which point continuation becomes impossible. The player who first cannot play is the loser. Suppose we call our two players MAX and MIN and let MIN play first. Let us start with seven pennies in the stack. A database for this game is an unordered sequence of numbers representing the number of pennies in the various stacks plus an indication of who is to move next. Thus (Ί,ΜΙΝ) is the starting configuration. From (7, MIN), MIN has three alternative moves creating the configurations (6,1, MAX), (5,2, MAX), or (4,3, MAX). The complete game graph for this game (produced by applying all applicable rules to all databases) is shown in Figure 3.7. All of the leaf nodes represent losing situations for the player next to move. We can use the game graph to show that, no matter what MIN does, MAX can always win. A winning strategy for MAX is shown in Figure 3.7 by heavy lines. For every node representing a game situation in which it is M I NT s move next, we must show that MAX can win from every position to which MIN might move. For every node representing a situation for which it is MAX's move next, we need only show that MAX can win from just one of the positions to which he might move. 113 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS Note the similarity between the winning strategy for MAX shown in Figure 3.7 and a solution graph of an AND/OR graph. Nodes corre­ sponding to MIKTs next move have successors that are like AND nodes. From MAX*s point of view, a solution (that is, a win) must be obtainable from all of these successors. Nodes corresponding to MAX'S next move have successors that are like OR nodes. Again, from MAX'S point of view, a win must be obtainable from at least one of these successors. Terminal nodes are nodes corresponding to winning situations for MAX. In our discussion of games, we adopt the convention that we are trying to find a winning strategy for MAX. Also, we assume that MAX moves first and that thereafter the moves alternate between the two players. With these conventions we can suppress any explicit mention of whose move is next in further illustrations of game graphs and trees. Nodes at even-numbered depths correspond to positions in which it is MAX's move next; these will be called MAX nodes. Nodes at odd-numbered depths correspond to positions in which it is MIN's move next; these are the MIN nodes. A terminal node is any node corresponding to a winning position for MAX. (The top node of a game graph is of depth zero, an even number.) (5, 1, \,MIN)\ (4,2, \,MIN)\ (3,2, 2,MIN)\ (3,3, \,MIN) Fig. 3.7 A game graph for Grundy's game. 114 SEARCHING GAME TREES 3.4.1. THE MINIMAX PROCEDURE Many simple games (as well as some "ending" sequences of more complex games) can be handled by search techniques that are analogous to those used for finding AND/OR solution graphs. The solution graph, then, represents a complete playing strategy. Grundy's game, tic-tac-toe (naughts and crosses), various versions of nim, and some chess and checker end-games are examples of simple games in which AND/OR search to termination is feasible. A gross estimate of the size of the tic-tac-toe game tree, for example, can be obtained by noting that the start node has nine successors, these in turn have eight, etc., yielding 9! (or 362,880) nodes at the bottom of the tree. Many of the paths end in terminal nodes at shallower levels, however, and further reductions in the size of the tree result if symmetries are acknowledged. For more complex games, such as complete chess and checker games, AND/OR search to termination is wholly out of the question. It has been estimated that the complete game tree for checkers has approximately 1040 nodes and the chess tree has approximately 10120 nodes. (It would take about 1021 centuries to generate the complete checker tree, even assuming that a successor could be generated in 1/3 of a nanosecond.) Furthermore, heuristic search techniques do not reduce the effective branching factor sufficiently to be of much help. Therefore, for complex games, we must accept the fact that search to termination is impossible; that is, we must abandon the idea of using this method to prove that a win or draw can be obtained (except perhaps during the end-game). Our goal in searching a game tree might be, instead, merely to find a good first move. We could then make the indicated move, await the opponent's reply, and search again to find a good first move from this new position. We can use either breadth-first, depth-first, or heuristic meth­ ods, except that the termination conditions must now be modified. Several artificial termination conditions can be specified based on such factors as a time limit, a storage-space limit, and the depth of the deepest node in the search tree. It is also usual in chess, for example, not to terminate if any of the tip nodes represent "live" positions, that is, positions in which there is an immediate advantageous swap. After search terminates, we must extract from the search graph an estimate of the "best" first move. This estimate can be made by applying a static evaluation function to the leaf nodes of the search graph. The evaluation function measures the "worth" of a leaf node position. The 115 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS measurement is based on various features thought to influence this worth; for example, in checkers some useful features measure the relative piece advantage, control of the center, control of the center by kings, and so forth. It is customary in analyzing game trees to adopt the convention that game positions favorable to MAX cause the evaluation function to have a positive value, while positions favorable to MIN cause the evaluation function to have a negative value; values near zero correspond to game positions not particularly favorable to either MAX or MIN. A good first move can be extracted by a procedure called the minimax procedure. (For simplicity we explain this procedure and others depend­ ing on it as if the game graph were really just a game tree.) We assume that were MAX to choose among tip nodes, he would choose that node having the largest evaluation. Therefore, the ( MAX node) parent of MIN tip nodes is assigned a backed-up value equal to the maximum of the evaluations of the tip nodes. On the other hand, if MIN were to choose among tip nodes, he would presumably choose that node having the smallest evaluation (that is, the most negative). Therefore, the (MIN node) parent of MAX tip nodes is assigned a backed-up value equal to the minimum of the evaluations of the tip nodes. After the parents of all tip nodes have been assigned backed-up values, we back up values another level, assuming that MAX would choose that node with the largest backed-up value while MIN would choose that node with the smallest backed-up value. We continue to back up values, level by level, until, finally, the successors of the start node are assigned backed-up values. We are assuming it is MAX'S turn to move at the start, so MAX should choose as his first move the one corresponding to the successor having the largest backed-up value. The utility of this whole procedure rests on the assumption that the backed-up values of the start node's successors are more reliable measures of the ultimate relative worth of these positions than are the values that would be obtained by directly applying the static evaluation function to these positions. The backed-up values are, after all, based on "looking ahead" in the game tree and therefore depend on features occurring nearer the end of the game. A simple example using the game of tic-tac-toe illustrates the min- imaxing method. Let us suppose that MAX marks crosses (X ) and MIN 116 SEARCHING GAME TREES marks circles (O) and that it is MAX'S turn to play first. We conduct a breadth-first search, until all of the nodes at level 2 are generated, and then we apply a static evaluation function to the positions at these nodes. Let our evaluation function e(p) of a position p be given simply by: If p is not a winning position for either player, e(p) = (number of complete rows, columns, or diagonals that are still open for MAX) — (number of complete rows, columns, or diagonals that are still open for MIN). lip is a win for MAX, e(p) = oo (oo denotes a very large positive number). If/? is a win for MIN, e(p) = -oo. Thus, if/7 is o X we have e(p) = 6 — 4 = 2. We make use of symmetries in generating successor positions; thus the following game states o X X o X o o X are all considered identical. (Early in the game, the branching factor of the tic-tac-toe tree is kept small by symmetries; late in the game, it is kept small by the number of open spaces available.) In Figure 3.8 we show the tree generated by a search to depth 2. Static evaluations are shown below the tip nodes, and backed-up values are circled. 117 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS I È is .bio xlOl 118 Fig. 3.9 Minimax applied to tic-tac-toe {stage 2). n X 5 o p H w w SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS 120 SEARCHING GAME TREES Since has the largest backed-up value, it is chosen as the first move. (Coin- cidentally, this is MAX'S best first move.) Now let us suppose that MAX makes this move and MIN replies by putting a circle in the square directly above the X (a bad move for MIN, who must not be using a good search strategy). Next MAX searches to depth 2 below the resulting configuration, yielding the search tree shown in Figure 3.9. There are now two possible "best" moves; suppose MAX makes the one indicated. Now MIN makes the move that avoids his immediate defeat, yielding O X O XI MAX searches again, yielding the tree shown in Figure 3.10. Some of the tip nodes in this tree (for example, the one marked A ) represent wins for MIN and thus have evaluations equal to — oo. When these evalua­ tions are backed up, we see that MAX'S best move is also the only one that avoids his immediate defeat. Now MIN can see that MAX must win on his next move, so MIN gracefully resigns. 3.4.2. THE ALPHA-BETA PROCEDURE The search procedure that we have just described separates completely the processes of search-tree generation and position evaluation. Only after tree generation is completed does position evaluation begin. It happens that this separation results in a grossly inefficient strategy. Remarkable reductions (amounting sometimes to many orders of mag­ nitude) in the amount of search needed (to discover an equally good move) are possible if one performs tip-node evaluations and calculates backed-up values simultaneously with tree generation. Consider the search tree of Figure 3.10 (the last stage of our tic-tac-toe search). Suppose that a tip node is evaluated as soon as it is generated. Then after the node marked A is generated and evaluated, there is no point in generating (and evaluating) nodes B, C, and D ; that is, since MIN has A available and MIN could prefer nothing to A, we know 121 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS immediately that MIN will choose A. We can then assign A's parent the backed-up value of — oo and proceed with the search, having saved the search effort of generating and evaluating nodes 2?, C, and D. (Note that the savings in search effort would have been even greater if we were searching to greater depths; for then none of the descendants of nodes B, C, and D would have to be generated either.) It is important to observe that failing to generate nodes B, C, and D can in no way affect what will turn out to be MAX'S best first move. In this example, the search savings depended on the fact that node A represented a win for MIN. The same kind of savings can be achieved, however, even when none of the positions in the search tree represents a win for either MAX or MIN. Consider the first stage of the tic-tac-toe tree shown in Figure 3.8. We repeat part of this tree in Figure 3.11. Suppose that search had progressed in a depth-first manner and that whenever a tip node is generated, its static evaluation is computed. Also suppose that whenever a position can be given a backed-up value, this value is computed. Now consider the situation occurring at that stage of the depth-first search immediately after node A and all of its successors have been generated, but before node B is generated. Node A is now given the backed-up value of — 1. At this point we know that the backed-up value of the start node is bounded from below by — 1. Depending on the backed-up values of the other successors of the start node, the final backed-up value of the start node may be greater than — 1, but it cannot be less. We call this lower bound an alpha value for the start node. Now let depth-first search proceed until node B and its first successor node, C, are generated. Node C is then given the static value of — 1. Now we know that the backed-up value of node B is bounded from above by — 1. Depending on the static values of the rest of node B's successors, the final backed-up value of node B can be less than — 1 but it cannot be greater. We call this upper bound on node B a beta value. We note at this point, therefore, that the final backed-up value of node B can never exceed the alpha value of the start node, and therefore we can discontinue search below node B. We are guaranteed that node B will not turn out to be preferable to node A. This reduction in search effort was achieved by keeping track of bounds on backed-up values. In general, as successors of a node are given 122 SEARCHING GAME TREES backed-up values, the bounds on backed-up values can be revised. But we note that: (a) The alpha values of MAX nodes (including the start node) can never decrease, and (b) the beta values of MIN nodes can never increase. Because of these constraints we can state the following rules for discontinuing the search: (1) Search can be discontinued below any MIN node having a beta value less than or equal to the alpha value of any of its MAX node ancestors. The final backed-up value of this MIN node can then be set to its beta value. This value may not be the same as that obtained by full minimax search, but its use results in selecting the same best move. (2) Search can be discontinued below any MAX node having an alpha value greater than or equal to the beta value of any of its MIN node ancestors. The final backed-up value of this MAX node can then be set to its alpha value. X o 1— -^ Γ O 1— -^ o L Ά 1 XJ fe o Beta value = -1 Fig. 3.11 Part of the first stage tic-tac-toe tree. 123 Start Node (Backed-Up Value = +1) Π MAX Nodes O MIN Nodes +5 -3 +3 +3 -3 0 +2 -2 +3 +5 +2+5-5 0 +1 +5+1 -3 0 -5 +5 -3 +3 +2 +3 -3 0 -2 0 +1 +4+5 +1 -1 +3 -3 +2 M n H w 2 M C/5 o a M n o S ►d O r w ►o o a n H 1 H W S C/i Fig. 3.12 An example illustrating the alpha-beta search procedure. SEARCHING GAME TREES During search, alpha and beta values are computed as follows: (a) The alpha value of a MAX node is set equal to the current largest final backed-up value of its successors. (b) The beta value of a MIN node is set equal to the current smallest final backed-up value of its successors. When search is discontinued under rule (1) above, we say that an alpha cutoff has occurred; when search is discontinued under rule (2), we say that a beta cutoff has occurred. The whole process of keeping track of alpha and beta values and making cutoffs when possible is usually called the alpha-beta procedure. The procedure terminates when all of the successors of the start node have been given final backed-up values, and the best first move is then the one creating that successor having the highest backed-up value. Employing this procedure always results in finding a move that is equally as good as the move that would have been found by the simple minimax method searching to the same depth. The only difference is that the alpha-beta procedure finds a best first move usually after much less search. An application of the alpha-beta procedure is illustrated in Figure 3.12. We show a search tree generated to a depth of 6. (Our convention is to generate the left-most nodes first. MAX nodes are depicted by a square, and MIN nodes are depicted by a circle.) The tip nodes have the static values indicated. Now suppose we conduct a depth-first search employing the alpha-beta procedure. The subtree generated by the alpha-beta procedure is indicated by darkened branches. Those nodes cut off have X s drawn through them. Note that only 18 of the original 41 tip nodes had to be evaluated. (The reader can test his understanding of the procedure by attempting to duplicate the alpha-beta search on this example.) 3.43. THE SEARCH EFFICIENCY OF THE ALPHA-BETA PROCEDURE In order to perform alpha-beta cutoffs, at least some part of the search tree must be generated to maximum depth, because alpha and beta values must be based on the static values of tip nodes. Therefore some 125 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS type of a depth-first search is usually employed in using the alpha-beta procedure. Furthermore, the number of cutoffs that can be made during a search depends on the degree to which the early alpha and beta values approximate the final backed-up values. The final backed-up value of the start node is identical to the static value of one of the tip nodes. If this tip node could be reached first in a depth-first search, the number of cutoffs would be maximal. When the number of cutoffs is maximal, a minimal number of tip nodes need to be generated and evaluated. Suppose a tree has depth D, and every node (except a tip node) has exactly B successors. Such a tree will have precisely B D tip nodes. Suppose an alpha-beta procedure generated successors in the order of their true backed-up values—the lowest valued successors first for MIN nodes and the highest valued successors first for MAX nodes. (Of course, these backed-up values are not typically known at the time of successor generation, so this order could never really be achieved, except perhaps accidentally.) It happens that this order maximizes the number of cutoffs that will occur and minimizes the number of tip nodes generated. Let us denote this minimal number of tip nodes by N D. It can be shown that ND = 2ΒΌ/2 - 1 (for even/)) and ND = BiD+i)/2 + BiO~l)/2 - 1 (for odd D). That is, the number of tip nodes of depth D that would be generated by optimal alpha-beta search is about the same as the number of tip nodes that would have been generated at depth D/2 without alpha-beta. Therefore, for the same storage requirements, the alpha-beta procedure with perfect successor ordering allows search depth to double. Even though perfect ordering cannot be achieved in search problems (if it could, we wouldn't need the search process at all!), the large potential payoff suggests the importance of using the best ordering function available. 126 BIBLIOGRAPHICAL AND HISTORICAL REMARKS 3.5. BIBLIOGRAPHICAL AND HISTORICAL REMARKS 3.5.1. AND/OR GRAPHS Decomposition and AND/OR graphs have been used in a variety of applications. Hinxman (1976) discusses applications to the "stock-cutting problem"; Martelli and Montanari (1975,1978) show how dynamic programming problems can be formulated as problems of AND/OR search and how such a formulation is used to optimize decision trees; Slagle (1963) uses AND/OR trees in symbolic integration; Stockman (1977) describes applications to the analysis of waveforms, and, as we shall see in chapter 6, AND/OR graphs can be used in theorem-proving systems. Our algorithm AO* is essentially the same as the algorithm for searching AND/OR graphs of Martelli and Montanari (1973, 1978). We have taken some of our illustrative examples from Martelli and Montan­ ari (1979). These AND/OR graph-searching algorithms are based on earlier work of Nilsson (1969,1971). [See also Amarel (1967).] Hall (1973) has shown the equivalence between AND/OR graphs and context-free grammars. Levi and Sirovich (1976) generalize AND/OR graphs to represent interdependent subproblems and show that the generalized graphs are equivalent to type-0 grammars. Chang and Slagle (1971) also discuss AND/OR graphs, although their treatment seems to lose some of the advantages inherent in decomposition. Berliner (1979) presents a related search algorithm involving upper and lower bound values at each node. Kowalski (1972) and vanderBrug and Minker (1975) discuss the relationships between what we term backward decomposable systems (using AND/OR graphs) and forward commutative ones (using deriva­ tion graphs). Michie and Sibert (1974) also describe heuristic search algorithms based on derivation graphs. 3.5.2. GAME TREES Shannon (1950) proposed a minimax search procedure to be used with a static evaluation function in a proposal for a program to play chess. Newell, Shaw, and Simon (1958) used these ideas in constructing an early 127 SEARCH STRATEGIES FOR DECOMPOSABLE PRODUCTION SYSTEMS chess-playing program. Samuel (1959, 1967) developed a checker (draughts) program that used polynomial evaluation functions, alpha- beta search methods, and learning strategies for improving play. Slagle (1970) has discussed the similarities between AND/OR trees and game trees. The alpha-beta procedure was discovered independently by many of the early AI researchers. A version of it is first described by Newell, Shaw, and Simon (1958). Knuth and Moore (1975) present a thorough analysis of its properties and discuss its history. Newborn (1977) and Baudet (1978) present additional results. The results on search efficiency of alpha-beta were first stated by Edwards and Hart (1963) based on a theorem that they attribute to Michael Levin. Later, Slagle and Dixon (1969) give what they consider to be the first published proof of this theorem. Knuth and Moore (1975) contains the most complete account of these properties. Lindstrom (1979) reformulates the alpha-beta procedure for coroutine (rather than recursive) control. Harris (1974) proposes an alternative to minimax search for game trees. Chess-playing programs are steadily improving in ability, and many AI experts continue to believe that a computer world chess champion is not far off. Good accounts of computer chess are given in an article by Berliner (1978) and in books by Newborn (1975) and by Levy (1976). A recent program by Wilkins (1979) incorporates knowledge about chess tactics, which greatly diminishes the amount of search needed. [See also Pitrat(1977).] EXERCISES 3.1 The following rewrite rules can be used to replace the numeral on the left-hand side with the string of numerals on the right. 6^3,3 4->3,l 6^4,2 3-* 2,1 4->2,2 2 —> 1,1 Consider the problem of using these rules to transform the numeral 6 into a string of Is. Illustrate how algorithm AO* works by using it to solve 128 EXERCISES this problem. Assume that the cost of a /c-connector is k units, and that the value of the h function at nodes labeled by the numeral 1 is zero and at nodes labeled by n (n Φ 1) is n. 3.2 The game nim is played as follows: Two players alternate in removing one, two, or three pennies from a stack initially containing five pennies. The player who picks up the last penny loses. Show, by drawing the game graph, that the player who has the second move can always win. Can you think of a simple characterization of the winning strategy? 33 Conduct on alpha-beta search of the game tree shown in Figure 3.12 by generating nodes in the order right-most node first. Indicate where cutoffs occur and compare with Figure 3.12, in which nodes were generated left-most node first. 3.4 Chapters 2 and 3 concentrated on search techniques for tentative control regimes (backtracking and graph-search). Discuss the search problem for an irrevocable control regime guiding a commutative production system. (You might base your discussion on Section 3.3., for example.) Specify (in detail) a search algorithm that uses an evaluation function with a heuristic component. 3.5 Represent the configuration of a tic-tac-toe board by a nine-dimen­ sional vector, c, having components equal to + 1, O, or — 1 according to whether the corresponding cells are marked with a X, are empty, or are marked with a O, respectively. Specify a nine-dimensional vector w, such that the dot product ovv is a useful evaluation function for use by MAX (playing Xs) to evaluate nonterminal positions. Use this evaluation function to perform a few minimax searches making any adjustments to w that seem appropriate to improve the evaluation function. Can you find a vector w that appraises positions so accurately that search below these positions is not needed? 129 CHAPTER 4 THE PREDICATE CALCULUS IN AI In many applications, the information to be encoded into the global database of a production system originates from descriptive statements that are difficult or unnatural to represent by simple structures like arrays or sets of numbers. Intelligent information retrieval, robot problem solving, and mathematical theorem proving, for example, require the capability for representing, retrieving and manipulating sets of state­ ments. The first order predicate calculus is a formal language in which a wide variety of statements can be expressed. Throughout the rest of the book, we use expressions in the predicate calculus language as components of the global databases of production systems. Before describing exactly how this language is used in AI systems, however, we must define the language, show how it is used to represent statements, explain how inferences can be made from sets of expressions in the language, and discuss how to deduce statements in the language from other statements in the language. These are fundamental concepts of formal logic and are also of great importance in AI. In this chapter we introduce the language and methods of logic and then show how they can be exploited in AI production systems. 4.1. INFORMAL INTRODUCTION TO THE PREDICATE CALCULUS A language, such as the predicate calculus, is defined by its syntax. To specify a syntax we must specify the alphabet of symbols to be used in the language and how these symbols are to be put together to form legitimate expressions in the language. The legitimate expressions of the predicate 131 THE PREDICATE CALCULUS IN AI calculus are called the well-formed formulas (wffs). In the discussion that follows we give a brief, informal description of the syntax of the predicate calculus. 4.1.1. THE SYNTAX AND SEMANTICS OF ATOMIC FORMULAS The elementary components of the predicate calculus language are predicate symbols, variable symbols, function symbols, and constant symbols set off by parentheses, brackets, and commas, in a manner to be illustrated by examples. A predicate symbol is used to represent a relation in a domain of discourse. Suppose, for example, that we wanted to represent the fact that someone wrote something. We might use the predicate symbol WRITE to denote a relationship between a person doing the writing and a thing written. We can compose a simple atomic formula using WRITE and two terms, denoting the writer and what is written. For example, to represent the sentence "Voltaire wrote Can­ dide," we might use the simple atomic formula: WRITE( VOLTAIRE,CANDIDE). In this atomic formula, VOLTAIRE, and CANDIDE, are constant symbols. In general, atomic formulas are composed of predicate symbols and terms. A constant symbol is the simplest kind of term and is used to represent objects or entities in a domain of discourse. These objects or entities may be physical objects, people, concepts, or anything that we want to name. Variable symbols, like x ory, are terms also, and they permit us to be indefinite about which entity is being referred to. Formulas using variable symbols, like WRITE (x,y), are discussed later in the context of quantification. We can also compose terms of function symbols. Function symbols denote functions in the domain of discourse. For example, the function symbolfather can be used to denote the mapping between an individual and his male parent. To express the sentence "John's mother is married to John's father," we might use the following atomic formula: MARRIED[father(JOHN),mother(JOHN)]. Usually a mnemonic string of capital letters is used as a predicate 132 INFORMAL INTRODUCTION TO THE PREDICATE CALCULUS symbol. (Examples: WRITE, MARRIED.) In some abstract examples, short strings of upper-case letters and numerals (PI, Q2) are used as predicate symbols. A mnemonic string of capital letters or short strings of upper-case letters and numerals are also used as constant symbols; for example, CANDIDE, Al, or B2. Context prevents confusion between whether a string is a predicate symbol or a constant symbol. Mnemonic strings of lower-case letters are used as function symbols. (Examples: father, mother.) Lower-case letters near the middle of the alphabet, like/, g, h, etc., are used in abstract examples. To represent an English sentence by an atomic formula, we focus on the relations and entities that the sentence describes and represent them by predicates and terms. Often, the predicate is identified with the verb of the sentence, and the terms are identified with the subject or object of the verb. Usually we have several choices about how to represent a sentence. For example, we can represent the sentence "The house is yellow" either by a one-term predicate, as in YELLOW(HOUSE-l), by a two-term predicate, as in COLOR(HOUSE-l, YELLOW), or by a three-term predicate, as in VALUE(COLOR,HOUSE-l,YELLOW), etc. The designer of a representation selects the alphabet of predicates and terms that he will use and defines what the elements of this alphabet will mean. In the predicate calculus, a wff can be given an interpretation by assigning a correspondence between the elements of the language and the relations, entities, and functions in the domain of discourse. To each predicate symbol, we must assign a corresponding relation in the domain; to each constant symbol, an entity in the domain; and to each function symbol, a function in the domain. These assignments define the semantics of the predicate calculus language. In our applications, we are using the predicate calculus specifically to represent certain statements about a domain of discourse; thus we usually have a specific interpreta­ tion in mind for the wffs that we use. Once an interpretation for an atomic formula has been defined, we say that the formula has value T (true) just when the corresponding statement about the domain is true and that it has value F (false) just when the corresponding statement is false. Thus, using the obvious interpretation, the formula WRITE( VOLTAIRE, CANDIDE) has value T, and WRITE( VOLTAIRE, COMPUTER-CHESS) 133 THE PREDICATE CALCULUS IN AI has value F. When an atomic formula contains variables, there may be some assignments to the variables (of entities in the domain) for which an atomic formula has value T and other assignments for which it has value F. 4.1.2. CONNECTIVES Atomic formulas, like WRITE (x,y), are merely the elementary building blocks of the predicate calculus language. We can combine atomic formulas to form more complex wffs by using connectives such as "Λ" (and), "V" (or), and "^>" (implies). The connective "Λ" has obvious use in representing compound sentences like "John likes Mary, and John likes Sue." Also, some simpler sentences can be written in a compound form. For example, "John lives in a yellow house" might be represented by the formula LIVES(JOHN,HOUSE-l) A COLOR(HOUSE-l, YELLOW), where the predicate LIVES represents a relation between a person and an object and where the predicate COLOR represents a relation between an object and a color. Formulas built by connecting other formulas by Λ s are called conjunctions, and each of the component formulas is called a conjunct. Any conjunction composed of wffs is also a wff. The symbol "V" is used to represent inclusive "or." For example, the sentence "John plays centerfield or shortstop" might be represented by \PLAYS(JOHN,CENTERFIELD) V PLAYS (JOHN, SHORT­ STOP)]. Formulas built by connecting other formulas by Vs are called disjunctions, and each of the component formulas is called a disjunct. Any disjunction composed of wffs is also a wff. The truth values of conjunctions and disjunctions are determined from the truth values of the components. A conjunction has value T if each of its conjuncts has value T; otherwise it has value F. A disjunction has value Tif at least one of its disjuncts has value T\ otherwise it has value F. The other connective, "=>," is used for representing "if-then" state­ ments. For example, the sentence "If the car belongs to John, then it is green," might be represented by OWNS(JOHN,CAR-l)=> COLOR(CAR-l,GREEN). 134 INFORMAL INTRODUCTION TO THE PREDICATE CALCULUS A formula built by connecting two formulas with a =Φ is called an implication. The left-hand side of an implication is called the antecedent, and the right-hand side is called the consequent. If both the antecedent and the consequent are wffs, then the implication is a wff also. An implication has value T if either the consequent has value T (regardless of the value of the antecedent) or if the antecedent has value F (regardless of the value of the consequent); otherwise the implication has value F. This definition of implicational truth value is sometimes at odds with our intuitive notion of the meaning of "implies." For example, the predicate calculus representation of the sentence "If the moon is made of green cheese, then horses can fly" has value T The symbol "~" (not) is sometimes called a connective although it is really not used to connect two formulas. It is used to negate the truth value of a formula; that is, it changes the value of a wff from T to F, and vice versa. For example, the (true) sentence "Voltaire did not write Computer Chess" might be represented as ~WRITE( VOLTAIRE, COMPUTER-CHESS) . A formula with a ~ in front of it is called a negation. The negation of a wff is also a wff. An atomic formula and the negation of an atomic formula are both called literals. It is easy to see that ~F1 V F2 always has the same truth value as Fl => F2, so we really wouldn't ever need to use =Φ. But our object here is not to propose a minimal representation but a useful one. There are occasions in which Fl =$> F2 is heuristically preferable to its equivalent ~F1 V F2, and vice versa. If we limited our sentences to those that could be represented by the constructs that we have introduced so far, and if we never used variables in terms, we would be using a subset of the predicate calculus called the propositional calculus. Indeed, the propositional calculus can be a useful representation for many simplified domains, but it lacks the ability to represent many statements (such as "All elephants are gray") in a useful manner. To extend its power, we need the capability to make statements with variables in the formulas. 135 THE PREDICATE CALCULUS IN AI 4.13. QUANTIFICATION Sometimes an atomic formula, like P(x\ has value T (with a given interpretation for P ) no matter what assignment is given to the variable x. Or such an atomic formula may have value Tfor at least one value of x. In the predicate calculus these properties are used in establishing the truth values of formulas containing constructs called quantifiers. The formula consisting of the universal quantifier (Vx )in front of a formula P(x ) has value 7" for an interpretation just when the value of P(x ) under this interpretation is T for all assignments of x to entities in the domain. The formula consisting of the existential quantifier (3x ) in front of a formula P(x) has value T for an interpretation just when the value of P(x ) under the interpretation is T for at least one assignment of x to an entity in the domain. For example, the sentence "All elephants are gray" might be repre­ sented by (Vx )[ ELEPHANT {x ) => COLOR (JC, GRA Y)]. Here, the formula being quantified is an implication, and x is the quantified variable. We say that x is quantified over. The scope of a quantifier is just that part of the following string of formulas to which the quantifier applies. As another example, the sentence "There is a person who wrote Computer Chess" might be represented by (3x) WRITE(x,COMPUTER-CHESS). Any expression obtained by quantifying a wff over a variable is also a wff. If a variable in a wff is quantified over, it is said to be a bound variable; otherwise it is said to be a.free variable. We are mainly interested in wffs having all of their variables bound. Such wffs are called sentences. We note that if quantifiers occur in a wff, it is not always possible to use the rules for the semantics of quantifiers to compute the truth value of that wff. For example, consider the wff (\/x)P(x).Given an interpreta­ tion for P and an infinite domain of entities, we would have to check to see whether the relation corresponding to P held for every possible assignment of the value of JC to a domain entity in order to establish that the wff had value T. Such a process would never terminate. The version of the predicate calculus used in this book is called first 136 INFORMAL INTRODUCTION TO THE PREDICATE CALCULUS order because it does not allow quantification over predicate symbols or function symbols. Thus, formulas like (VP)P(^4)are not wffs in first order predicate calculus. 4.1.4. EXAMPLES AND PROPERTIES OF WFFS Using the syntactic rules that we have just informally discussed, we can build arbitrarily complex wffs, and we can compute whether or not an arbitrary expression is a wff. For example, the following expressions are wffs: (3x){<yy)[(P(x,y)AQ(y,x))^R(x)]} ~0fq){(3x)[P(x)V R(q)]} ~P[A,g(A,B,A)\ {~[P(A)^P(B)]}^P(B) In the above expressions, we have used parentheses, brackets, and braces as delimiters to group the component wffs. We use these delimiters to improve readability and to eliminate any ambiguity about how a wff is put together. Some examples of expressions that are not wffs are: ~f{A) j\P{A)] Q{f(AUp(B)^Q(C)]} A V ~ => (V~) Given an interpretation, the truth values of wffs (except for some containing quantifiers) can be computed given the rules we have informally described above. When truth values are computed in this manner, we are using what is called a truth table method. This method takes its name from a truth table that summarizes the rules we have already discussed. If XI and X2 are any wffs, then the truth values of composite expressions made up of these wffs are given by the following truth table. 137 THE PREDICATE CALCULUS IN AI Table 4.1 Truth Table XI X2 X1VX2 X1AX2 XI => X2 ~*7 If the truth values of two wffs are the same regardless of their interpretation, then we say that these wffs are equivalent. Using the truth table, we can easily establish the following equivalences: ~(~XI ) is equivalent to XI XI V X2 is equivalent to ~X1 => X2 de Morgan's Laws: ~(X1 AX2) is equivalent to ~X1 V ~ X2 ~(X1 V X2) is equivalent to ~*7 Λ ~X2 Distributive Laws: XI A (X2 V X3) is equivalent to (XI A X2) V (XI A X3) XI V (X2 Λ X3) is equivalent to (XI V X2) A (XI V X3) Commutative Laws: XI A X2 is equivalent to X2 A XI XI V X2 is equivalent to X2 V XI Associative Laws: (XI AX2)AX3 is equivalent to XI A (X2 A X3) (XI V X2)V X3 is equivalent to XI V (X2 V X3) Contrapositive Law: X1^X2 is equivalent to — X2^>~X1 138 INFORMAL INTRODUCTION TO THE PREDICATE CALCULUS These laws justify the form in which we have written various of our example wffs in the discussion above. For example, the associative law allows us to write the conjunction XI A X2 A ... A XN without any parentheses. From the meanings of the quantifiers, we can also establish the following equivalences: ~(3x ) P ( x ) is equivalent to (Vx )[~P ( x )] ~(Vx)P(x) is equivalent to (3x)[~P(x)] (Vx)[P(x) A Q(x)]is equivalent to (Vx)P(x)A(Vy)Q(y) (3x)[P(x) V Q(x)] is equivalent to (3x)P(x)V(3y)Q(y) (Vx)P(x) is equivalent to (Vy)P(y) (3x )P(x) is equivalent to (3y ) P (y ) In the last two equivalences, we see that the bound variable in a quantified expression is a kind of "dummy" variable. It can be arbitrarily replaced by any other variable symbol not already occurring in the expression. To show the versatility of the predicate calculus as a language for expressing various assertions, we show below some example predicate calculus representations of some English sentences: Every city has a dogcatcher who has been bitten by every dog in town. 0/x){CITY(x)^(3y){DOGCATCHER(x,y) A (Vz){[DOG(z) A LIVES-IN(x 9z)]^> BIT(y,z)}}} For every set x, there is a set y, such that the cardinality ofy is greater than the cardinality of JC. (Vx){SET(x)^(3y)(3u)(3v) [SET(y) A CARD(x,u) A CARD(y,v) A G(n,v)]} 139 THE PREDICATE CALCULUS IN AI All blocks on top of blocks that have been moved or that are attached to blocks that have been moved have also been moved. (Vx)(Vy) {{BLOCK(x) A BLOCK(y) A[ONTOP(x,y)V ATTACHED(χ,γ)] A MOVED00}=>MOVED(x)} 4.1.5. RULES OF INFERENCE, THEOREMS, AND PROOFS In the predicate calculus, there are rules of inference that can be applied to certain wffs and sets of wffs to produce new wffs. One important inference rule is modus ponens. Modus ponens is the operation that produces the wff W2 from wffs of the form Wl and Wl => W2. Another rule of inference, universal specialization, produces the wff W(A ) from the wff (VA: ) W(x ),where A is any constant symbol. Using modus ponens and universal specialization together, for example, produces the wff W2(A) from the wffs (\/x)[Wl(x)=> W2(x)]imd W1(A). Inference rules, then, produce derived wffs from given ones. In the predicate calculus, such derived wffs are called theorems, and the sequence of inference rule applications used in the derivation constitutes di proof oî the theorem. As we mentioned earlier, some problem-solving tasks can be regarded as the task of finding a proof for a theorem. 4.1.6. UNIFICATION In proving theorems involving quantified formulas, it is often neces­ sary to "match" certain subexpressions. For example, to apply the combination of modus ponens and universal specialization to produce W2(A) from the wffs (Vx)[ Wl(x)=> W2{x)] and W1(A), it is necessary to find the substitution "A for x" that makes Wl (A ) and Wl{x) identical. Finding substitutions of terms for variables to make expressions identical is an extremely important process in AI and is called unification. In order to describe this process, we must first discuss the topic of substitutions. The terms of an expression can be variable symbols, constant symbols, or functional expressions, the latter consisting of function symbols and terms. A substitution instance of an expression is obtained by substituting 140 INFORMAL INTRODUCTION TO THE PREDICATE CALCULUS terms for variables in that expression. Thus, four instances of P[x,f(y),B] are: P[z,f(w),B] P[x,f(A),B) P[g(z),f(A),B] P[C,f(A),B] The first instance is called an alphabetic variant of the original literal because we have merely substituted different variables for the variables appearing in P [ x,f(y ),B], The last of the four instances shown above is called a ground instance, since none of the terms in the literal contains variables. We can represent any substitution by a set of ordered pairs s = {t 1 /v 1, t2/v2, ..., t n/vn}. The pair ti/vi means that term t { is substituted for variable v { throughout. We insist that a substitution be such that each occurrence of a variable have the same term substituted for it. Also, no variable can be replaced by a term containing that same variable. The substitutions used above in obtaining the four instances of P[x,f(y),B] are: si = {z/x,w/y} s2={A/y] s3={g(z)/x,A/y) s4={C/x 9A/y] To denote a substitution instance of an expression, E, using a substitution, s, we write Es. Thus, P[z 9f(w) 9B] = P[x 9f(y) 9B]sl . The composition of two substitutions si and s2 is denoted by sls2, which is that substitution obtained by applying s2 to the terms of si and then adding any pairs of s2 having variables not occurring among the variables of si. Thus, {g(x,y)/z}{A/x,B/y 9C/w 9D/z} = {g(A 9B)/z 9A/x,B/y 9C/w} . It can be shown that applying si and s2 successively to an expression L is the same as applying ^7^2 to L ; that is, ( Lsl )s2 = L ( sls2 ). It can also be shown that the composition of substitutions is associative: (sls2)s3 = sl(s2s3). 141 THE PREDICATE CALCULUS IN AI Substitutions are not, in general, commutative; that is, it is not generally the case that sls2 = s2sl. If a substitution s is applied to every member of a set { E,}of expressions, we denote the set of substitution instances by { Ei } s. We say that a set { Ei}of expressions is unijiiable if there exists a substitution s such that E,s = E,s = E,s = . . , . In such a case, s is said to be a unijier of { E,}since its use collapses the set to a singleton. For example, s = { A/x,B/y} unifies { P[x,f(y),BI, P[x,f(B),BI}, to yield {P[A,f(B),BI}. Although s = {A/x,B/y} is a unifier of the set { P[x,f(y),B], P[ x,f(B),B]}, in some sense it is not the simplest unifier. We note that we really did not have to substitute A for x to achieve unification. The most general (or simplest) unifier, mgu, g of { Ei }, has the property that if s is any unifier of { Ei } yielding { Ei } s, then there exists a substitution s’ such that { Ei } s = { Ei } gs’. Furthermore, the common instance pro- duced by a most general unifier is unique except for alphabetic variants. There are many algorithms that can be used to unify a finite set of unifiable expressions and which report failure when the set cannot be unified. The recursive procedure UNIFY, given informally below, is useful for establishing a general idea of how to unify a set of two list-structured expressions. [The literal P( x,f(A,y )) is written as (P x CfA y )) in list-structured form.] Recursive Procedure UNIFY( El, E2) 1 if either El or E2 is an atom (that is, a predicate symbol, a function symbol, a constant symbol, a negation symbol or a variable), interchange the arguments El and E2 (if necessary) so that El is an atom, and do: 2 begin 3 if El and E2 are identical, return NIL 4 if El is a variable, do: 142 INFORMAL INTRODUCTION TO THE PREDICATE CALCULUS 5 begin 6 if El occurs in E2, return FAIL 7 return {E2/E1} 8 end 9 if E2 is a variable, return {E1/E2} 10 return FAIL 11 end 12 Fl <- the first element of El, Tl <- the rest of El 13 F2 <- the first element of E2 9 T2 «— the rest of E2 14 Z7<-UNIFY(F7,F2) 15 if Zl = FAIL, return FAIL 16 Gl 4- result of applying Z7 to 77 17 G2 +- result of applying Z7 to 77 18 Z2 <-UNIFY(G7, (72) 19 if Z2 = FAIL, return FAIL 20 return the composition of Z7 and Z2 It can be proven that UNIFY finds a most general unifier of a set of unifiable expressions or reports failure when the expressions are not unifiable. As examples, we list the most general common substitution instances (those obtained by applying the mgu) for a few sets of literals. 143 THE PREDICATE CALCULUS IN AI Table 4.2 Unifiable Sets Sets of Literals Most General Common Substitution Instances {P(x),P(A)} P(A) {P\f(x),y,g(y)lP\f<<x)^g<<x)\) n/UW(*)l {P[f(x,g(A,y)) yg(A,y)lP[f(x,z),z]} P\f(^i^y)\g(A,y)] Typically, we use unification to discover if one literal can match another one. There may be variables in both literals, and these variables may have terms substituted for them which would make the literals identical. The process of matching one expression to another template expression is sometimes called pattern matching. It plays a key role in AI systems. The unification process is more general than what is usually meant by pattern matching, however, because pattern matching pro­cesses typically do not allow variables to occur in both expressions. 4.1.7. VALIDITY AND SATISFIABILITY If a wff has the value T for all possible interpretations, it is called valid. (Valid ground wffs are usually called tautologies.) Thus, by the truth table, the wffP(^ ) => [P(A ) V P(B)] has the value T regardless of the interpretation; therefore, it is valid. The truth table method can always be used to determine the validity of any wff that does not contain variables. One merely checks whether the wff has the value T for all possible valuations of the atomic formulas contained in the wff. When quantifiers occur, one cannot always compute whether or not a wff is valid. It has been shown to be impossible to find a general method to decide the validity of quantified expressions, and, for this reason, the predicate calculus is said to be undecidable. However, the validity of certain kinds of formulas containing quantifiers can be decided; thus, one may speak of decidable subclasses of the predicate calculus. Furthermore, it has been shown that if a wff is, in fact, valid, then a procedure exists for 144 RESOLUTION verifying the validity of the wff. (This procedure applied to wffs that are not valid may never terminate.) Thus, the predicate calculus is said to be semidecidable. If the same interpretation makes each wff in a set of wffs have the value Γ, then we say that this interpretation satisfies the set of wffs. A wff X logically follows from a set of wffs S if every interpretation satisfying S also satisfies X. Thus, it is easy to see that the wff (Vx)(Vy)[P(jc) V Q(y)] logically follows from the set {(Vx)(Vy)[P(x) V ßOO], (Vz)[tf(z) V Q(A )]} . Also, the wff P(A )logically follows from (Vx)P(x). It also happens that (Vx ) Q ( x ) logically follows from the set {(Vx )[~ P ( x ) V Q ( JC )], (Vx)P(x)}. There is an important connection between the concept of a wff logically following from a set of wffs and the concept of a wff being a theorem derived from a set of wffs by applying inference rules. Suppose we are given a system of inference rules. We say that these rules are sound if any theorem derivable from any set of wffs also logically follows from that set of wffs. It can be shown, for example, that modus ponens is sound. We say that a system of inference rules is complete if all wffs that logically follow from any set are also theorems derivable from that set. We are always interested in sound inference rules, although sometimes we do not insist that the set of rules be complete. 4.2. RESOLUTION 4.2.1. CLAUSES Resolution is an important rule of inference that can be applied to a certain class of wffs called clauses. A clause is defined as a wff consisting of a disjunction of literals. The resolution process, when it is applicable, is applied to a pair of parent clauses to produce a derived clause. Before explaining the resolution process itself, we first show that any predicate calculus wff can be converted to a set of clauses. We illustrate this conversion process by applying it to the following example wff: 145 THE PREDICATE CALCULUS IN AI (VJC){P(X) => {(VyXPC) =>P(f(x,y))] A~(Vy)(ô(x, 7)^ PO')]}}. The conversion process consists of the following steps: (1) Eliminate implication symbols. All occurrences of the => symbol in a wffare eliminated by making the substitution ~X1 V X2 for XI => A7 throughout the wff. In our example wff, this substitution yields: (Vx){~p(x) v {(Vyx-poo v ^σ(^))ΐ A~(V 7)[~ô(^j)Vi>(7)]}}. (2) Reduce scopes of negation symbols. We want each negation symbol, ~, to apply to at most one atomic formula. By making repeated use of de Morgan's laws and other equivalences mentioned with them on pages 138-139, we change our example wff to: (Vx){~P(x) V {(VyX~P00 V P(f{x,y))] Α(3 7)[ρ(χ, 7)Λ^Ρ( 7)]}}. (3) Standardize variables. Within the scope of any quantifier, a variable bound by that quantifier is a dummy variable. It can be uniformly replaced by any other (non-occurring) variable throughout the scope of the quantifier without changing the truth value of the wff. Standardizing variables within a wff means to rename the dummy variables to ensure that each quantifier has its own unique dummy variable. Thus, instead of writing (Vx)[/>(*)=» (3χ)β(χ)], we write (Vx)[/>(*)=> (3y)Q(y)]. Standardizing our example wff yields: 0/x){~P(x) V {(V>0[~PO0 V P(f(x,y))] A(3w)[Q(x,w)A~P(w)]}}. (4) Eliminate existential quantifiers. Consider the wff (Vy)[(3x)P(x,y)\, which might be read as "For all y, there exists an x (possibly depending ony) such that P(x,y)" Note that because the existential quantifier is within the scope of a universal quantifier, we allow the possibility that the x that exists might depend on the value of y. Let this dependence be explicitly defined by some function g (y ), which maps each value of y into the x that "exists." Such a function is called a Skolem function. If we use 146 RESOLUTION the Skolem function in place of the JC that exists, we can eliminate the existential quantifier altogether and write Qfy)P[g(y\y\. The general rule for eliminating an existential quantifier from a wff is to replace each occurrence of its existentially quantified variable by a Skolem function whose arguments are those universally quantified variables that are bound by universal quantifiers whose scopes include the scope of the existential quantifier being eliminated. Function symbols used in Skolem functions must be new in the sense that they cannot be ones that already occur in the wff. Thus, we can eliminate the (3z ) from [(Vw)Ô(w)]^(Vx){(Vy){(3z)[i>(x,/,z) ^(Vu)R(x,y,u,z)]}}, to yield [(Vw)Q(w)]^0/x){0/y)[P(x,y 9g(x,y)) ^(Vu)R(x,y,u,g(x Ky))] . If the existential quantifier being eliminated is not within the scope of any universal quantifiers, we use a Skolem function of no arguments, which is just a constant. Thus, (3x)P(x) becomes P(A), where the constant symbol A is used to refer to the entity that we know exists. It is important that A be a new constant symbol and not one used in other formulas to refer to known entities. To eliminate all of the existentially quantified variables from a wff, we use the above procedure on each formula in turn. Eliminating the existential quantifiers (there is just one) in our example wff yields: (V*){-/>(*) V {(Vy)[~P(y) V P(f(x,y))] ^[Q(x,g(x))A~P(g(x))]}}, where g(x ) is a Skolem function. (5) Convert to prenex form. At this stage, there are no remaining existential quantifiers and each universal quantifier has its own variable. We may now move all of the universal quantifiers to the front of the wff and let the scope of each quantifier include the entirety of the wff following it. The resulting wff is said to be in prenex form. A wff in prenex 147 THE PREDICATE CALCULUS IN AI form consists of a string of quantifiers called a prefix followed by a quantifier-free formula called a matrix. The prenex form of our wff is: (Vx)(Vy) {-/>(*) V {[~/>00 V P(f(x 9y))] A[Q(x,g(x))A~P(g(x))]}}. (6) Put matrix in conjunctive normal form. Any matrix may be written as the conjunction of a finite set of disjunctions of literals. Such a matrix is said to be in conjunctive normal form. Examples of matrices in conjunc­ tive normal form are: [P(x) V Q(x,y)] A [P(w) V ~ R(y)] A Q(x,y) P(x)VQ(x,y) P(x)AQ(x,y) ~R(y) We may put any matrix into conjunctive normal form by repeatedly using one of the distributive rules, namely, by replacing expressions of the form XI V (X2 A X3) by (XI V X2) A (XI V X3). When the matrix of our example wff is put in conjunctive normal form, our wff becomes: (V*)(Vy){[~P(x) V ~P(y) V P(f(x,y))] A [-/>(*) V Q(x,g(x))] A [~P(x) V ~P(g(x)))} . (7) Eliminate universal quantifiers. Since all of the variables in the wffs we use must be bound, we are assured that all the variables remaining at this step are universally quantified. Furthermore, the order of universal quantification is unimportant, so we may eliminate the explicit occur­ rence of universal quantifiers and assume, by convention, that all variables in the matrix are universally quantified. We are left now with just a matrix in conjunctive normal form. (8) Eliminate Λ symbols. We may now eliminate the explicit occur­ rence of Λ symbols by replacing expressions of the form (XI A X2) with the set of wffs { X1 9X2 }. The result of repeated replacements is to obtain a finite set of wffs, each of which is a disjunction of literals. Any wff consisting solely of a disjunction of literals is called a clause. Our example wff is transformed into the following set of clauses: 148 RESOLUTION ~P(x)V ~P{y)V P\f{x,y)] ~P{x)V Q[x,g(x)] ~P{x)V ~P[g(x)] (9) Rename variables. Variable symbols may be renamed so that no variable symbol appears in more than one clause. Recall that (VxXi»(jc) Λ Q(x)] is equivalent to [(VJC)P(JC) Λ (Vy)ßOOl· This process is sometimes called standardizing the variables apart. Our clauses are now: ~P(xl)\/ ~P(y)V P[f(xl,y)) ~P(x2)V Q[x2,g(x2)] ~P(x3)V ~P[g(x3)} We note that the literals of a clause may contain variables but that these variables are always understood to be universally quantified. If terms not containing variables are substituted for the variables in an expression, we obtain what is called aground instance of the literal. Thus, Q(A,f(g(B))) is a ground instance of Q(x,y). When resolution is used as a rule of inference in a theorem-proving system, the set of wffs from which we wish to prove a theorem is first converted into clauses. It can be shown that if the wff A" logically follows from a set of wffs, 5, then it also logically follows from the set of clauses obtained by converting the wffs in S to clause form. Therefore, for our purposes, clauses are a completely general form in which to express wffs. 4.2.2. RESOLUTION FOR GROUND CLAUSES The best way to obtain a general idea of the resolution inference rule is to understand how it applies to ground clauses. Suppose we have two ground clauses, PI V P2 V ... V PN and ~P1 V Q2 V ... QM. We assume that all of the Pi and Qj are distinct. Note that one of these clauses contains a literal that is the exact negation of one of the literals in the other clause. From these two parent clauses we can infer a new clause, called the resolvent of the two. The resolvent is computed by taking the disjunction of the two clauses and then eliminating the complementary pair, P1,~P1. Some interesting special cases of resolution follow in Table 4.3. 149 THE PREDICATE CALCULUS IN AI Table 4.3 Clauses and Resolvents Parent Clauses ?and-?Ve (i.e.,P=>£) P V ßand~/> V Q P V ßand~P V ~Q ~P and P ~i>Ve(i.e,i>=>0) and~<2 V Ä(i.e., Q^>R) Resolvent(s) Q Q Q V -Qand PV-P JV7L -?VÄ (i.e., />=>/*) Comments Modus Ponens The clause eve "collapses" to Q. This re­ solvent is called a merge. Here, there are two possible resolvents; in this case, both are tautologies. The empty clause is a sign of a contradiction. Chaining From the table above, we see that resolution allows the incorporation of several operations into one simple inference rule. We next consider how this simple rule can be extended to deal with clauses containing variables. 4.23. GENERAL RESOLUTION In order to apply resolution to clauses containing variables, we need to be able to find a substitution that can be applied to the parent clauses so that they contain complementary literals. In discussing this case, it is 150 RESOLUTION helpful to represent a clause by a set of literals (with the disjunction between the literals in the set understood). Let the prospective parent clauses be given by {L {} and {M i} and let us assume that the variables occurring in these two clauses have been standardized apart. Suppose that {li} is a subset of {L %} and that {m^} is a subset of {Mi} such that a most general unifier s exists for the union of the sets {l x} and {-mj}. We say that the two clauses {L {} and {M {} resolve and that the new clause, {{L,} -{/,}}* U {{3/,} -{m,}}*, is a resolvent of the two clauses. If two clauses resolve, they may have more than one resolvent because there may be more than one way in which to choose {l x} and {rrii}. In any case, they can have at most a finite number of resolvents. As an example, consider the two clauses P[x,f{A)\y P[x,f{y)\\/ Q{y) and ~P[z,f(A)\V ~Q{z). With {/ 4} = {P[x,f(A)]} and {wj} = {~P[z,f(A)]), we obtain the resolvent /W001v~ß(z)Vßoo. With {l i}=[P{x,AA)],P[xJ{y)]}*nd{m i} = {~P[z 9f(A)]} 9 we obtain the resolvent Q(A)V~Q(z). Note that, in the latter case, two literals in the first clause were collapsed by the substitution into a single literal, complementary to an instance of one of the literals in the second clause. There are, altogether, four different resolvents of these two clauses. Three of these are obtained by resolving on P and one by resolving on Q. It is not difficult to show that resolution is a sound rule of inference; that is, that the resolvent of a pair of clauses also logically follows from 151 THE PREDICATE CALCULUS IN AI that pair of clauses. When resolution is used in a special kind of theorem-proving system, described in the next chapter and called a refutation system, it is also complete. Every wff that logically follows from a set of wffs can be derived from that set of wffs using resolution refutation. For this reason and because of its simplicity, resolution systems are an important class of theorem-proving systems. Their very simplicity results, though, in certain inefficiencies that restrict their use in AI systems. Nevertheless, an understanding of resolution systems pro­ vides a basic foundation for understanding several other more efficient types of theorem-proving systems. In the next two chapters, we examine a variety of these systems, beginning with ones using resolution. 4.3. THE USE OF THE PREDICATE CALCULUS IN AI The situations, or states, and the goals of several types of problems can be described by predicate calculus wffs. In Figure 4.1, for example, we show a situation in which there are three blocks, A, B, and C, on a table. We can represent this situation by the conjunction of the following formulas: ON(QA) ONTABLE(A) ONTA B LE (B) CLEAR(C) CLEAR(B) (Vx)[CLEAR(x) '{3y)ON(y 9x)] Fig. 4,1 A situation with three blocks on a table. 152 THE USE OF THE PREDICATE CALCULUS IN AI The formula CLEAR(B) is intended to mean that block B has a clear top; that is, no other block is on it. The ON predicate is used to describe which blocks are (directly) on other blocks. (For this example, ON is not transitive; it is intended to mean immediately on top.) The formula ONT ABLE {B) is intended to mean that B is somewhere on the table. The last formula in the list gives information about how CLEAR and ON are related. A conjunction of several such formulas can serve as a description of a particular situation or "world state." We call it a state description. Actually, any finite conjunction of formulas really describes a, family of different world states, each member of which might be regarded as an interpretation satisfying the formulas. Even assuming that we give the obvious "blocks-world" interpretation to constituents of the formulas, there is still an infinite family of states (perhaps involving additional blocks as well) whose members satisfy these formulas. We can always eliminate some of these interpretations by adding additional formulas to the state description; for example, the set listed above says nothing about the color of the blocks and, thus, describes the family of states in which the blocks can have various colors. If we added the formula COLOR(B 9 YELLOW), some interpretations would obviously be elim­ inated. Even though a finite conjunction of formulas describes a family of states, we often loosely speak of the state described by the state description. We really mean, of course, the set of such states. We intend to use formulas, like those of our blocks-world example, as a global database in a production system. The way in which these formulas are used depends upon the problem and its representation. Suppose the problem is to show that a certain property is true in a given state. For example, we might want to establish that there is nothing on block C in the state depicted in Figure 4.1. We can prove this fact by showing that the formula ~(3y)ON(y 9C) logically follows from the state description for Figure 4.1. Equivalently, we could show that ~(3y ) ON(y, C) is a theorem derived from the state description by the application of sound rules of inference. We can use production systems to attempt to show that a given formula, called the goal wff, is a theorem derivable from a set of formulas (the state description). We call production systems of this sort theorem- proving systems or deduction systems. (In the next two chapters, we present various commutative production systems for theorem proving.) 153 THE PREDICATE CALCULUS IN AI In a forward production system, the global database is set to the initial state description, and (sound) production rules are applied until a state description is produced that either includes the goal formula or unifies with it in some appropriate fashion. In a backward production system, the global database is set to the goal formula and production rules are applied until a subgoal is produced that unifies with formulas in the state description. Combined, forward/backward, systems are also possible. One obvious and direct use of theorem-proving systems is for proving theorems in mathematics and logic. A less obvious, but important, use of them is in intelligent information retrieval systems where deductions must be performed on a database of facts in order to derive an answer to a query. For example, from expressions like MANAGER(PURCHASING-DEPTJOHN-JONES), WORKS-IN(PURCHASING-DEPTJOE-SMITH), and {[ WORKS-IN(x,y) Λ MANAGER(x,z)] =Φ BOSS-OF(y,z)} , an intelligent retrieval system might be expected to answer a query like "Who is Joe Smith's boss?" Such a query might be stated as the following theorem to be proved: (3JC ) BOSS-OF(JOE-SMITH, x ). A constructive proof (that is, one that exhibited the "JC" that exists) would provide an answer to the query. Even many commonsense reasoning tasks that one would not ordin­ arily formalize can, in fact, be handled by predicate calculus theorem- proving systems. The general strategy is to represent specialized know­ ledge about the domain as predicate calculus expressions and to represent the problem or query as a theorem to be proved. The system then attempts to prove the theorem from the given expressions. Other kinds of problems involve changing the state description to one that describes an entirely different state. Suppose, for example, that we 154 THE USE OF THE PREDICATE CALCULUS IN AI have a "robot-type" problem in which the system must find a sequence of robot actions that change a configuration of blocks. We can specify the goal by a wff that describes the set of states acceptable as goal states. Referring to Figure 4.1, we might want to have block A on block 2?, and block 2?, in turn, on block C. Such a goal state (or rather set of states) could be expressed by the goal formula [ΟΝ(Α,Β) Λ ON(B 9C)]. Note that this goal formula certainly cannot be proved as a theorem from the state description for Figure 4.1. The robot must change the state to one that can be described by a set of formulas from which the goal wff can be proved. Problems of this sort can be solved by production systems also. For a forward system, the global database is the state description. Each possible robot action is modeled by a production rule (an F-rule in forward systems). For example, if the robot can pick up a block, our production system would have a corresponding F-rule. The action of picking up a block changes the state of the world; application of the F-rule that models the action of picking up a block should make a corresponding change to the state description. A sequence of actions for achieving a goal can be computed by a forward production system that applies these F-rules to state descriptions until a terminal state description is produced, from which the goal wff can be proved. The solution sequence of F-rules constitutes a specification of apian of actions for achieving the goal state. Backward production systems for state-changing problems are also possible. They would use B-rules that are "inverse" models of the robot's actions. The formula describing the goal state would be used as the global database. B-rules would be applied until a subgoal formula was produced that could be proved from the initial state description. Production systems that use F-rules and B-rules in this way, to model state-changing actions, are typically not commutative. An F-rule for picking up a block, for example, might have as a precondition that the block have a clear top. In Figure 4.1, this precondition is satisfied for block B, but it would not be true for block B after block C is placed on it. Thus, applying one F-rule to a certain state description might render other F-rules suddenly inapplicable. Production systems for solving state-changing problems are explored in detail in chapters 7 and 8. They find application especially in robot problem solving and in automatic programming. 155 THE PREDICATE CALCULUS IN AI 4.4. BIBLIOGRAPHICAL AND HISTORICAL REMARKS A book by Pospesel (1976) is a good elementary introduction to predicate calculus with many examples of English sentences represented as wffs. Two excellent textbooks on logic are those of Mendelson (1964) and Robbin (1969). Books by Chang and Lee (1973), Loveland (1978), and Robinson (1979) describe resolution methods. A unification algorithm and a proof of correctness is presented in Robinson (1965). Several variations have appeared since. Raulefs et al. (1978) survey unification and matching. Paterson and Wegman (1976) present a linear-time (and space) unification algorithm. The resolution rule was introduced by Robinson (1965) based on earlier work by Prawitz (1960) and others. The soundness and complete­ ness of resolution was originally proved by Robinson (1965); proofs of these properties due to Kowalski and Hayes (1969) are presented in Nilsson (1971). The steps that we have outlined for converting any wff into clause form are based on the procedure of Davis and Putnam (1960). Clause form is also called quantifier-free, conjunctive-normal form. Manna and Waldinger (1979) have proposed a generalization of resolu­ tion that is applicable to wffs in nonclausal form. Maslov (1971 and other earlier papers in Russian) proposed a dual form of resolution, working with "goal clauses" that are disjunctions of conjunctions of literals. [See also Kuehner (1971).] EXERCISES 4.1 Suppose that we represent "Sam is Bill's father" by FA- THER(BILL,SAM) and "Harry is one of Bill's ancestors" by ANCES­ TOR ( BILL, HARR Y). Write a wff to represent "Every ancestor of Bill is either his father, his mother, or one of their ancestors." 4.2 The connective ® (exclusive or) is defined by the following truth table: 156 EXERCISES XI τ F T F X2 T T F F XI Θ Χ2 F T T F What wff containing only ~, V, and Λ connectives is equivalent to (XI ®X2)1 43 Represent the following sentences by predicate calculus wffs. (Lean toward extravagance rather than economy in the number of different predicates and terms used. Do not, for example, use a single predicate letter to represent each sentence.) (a) A computer system is intelligent if it can perform a task which, if performed by a human, requires intelligence. (b) A formula whose main connective is a =Φ is equivalent to some formula whose main connective is a V. (c) If the input to the unification algorithm is a set of unifiable expressions, the output is the mgu; if the input is a set of non-unifiable expressions, the output is FAIL. (d) If a program cannot be told a fact, then it cannot learn that fact. (e) If a production system is commutative, then, for any database, £>, each member of the set of rules applicable to D is also applicable to any database produced by applying an applicable rule to D. 4.4 Show that modus ponens in the propositional calculus is sound. 157 THE PREDICATE CALCULUS IN AI 4.5 Show that (3Z)(VJC)[/>(*)=> ß(z)]and (3z)[(3x)P(x)^> Q(z)] are equivalent. 4.6 Convert the following wffs to clause form: (a) (Vx)[P(x)^P(x)] (b) {~{(Vx)P(x)})=>(3x)[~P(x)] (c) ~Cx){P{x)=>{C*yyiP(y)=*P(f{x,y))] (d) (Vx)(3y) {[P(x,y)^Q(y,x)]A[Q(y,x)^S(x,y)]} ^(3x)(Vy)[P(x,y)^S(x,y)] 4.7 Show by an example that the composition of substitutions is not commutative. 4.8 Show that resolution is sound; that is, show that the resolvent of two clauses logically follows from the two clauses. 4.9 Find the mgu of the set {Ρ(χ,ζ,γ), P(w,u,w), P(A,u,u)}. 4.10 Explain why the following sets of literals do not unify: (a) {P(f(x,x),A),P(f(y,f(y,A)),A)} (b) {~P(A),P(x)} (c) {P(f(A),x),P(x,A)} 4.11 The following wffs were given a "blocks-world" interpretation in this chapter: ON(C,A) ONTABLE(A) ONTABLE(B) CLEAR(C) CLEAR(B) (\/x)[CLEAR(x)^> ~(3y)ON(y,x)] Invent two different (non-blocks-world) interpretations that satisfy the conjunction of these wffs. 158 EXERCISES 4.12 In our examples representing English sentences by wffs, we have not been concerned about tense. Can you express the following sentences as wffs: Shakespeare writes "Hamlet." Shakespeare wrote "Hamlet." Shakespeare will write "Hamlet." Shakespeare will have written "Hamlet." Shakespeare had written "Hamlet." 159 CHAPTER 5 RESOLUTION REFUTATION SYSTEMS In this chapter and chapter 6, we are primarily concerned with systems that prove theorems in the predicate calculus. Our interest in theorem proving is not limited to applications in mathematics; we also investigate applications in information retrieval, commonsense reasoning, and automatic programming. Two main types of theorem-proving systems will be discussed: here, systems based on resolution, and in chapter 6, systems that use various forms of implications as production rules. In the prototypical theorem-proving problem, we have a set, 5, of wffs from which we wish to prove some goal wff, W. Resolution-based systems are designed to produce proofs by contradiction or refutations. In a resolution refutation, we first negate the goal wff and then add the negation to the set, S. This expanded set is then converted to a set of clauses, and we use resolution in an attempt to derive a contradiction, represented by the empty clause, NIL. A simple argument can be given to justify the process of proof by refutation. Suppose a wff, W, logically follows from a set, S, of wffs; then, by definition, every interpretation satisfying S also satisfies W. None of the interpretations satisifying S can satisfy ~W, and, therefore, no interpretation can satisfy the union of S and (~ W). A set of wffs that cannot be satisfied by any interpretation is called unsatisfiable; thus, if W logically follows from S, the set S U {~ W) is unsatisfiable. It can be shown that if resolution is applied repeatedly to a set of unsatisfiable clauses, eventually the empty clause, NIL, will be produced. Thus, if W logically follows from S, then resolution will eventually produce the empty clause from the clause representation of S U {~ W). Conversely, it can be shown that if the empty clause is produced from the clause representation of S U {~W}, then W logically follows from S. 161 RESOLUTION REFUTATION SYSTEMS Let us consider a simple example of this process. Suppose the following statements are asserted: (1) Whoever can read is literate. (Vx)[R(x)^L(x)] (2) Dolphins are not literate. (V*XD(x)=>~L(x)] (3) Some dolphins are intelligent. (3x)[D(x)AI(x)] From these, we want to prove the statement: (4) Some who are intelligent cannot read. (3x)[I(x)A ~R(x)] The set of clauses corresponding to statements 1 through 3 is: (1) ~R(x) VL(JC) (2) ~D(y)V ~L(y) (3a) D(A) (3b) 1(A) where the variables have been standardized apart and where A is a Skolem constant. The negation of the theorem to be proved, converted to clause form, is (4') ~I(z)VR(z) . To prove our theorem by resolution refutation involves generating resolvents from the set of clauses 1-3 and 4', adding these resolvents to the set, and continuing until the empty clause is produced. One possible proof (there are more than one) produces the following sequence of resolvents: (5) R (A ) resolvent of 3b and 4' (6) L (A ) resolvent of 5 and 1 162 PRODUCTION SYSTEMS FOR RESOLUTION REFUTATIONS (7) ~D(A) resolvent of 6 and 2 (8) NIL resolvent of 7 and 3a 5.1. PRODUCTION SYSTEMS FOR RESOLUTION REFUTATIONS We can think of a system for producing resolution refutations as a production system. The global database is a set of clauses, and the rule schema is resolution. Instances of this schema are applied to pairs of clauses in the database to produce a derived clause. The new database is then the old set of clauses augmented by the derived clause. The termination condition for this production system is a test to see if the database contains the empty clause. It is straightforward to show that such a production system is commutative. Because it is commutative, we can use an irrevocable control regime. That is, after performing a resolution, we never need to provide for backtracking or for consideration of alternative resolutions instead. We must emphasize that using an irrevocable control regime does not necessarily mean that every resolution performed is "on the path" to producing the empty clause; usually there will be several irrelevant resolutions applied. But, because the system is commutative, we are never prevented from applying an appropriate resolution later, even after having applied some irrelevant ones. Suppose we start with a set, S, of clauses called the base set. The basic algorithm for a resolution refutation production system can then be written as follows: Procedure RESOLUTION 1 CLAUSES+-S 2 until NIL is a member of CLA USES, do: 3 begin 163 RESOLUTION REFUTATION SYSTEMS 4 select two distinct, resolvable clauses Ci and Cj in CLA USES 5 compute a resolvent, r i; of c{ and Cj 6 CLA USES «— The set produced by adding r {j to CLAUSES 7 end 5.2. CONTROL STRATEGIES FOR RESOLUTION METHODS The decisions about which two clauses in CLAUSES to resolve (statement 4) and which resolution of these clauses to perform (statement 5) are made irrevocably by the control strategy. Several strategies for selecting clauses have been developed for resolution; we give some examples shortly. In order to keep track of which resolutions have been selected and to avoid duplicated effort, it is helpful for the control strategy to use a structure called a derivation graph. The nodes in such a graph are labeled by clauses; initially, there is a node for every clause in the base set. When two clauses, q and c j9 produce a resolvent, r i;, we create a new node, labeled rij9 with edges linking it to both the c { and c s nodes. Here we deviate from the usual tree terminology and say that c { and c, are the parents of r 0 and that r {j is a descendant of c { and c,. (Recall that we introduced the concept of a derivation graph in chapter 3.) A resolution refutation can be represented as a refutation tree (within the derivation graph) having a root node labeled by NIL. In Figure 5.1 we show a refutation tree for the example discussed in the last section. The control strategy searches for a refutation by growing a derivation graph until a tree is produced with a root node labeled by the empty 164 CONTROL STRATEGIES FOR RESOLUTION METHODS clause, NIL. A control strategy for a refutation system is said to be complete if its use results in a procedure that will find a contradiction (eventually) whenever one exists. (The completeness of a, strategy should not be confused with the logical completeness of an inference rule discussed in chapter 4.) In AI applications, complete strategies are not so important as ones that find refutations efficiently. 5.2.1. THE BREADTH-FIRST STRATEGY In the breadth-first strategy, all of the first-level resolvents are computed first, then the second-level resolvents, and so on. {A first-level resolvent is one between two clauses in the base set; an i-th level resolvent is one whose deepest parent is an (/ — l)-th level resolvent.) The breadth-first strategy is complete, but it is grossly inefficient. In Figure 5.2 we show the refutation graph produced by a breadth-first strategy for the example problem of the last section. All of the first- and second-level resolvents are shown, and we indicate that NIL is among the third-level resolvents. (Note that our refutation shown in Figure 5.1 did not produce the empty clause until the fourth level.) ~/(z) V R(z) KA) R(A) ~R{x)V L(x) L(A) ~D(y) V ~L(y) -D(A) D(A) NIL Fig. 5.1 A resolution refutation tree. 165 ON ~R{x)V L(x) -D(y)V -L(y) Third-Level Resolvents Pi W in G H δ z w H 1 C/3 C/2 H W C/5 Fig. 5.2 Illustration of a breadth-first strategy. CONTROL STRATEGIES FOR RESOLUTION METHODS 5.2.2. THE SET-OF-SUPPORT STRATEGY A set-of-support refutation is one in which at least one parent of each resolvent is selected from among the clauses resulting from the negation of the goal wff or from their descendants (the set of support). It can be shown that a set-of-support refutation exists whenever any refutation exists and, therefore, that the set of support can be made the basis of a complete strategy. The strategy need only guarantee to search for all possible set-of-support refutations (in breadth-first manner, say). Set-of- support strategies are usually more efficient than unconstrained breadth-first ones. In a set-of-support refutation, each resolution has the flavor of a backward reasoning step because it uses a clause originating from the goal wff, or one of its descendants. Each of the resolvents in a set-of-support refutation might then correspond to a subgoal in a backward production system. One advantage of a refutation system is that it permits what are essentially backward and forward reasoning steps to occur in a simple fashion in the same production system. (Forward reasoning steps correspond to resolutions between clauses that do not descend from the theorem to be proved.) In Figure 5.3 we show a refutation graph produced by the set-of-sup­ port strategy for our example problem. Notice that, in this case, set of support does not permit finding the empty clause at the third level. A third-level refutation for this problem necessarily involves resolving two clauses outside the set of support. Comparing Figure 5.2 with Figure 5.3, we see that set of support produces fewer clauses at each level than does unconstrained breadth-first resolution. Typically, the set-of-support strategy results in slower growth of the clause set and thus helps to moderate the usual combinatorial explosion. Usually this containment of clause-set growth more than compensates for the fact that a restrictive strategy, like set of support, often increases the depth at which the empty clause is first produced. The refutation tree in Figure 5.1 is one that could have been produced by a set-of-support strategy. We show the top part of this tree by darkening some of the branches in Figure 5.3. 5.23. THE UNIT-PREFERENCE STRATEGY The unit-preference strategy is a modification of the set-of-support strategy in which, instead of filling out each level in breadth-first fashion, 167 oo Original Clauses S -/(z)VÄ(z) HA) ~R(x)V L(x) -D(y)\f ~L(y) D(A) Third-Level Resolvents -D(A) -KA) ~D(A) -D(A) w a H 1 w i H W F/g. 5.5 Illustration of a set-of-support strategy. CONTROL STRATEGIES FOR RESOLUTION METHODS we try to select a single-literal clause (called a unit ) to be a parent in a resolution. Every time units are used in resolution, the resolvents have fewer literals than do their other parents. This process helps to focus the search toward producing the empty clause and, thus, typically increases efficiency. The refutation tree of Figure 5.1 is one that might have been produced by a unit-preference strategy. 5.2.4. THE LINEAR-INPUT FORM STRATEGY A linear-input form refutation is one in which each resolvent has at least one parent belonging to the base set. In Figure 5.4 we show how a refutation graph would be generated using this strategy on our example problem. Note that the first level of Figure 5.4 is the same as the first level of Figure 5.2. At subsequent levels, the linear-input form strategy does reduce the number of clauses produced. Again, the use of this strategy on our example problem does not permit us to find a third-level empty clause. Note that the refutation tree of Figure 5.1 qualifies as a linear-input form refutation. We indicate part of this tree by darkening some of the branches in Figure 5.4. There are cases in which a refutation exists but a linear-input form refutation does not; therefore, linear-input form strategies are not complete. To see that linear-input form refutations do not always exist for unsatisfiable sets, consider the following example set of clauses: Q(u)V P(A) ~ß(w) V P(w) ~Q{x) V ~P(x) Q(y)V ~P(y) The set is clearly unsatisfiable, as evidenced by the refutation tree of Figure 5.5. A linear-input form refutation must (in particular) have one of the parents of NIL be a member of the base set. But to produce the empty clause in this case, one must either resolve two single-literal clauses or two clauses that collapse in resolution to single-literal clauses. None of the members of the base set meets either of these criteria, so there cannot be a linear-input form refutation for this set. Notwithstanding their lack of completeness, linear-input form strate­ gies are often used because of their simplicity and efficiency. 169 ο Original Clauses, S First-Level Resolvents Second-Level Resolvents Third-Level Resolvents 1(A) R(A) L(A) \ ~/(z)V R(z) ~R(x) V L(x) \ -V ~/(z)VL(z) L(A) • • • ~D(y) V -L(y) ~R(y) V ~D(y) —i -KA) D(A) ~/(z) V ~D(z) • · · 1 ~I(y) V -£>(>>) -1(A) ~R(A) • · · w H w _ s 1 C/i C/5 H W c/3 .F/g. 5.4 Illustration of a linear-input form strategy. CONTROL STRATEGIES FOR RESOLUTION METHODS 5.2.5. THE ANCESTRY-FILTERED FORM STRATEGY An ancestry-filtered form refutation is one in which each resolvent has a parent that is either in the base set or that is an ancestor of the other parent. Thus, ancestry-filtered form is very much like linear form. It can be shown that a control strategy guaranteed to produce all ancestry-fil­tered form proofs is complete. As an example, the refutation tree of Figure 5.5 is one that could have been produced by an ancestry-filtered form strategy. The clause marked with an asterisk is used as an "ancestor" in this case. It can also be shown that completeness of the strategy is preserved if the ancestors that are used are limited to merges. (Recall from chapter 4 that a merge is a resolvent that inherits a literal from each parent such that this literal is collapsed to a singleton by the mgu.) We note in Figure 5.5 that the clause marked by an asterisk is a merge. ■Q(*)V -P(x) (200 V^O) Q(u)VP(A) NIL Fig. 5.5 A refutation tree. 171 RESOLUTION REFUTATION SYSTEMS 5.2.6. COMBINATIONS OF STRATEGIES It is also possible to combine control strategies. A combination of set of support with either linear-input form or ancestry-filtered form is com­ mon. Let us consider the set-of-support/linear-input form strategy, as an example. This strategy can be viewed as a simple type of reasoning backward from a goal to subgoal to sub-subgoal and so on. It happens that the first three levels in Figure 5.3 contain only clauses that are permitted by this combination strategy, so that the combination for those levels does not further restrict the set-of-support strategy used in that figure. Occasionally, however, the combination strategy leads to a slower growth of the clause set than would either strategy alone. The set-of-support, linear-input form, and ancestry-filtered form strategies restrict resolutions. Of all the resolutions that these strategies allow, the strategies say nothing about the order in which these resolutions are performed. We have already mentioned that an inappro­ priate order does not prevent us from finding a refutation. This fact does not mean, however, that resolution order has no effect on the efficiency of the process. On the contrary, an appropriate order of performing resolutions can prevent the generation of large numbers of unneeded clauses. The unit-preference strategy is one example of an ordering strategy. Other ordering strategies based on the number of literals in a clause and the complexity of the terms in a clause can also be devised. The order in which resolutions are performed is crucial to the efficiency of resolution systems. Since we do not concentrate on applications of resolution refutation systems in this book, the interested reader is referred to the citations at the end of this chapter for references to papers and books dealing with ordering strategies for resolution systems. 5.3. SIMPLIFICATION STRATEGIES Sometimes a set of clauses can be simplified by elimination of certain clauses or by elimination of certain literals in the clauses. These simplifications are such that the simplified set of clauses is unsatisfiable if and only if the original set is unsatisfiable. Thus, employing these simplification strategies helps to reduce the rate of growth of new clauses. 172 SIMPLIFICATION STRATEGIES 53.1. ELIMINATION OF TAUTOLOGIES Any clause containing a literal and its negation (we call such a clause a tautology) may be eliminated, since any unsatisfiable set containing a tautology is still unsatisfiable after removing it, and conversely. Thus, clauses like P(x) V B(y) V ~B(y) and P(f(A )) V ~P(f(A )) may be eliminated. 53.2. PROCEDURAL ATTACHMENT Sometimes it is possible and more convenient to evaluate the truth values of literals than it would be to include these literals, or their negations, in the base set. Typically, evaluations are performed for ground instances. For example, if the predicate symbol "£" stands for the equality relation between numbers, it is a simple matter to evaluate ground instances such as E(1,3) when they occur; whereas we would probably not want to include in the base set a table containing a large number of ground instances of E(x,y) and ~E(x,y). It is instructive to look more closely at what is meant by "evaluating" an expression like £(7,3). Predicate calculus expressions are linguistic constructs that denote truth values, elements, functions, or relations in a domain. Such expressions can be interpreted with reference to a model which associates linguistic entities with appropriate domain entities. The end result is that the values T or F become associated with sentences in the language. Given a model, we could use any finite processes for interpretation with respect to it as a way of deciding truth values of sentences. Unfortunately, models and interpretation processes are not, in general, finite. Often, we can use partial models, however. In our equality example, we can associate with the predicate symbol, £, a computer program that tests the equality of two numbers within the finite domain of the program. Let us call this program EQUALS. We say that the program EQUALS is attached to the predicate symbol E. We can associate the linguistic symbols 7 and 3 (i.e., numerals ) with the computer data items 7 and 3 (i.e., numbers), respectively. We say that 7 is attached to 7, and that 3 is attached to 3, and that the computer program and arguments represented by EQUALS(7,3) are attached to the linguistic expression £(7,3). Now we can run the program to obtain the value F (false) which in turn induces the value F for £(7,3). 173 RESOLUTION REFUTATION SYSTEMS We can also attach procedures to function symbols. For example, an addition program can be attached to the function symbol plus. In this manner, we can establish a connection or procedural attachment between executable computer code and some of the linguistic expressions in our predicate calculus language. Evaluation of attached procedures can be thought of as a process of interpretation with respect to di partial model. When it can be used, procedural attachment reduces the search effort that would otherwise be required to prove theorems. A literal is evaluated when it is interpreted by running attached procedures. Typically, not all of the literals in a set of clauses can be evaluated, but the clause set can nevertheless be simplified by such evaluations. If a literal in a clause evaluates to Γ, the entire clause can be eliminated without affecting the unsatisfiability of the rest of the set. If a literal evaluates to F, then the occurrence of just that literal in the clause can be eliminated. Thus the clause P(x) V Q(A)V E(7,3) can be replaced by P(x)V Q(A), since E(7,3) evaluates to F. 5.33. ELIMINATION BY SUBSUMPTION By definition, a clause { L{} subsumes a clause { M{} if there exists a substitution s such that { L{} s is a subset of { M{}. As examples: P(x) subsumes P(y) V Q(z) P(x) subsumes P(A ) P(x) subsumes P(A) V Q(z) P(x) V Q(A) subsumes P(f(A)) V Q(A) V R(y) A clause in an unsatisfiable set that is subsumed by another clause in the set can be eliminated without affecting the unsatisfiability of the rest of the set. Eliminating clauses subsumed by others frequently leads to substantial reductions in the number of resolutions that need to be made in finding a refutation. 174 EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS 5,4. EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS Many applications of predicate calculus theorem-proving systems involve proving formulas containing existentially quantified variables, and finding values or instances for these variables. That is, we might want to know if a wff such as (3x ) W( x ), logically follows from S, and if it does, we want an instance of the "JC" that exists. The problem of finding a proof for (Bx) W{X) from S is an ordinary predicate calculus theorem- proving problem, but producing the satisfying instance for x requires that the proof method be "constructive." We note that the prospect of producing satisfying instances for existentially quantified variables allows the possibility for posing quite general questions. For example, we could ask "Does there exist a solution sequence to a certain 8-puzzle?" If a constructive proof can be found that a solution does exist, then we could produce the desired solution also. We could also ask whether there exist programs that perform desired computations. From a constructive proof of a program's existence, we could produce the desired program. (We must remember, though, that complex questions will generally have complex proofs, possibly so complex that our automatic proof-finding procedures will not find them.) In this section we describe a process by which a satisfying instance of an existentially quantified variable in a wff can be extracted from a resolution refutation for that wff. 5.4.1. AN EXAMPLE Consider the following trivially simple problem: "If Fido goes wherever John goes and if John is at school, where is Fido?" Quite clearly the problem specifies two facts and then asks a question whose answer presumably can be deduced from these facts. The facts might be translated into the set S of wffs (Vx )[A T{JOHN,x ) => A T(FID0 9x )] and AT {JOHN, SCHOOL). 175 RESOLUTION REFUTATION SYSTEMS The question "where is Fido?" can be answered if we first prove that thewff (3x)AT(FIDO,x) logically follows from S and then find an instance of the x "that exists." The key idea is to convert the question into a goal wfT containing an existential quantifier such that the existentially quantified variable represents an answer to the question. If the question can be answered from the facts given, the goal wff created in this manner will logically follow from S. After obtaining a proof, we then try to extract an instance of the existentially quantified variable to serve as an answer. In our example we can easily prove that (3x)AT(FIDO,x) follows from S. We can also show that a relatively simple process extracts the appropriate answer. The resolution refutation is obtained in the usual manner, by first negating the wff to be proved, adding this negation to the set S, converting all of the members of this enlarged set to clause form, and then, by resolution, showing that this set of clauses is unsatisfiable. A refutation tree for our example is shown in Figure 5.6. The clauses resulting from the wifs in S are called axioms. Note that the negation of the goal wff (3x )A T( FIDO, x ) produces (Vx)[~AT(FIDO,x)], whose clause form is simply ~AT(FIDO,x). Next we must extract an answer to the question "Where is Fido?" from this refutation tree. The process for doing so in this case is as follows: (1) Append to each clause arising from the negation of the goal wff its own negation. Thus ~AT(FIDO,x) becomes the tautology -AT (FIDO, x) V AT (FIDO, x). (2) Following the structure of the refutation tree, perform the same resolutions as before until some clause is obtained at the root. (We make the phrase the same resolutions more precise later.) (3) Use the clause at the root as an answer statement. 176 EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS ~AT(FIDO,x) (Negation of Goal) -A T{JOHN,y ) V A T(FIDO,y ) (Axiom 1) -AT(JOHN,x) AT(JOHN,SCHOOL) (Axiom 2) NIL Fig. 5.6 Refutation tree for example problem. ~AT(FIDO,x) V AT(FIDO,x) -A T(JOHN,y) V A T(FIDO,y) -AT(JOHN,x) V AT(FIDO,x) AT(JOHN, SCHOOL) AT {FIDO, SCHOOL) Fig. 5.7 The modified proof tree for example problem. 177 RESOLUTION REFUTATION SYSTEMS In our example, these steps produce the proof tree shown in Figure 5.7 with the clause AT {FIDO, SCHOOL) at the root. This clause, then, is the appropriate answer to the problem. We note that the answer statement has a form similar to that of the goal wff. In this case, the only difference is that we have a constant (the answer) in the answer statement in the place of the existentially quantified variable in the goal wff. In the next sections, we deal more thoroughly with the answer extraction process, justify its validity, and discuss how it should be employed if the goal wff contains universal as well as existential quantifiers. 5.4.2. THE ANSWER EXTRACTION PROCESS Answer extraction involves converting a refutation tree (with NIL at the root) to a proof tree with some statement at the root that can be used as an answer. Since the conversion involves converting every clause arising from the negation of the goal wff into a tautology, the converted proof tree is a resolution proof that the statement at the root logically follows from the axioms plus tautologies. Hence it also follows from the axioms alone. Thus, the converted proof tree itself justifies the extraction process! Although the method is simple, there are some fine points that can be clarified by considering some additional examples. EXAMPLE 1. Consider the following set of wffs: 1. (yx)0/y){[P(x,y)AP(y,z)]^G(x,z)} and 2. (Vy)(3x)P(x,y). We might interpret these as follows: For all x and y, if x is the parent of y and y is the parent of z, then x is the grandparent of z. 178 EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS and Everyone has a parent. Given these wffs as hypotheses, suppose we asked the question "Do there exist individuals x and y such that x is the grandparent of yl" The goal wff corresponding to this question is: (3x)(3y)G(x,y). The goal wff is easily proved by a resolution refutation. The refutation tree is shown in Figure 5.8. The literals that are unified in each resolution are underlined. We call the subset of literals in a clause that is unified during a resolution the unification set. (Negation of Goal) ~P(x,y) V ~P(y,z) V G(x,z) (Axiom 1) ~P(u,y) V ~P(y,v) P(f(w),w) (Axiom 2) -P(u,f(v)) P(f(w),w) (Axiom 2) NIL Fig. 5.8 A refutation tree for Example 1. 179 RESOLUTION REFUTATION SYSTEMS Note that the clause P(f(w),w) contains a Skolem function, /, introduced to eliminate the existential quantifier in Axiom 2. (The function/can be interpreted as a function that is defined to name the parent of any individual.) The modified proof tree is shown in i igure 5.9. The negation of the goal wff is transformed into a tautology, and the resolutions follow those performed in the tree of Figure 5.8. Each resolution in the modified tree uses unification sets that correspond precisely to the unification sets of the refutation tree. Again, the unification sets are underlined. The proof tree of Figure 5.9 has G(f(f(v)), v) at the root. This clause represents the wff (Vv )[ G (/*(/( v )), v )], which is the answer statement. The answer statement provides an answer to the question "Are there x and y such that x is the grandparent of yV The answer in this case involves the definitional function/. Any v and the parent of the parent of v are examples of individuals satisfying the conditions of the question. Again, the answer statement has a form similar to that of the goal wff. EXAMPLE 2. Here we illustrate the way in which more complex clauses arising from the negation of the goal wff are transformed into tautologies. -G(u,v) V G(u,v) P(x,y)V ~P(y,z)V G(x,z) ~P(u,y)V ~P(y,v)V G{u,v) P(f(w),w) P(f(w),w) G(f(f(v)),v) 180 Fig. 5.9 The modified proof tree for Example 1. EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS Consider the following set of clauses or axioms: ~A(x) V F(x)VG(f(x)) ~F(x) V B(x) -/■(*) V C(x) ~G(x)V B(x) ~G(x) VD(x) ii(S(*))VF(A(*)) (In this example, we assume that the variables in these clauses are standardized apart before performing resolutions. For simplicity, we do not indicate this process explicitly.) We desire to prove, from these axioms, the goal wff (3χ)(3γ){[Β(χ) A C(x)] V [D(y) A B(y))} . The negation of this wff produces two clauses, each with two literals: ~B(x) V ~C(x) ~B(x) V ~D(x) . A refutation tree for this combined set of clauses is shown in Figure 5.10. Now, to transform this tree we must convert the clauses resulting from the negation of the goal wff (shown in double boxes in Figure 5.10) into tautologies, by appending their own negations. In this case, the negated clauses involve Λ symbols. For example, the clause ~B(x)V ~C(x) is converted to the formula— B (JC) V ~ C(x) V [B(x)A C(x)].This formula is not a clause because of the occurrence of the conjunction [B(x) A C(x)]; nevertheless, we treat this conjunction as a single literal and proceed formally as if the formula were a clause (none of the elements of this conjunction are ever in any unification sets). Similarly, we transform the clause — Z)(JC)V~B(x) into the tautology ~D(x) V ~B(x) V [D(x) A B(x)]. Performing the resolutions dictated by corresponding unification sets, we then produce the proof graph shown in Figure 5.11. Here the root clause is the wff Q/x){\B(g(x)) A C(g(x))] V [D(f(g(x))) A B(f(g(x)))] V[B(h(x))AC(h(x))]} . 181 RESOLUTION REFUTATION SYSTEMS -B(x) V ~C(x) ~D(x) V ~B(x) ~F(x)V B(x) ~F(x)V ~C(x) -G(x)V D(x) ~B(x)V~G(x) ~F(x)V C(x) ~F{x) ~G(x)V B(x) ~G(x) i(g(x))VFMx)) Fig. 5.10 A re filiation tree for Example 2. We note that, in this example, the answer statement has a form somewhat different from the form of the goal wff. The underlined part of the answer statement is obviously similar to the entire goal wff—with g(x) taking the place of the existentially quantified variable x in the goal wff, and f(g(x)) taking the place of the existentially quantified variable y in the goal wff—but, in this example, there is the extra disjunct [ B (h (x )) Λ C(h (x ))] in the answer statement. This disjunct, however, is similar to one of the disjuncts of the goal wff, with h(x) taking the place of the existentially quantified variable x of the goal wff. 182 EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS ~F(x) V (B(x) A C(x)) ~D(x) V ~B(x) V (D(x) A B(x)) ~G(x)\/D(x) ~B{x) V ~G(x) V (D(x) A B(x)) ~G(x) V B{x) 1 ~G(x)V(D(x)AB(x)) ~A(x)VF(x)VG(f(x)) -A(x) V G(f(x)) V (£(*) Λ C(x)) ~A(x) V (*(*) Λ C(x)) V OW*)) V B(f(x))) A(g(x)) V F(h(x)) F(h(x)) V (£&(*)) Λ C(g(x)))V (D(f(g(x))) AB(f(g(x)))) [B(h(x)) A C(h(x))} V [D(f(g(x))) A B(f(g(x)))} V [B(g(x)) A C(g(x))] Fig. 5.11 The modified proof tree for Example 2. In general, if the goal wff itself is in disjunctive normal form, then our answer-extraction process will produce a statement that is a disjunction of expressions, each of which is similar in form either to the entire goal wff or to one or more disjuncts of the entire goal wff. For this reason we claim that the root clause here can be used as an "answer" to the "question" represented by the goal wff. 183 RESOLUTION REFUTATION SYSTEMS 5.43. GOAL WFFS CONTAINING UNIVERSALLY QUANTIFIED VARIABLES A problem arises when the goal wff contains universally quantified variables. These universally quantified variables become existentially quantified in the negation of the goal wff, causing Skolem functions to be introduced. What is to be the interpretation of these Skolem functions if they should eventually appear as terms in the answer statement? We illustrate this problem with another example. Let the clause form of the axioms be: C(x,p (x )), meaning "For all x, x is the child ofp(x )" (that is, p is a function mapping a child of an individual into the individual); and ~ C(x,y) V P(y,x% meaning "For all x andy, if x is the child of y, then y is the parent of x" Now suppose we wish to ask the question "For any x, who is the parent of jc?" The goal wff corresponding to this question is: (Vx)(3y)P(y,x). Converting the negation of this goal wff to clause form, we obtain, first: (3x)(Vy)[~P(y,x)l and then: ~P(y,A), where A is a Skolem function of no arguments (i.e., a constant) introduced to eliminate the existential quantifier occurring in the negation of the goal wff. (The negation of the goal wff alleges that there is some individual, whom we call "Λ," that has no parent.) A modified proof tree with answer statement at the root is shown in Figure 5.12. Here we obtain the somewhat obtuse answer statement P(p(A ),A ), containing the Skolem function A. The interpretation should be that, 184 EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS regardless of the Skolem function Λ (hypothesized to spoil the validity of the goal wfi), we are able to prove P(p (A ),A ). That is, any individual Λ, thought to spoil the goal wff, actually satisfies the goal wff. The constant A could have been a variable without invalidating the proof shown in Figure 5.12. It can be shown [Luckham and Nilsson (1971)] that in the answer-extracting process it is correct to replace any Skolem functions in the clauses coming from the negation of the goal wff by new variables. These new variables will never be substituted out of the modified proof but will merely trickle down to occur in the final answer statement. Resolutions in the modified proof will still be limited to those defined by those unification sets corresponding to the unification sets occurring in the original refutation. Variables might be renamed during some resolutions so that, possibly, a variable used in place of a Skolem function may get renamed and thus might be the "ancestor" of several new variables in the final answer statement. We illustrate some of the things that might happen in the latter case by two simple examples. EXAMPLE 3. Suppose S consists of the single axiom (in clause form): P(B,w,w) V P(A,u,u), and suppose we wish to prove the goal wff: (3χ)(\/ζ)(3γ)Ρ(χ,ζ,γ). ~C(x,y)V P(y,x) ~P(y,A)VP(y,A) C(x,pM) Fig. 5.12 A modified proof tree for an answer statement. 185 RESOLUTION REFUTATION SYSTEMS A refutation tree is shown in Figure 5.13. Here, the clause resulting from the negation of the goal wff contains the Skolem function g ( x ). In Figure 5.13 we also show the modified proof tree in which the variable t is used in place of the Skolem function g(x). Here we obtain a proof of the answer statement P(A 9t9t) V P(B,z,z) that is identical (except for variable names) to the single axiom. This example illustrates how variables introduced by renaming variables in one clause during a resolution can finally appear in the answer statement. ~P(x,g(x),y) P(B,w,w)V P(A,u,u) P(B,w,w) ~P(x,g(x).y) NIL ~P(x,t,y)V P(x,t,y) P(B,w,w) V P(A,u,u) P(B,w,w)\/ P{A,t,t) ~P(x,t,y)V P(x,t,y) P(A,t,t)V P(B,z,z) 186 Fig. 5.13 Trees for Example 3. EXTRACTING ANSWERS FROM RESOLUTION REFUTATIONS EXAMPLE 4. As another example, suppose we wish to prove the same goal wff as before, but now from the single axiom P(z,u 9z) V P(A,u,u). The refutation tree is shown in Figure 5.14. Here the clause coming from the negation of the goal wff contains the Skolem function g (x). In Figure 5.14 we also show the modified proof tree in which the variable w is used in place of the Skolem function g (x ). Here we obtain a proof of the answer statement: P{z,w 9z)VP(A,w 9w)9 ~~P(x.g(x),y) -P(x,g(x)y>) P(z.u,z)V P{A,u,u) NIL ~P(x,w,y)V P(x,w,y) P(z,u.z)V P(A,u,u) ~P(x,w,y) V P(x,w,y)\ P(z,w,z)\/ P(A,w,w) P(z,w,z)V P(A,w,w) Fig. 5.14 Trees for Example 4. 187 RESOLUTION REFUTATION SYSTEMS which is identical (except for variable names) to the single axiom. Careful analysis of the unifying substitutions in this example will show that although the resolutions in the modified tree are constrained by corresponding unification sets, the substitutions used in the modified tree can be more general than those in the original refutation tree. In conclusion, the steps of the answer extraction process can be summarized as follows: 1. A resolution-refutation tree is found by some search process. The unification subsets of the clauses in this tree are marked. 2. New variables are substituted for any Skolem functions occurring in the clauses that result from the negation of the goal wff. 3. The clauses resulting from the negation of the goal wff are converted into tautologies by appending to them their own negations. 4. A modified proof tree is produced modeling the structure of the original refutation tree. Each resolution in the modified tree uses a unification set determined by the unification set used by the correspond­ ing resolution in the refutation tree. 5. The clause at the root of the modified tree is the answer statement extracted by this process. Obviously, the answer statement depends upon the refutation from which it is extracted. Several different refutations might exist for the same problem; from each refutation we could extract an answer, and, although some of these answers might be identical, it is possible that some answer statements would be more general than others. Usually we have no way of knowing whether or not the answer statement extracted from a given proof is the most general answer possible. We could, of course, continue to search for proofs until we found one producing a sufficiently general answer. Because of the undecidability of the predicate calculus, though, we would not always know whether we had found all of the possible proofs for a wff, W, from a set, S. 188 BIBLIOGRAPHICAL AND HISTORICAL REMARKS 5.5. BIBLIOGRAPHICAL AND HISTORICAL REMARKS Various control strategies for resolution refutations are discussed in Loveland (1978) and Chang and Lee (1973). Ordering strategies have been proposed by Boy er (1971), Kowalski (1970), Reiter (1971), Kowalski and Kuehner (1971), Minker, Fishman, and McSkimin (1973), and Minker and Zanon (1979). Some examples of large-scale resolution refutation systems are those of Guard et al. (1969), McCharen et al. (1976), Minker et al. (1974), and Luckham et al. (1978) [The latter is also described in Allen and Luckham (1970).] Unlike some of the very earliest resolution systems, many of these possess control knowledge adequate to prove some rather difficult theorems. Our discussion of procedural attachment is based on the work of Weyhrauch (1980) on FOL. The process for extracting answers from resolution refutations was originally proposed by Green (1969b). Our treatment of answer extraction is based on work by Luckham and Nilsson (1971), who extended the method. EXERCISES 5.1 Find a linear input form refutation for the following unsatisfiable set of clauses: ~rvp s ~R ~sv u ~UV Q 189 RESOLUTION REFUTATION SYSTEMS 5.2 Indicate which of the following clauses are subsumed by P (f( x ),y ) : (a) P(f(A),f(x))VP(z,f(y)) (b) P(z,A)V ~P(A,z) (c) P(/(/·(x)),z) (d) P(f(z),z)VQ(x) (e) P(A,A)V P(f(x),y) 53 Show by a resolution refutation that each of the following formulas is a tautology: (a) (?^ß)=>pVP)=>(ÄVß)] (b) [(7»=>ß)=»j»]=>p (c) (~P^P)^P (d) (/>=Φρ)^(~ρ=>~ρ) 5.4 Prove the validity of the following wffs using the method of resolution refutation: (a) (3x){[P(x)^P(A)]A[P(x)^P(B)]} (b) (Vz)[ß(z)^/>(z)] => {(3χ)[β(χ)=>/>(Λ)] A[Q(x)=>P(B)]} (c) (3x)(3y){[P(f(x)) A Q(f(B))] =*[P(f(A))AP(y)AQ(y)]} (d) (3x)(Vy)P(x,y) =>(yyX3x)P(jc,7) (e) (V*){/»(*)A[ß(^)Vß(*)]} =>(3χχΡ(χ)Λβ(χ)] 5.5 Show by a resolution refutation that the wff (Bx)P(x) logically follows from the wff [P(A1 ) V P(A2)]. However, the Skolemized form of (3x)P(x), namely, P(A ), does not logically follow from [P(A1) V P(A2)]. Explain. 5.6 Show that a production system using the resolution rule schema operating on a global database of clauses is commutative in the sense defined in chapter 1. 5.7 Find an ancestry-filtered form refutation for the clauses of EXAM­ PLE 2 in Section 5.4.2. Compare with the refutation graph of Figure 5.10. 190 BIBLIOGRAPHICAL AND HISTORICAL REMARKS 5.8 Referring to the discussion in Section 3.3. on derivation graphs (and to Exercise 3.4) propose a heuristic search strategy for a resolution refutation system. On what factors would you base an h function? 5.9 In this exercise we preview a relationship between computation and deduction that will be more fully explored in chapter 6. The expression cons(x,y) denotes the list formed by inserting the element * at the head of the list y. We denote the empty list by NIL ; the list (2) by cons(2,NIL)\ the list (1,2) by cons(\ 9cons(2,NIL)); etc. The expression LAST(x,y) is intended to mean thatj is the last element of the list x. We have the following axioms: (yu)LAST(cons(u,NIL),u) (Vx )(Vy )( Vz )[ LA ST(y, z)^>LAST( cons ( x,y ), z )] Prove the following theorem from these axioms by the method of resolution refutation: (3v)LAST(cons(2,cons(l,NIL)),v) Use answer extraction to find v, the last element of the list (2,1). Describe briefly how this method might be used to compute the last element of longer lists. 191 CHAPTER 6 RULE-BASED DEDUCTION SYSTEMS The way in which a piece of knowledge about a certain field is expressed by an expert in that field often carries important information about how that knowledge can best be used. Suppose, for example, that a mathematician says: If x and y are both greater that zero, so is the product of x andj. A straightforward rendering of this statement into predicate calculus is: (Vx)(Vy){[G(x,0) Λ G(yfi)] ^ G (times (x, y ) fi)} . However, we could instead have used the following completely equiva­ lent formulation: (Vjc)(Vy){[G(jc,0) Λ ~G(times(x,y)fi)] => ~G(y,0)} . The logical content of the mathematician's statement is, of course, independent of the many equivalent predicate calculus forms that could represent it. But the way in which English statements are worded often carries extra-logical, or heuristic, control information. In our example, the statement seems to indicate that we are to use the fact that x and y are individually greater than zero to prove that x multiplied by y is greater than zero. Much of the knowledge used by AI systems is directly representable by general implicational expressions. The following statements and expres­sions are additional examples: (1) All vertebrates are animals. (Vx)[ VERTEBRATE(x)^> ANIMAL(x)] 193 RULE-BASED DEDUCTION SYSTEMS (2) Everyone in the Purchasing Dept. over 30 is married. (V*) (Vy) {[ WORKS-IN{PURCHASING-DEPT,x) A AGE(x 9y) A G(y,30)]=ï MARRIED(x)} (3) There is a cube on top of every red cylinder. Çix){[CYLINDER(x) A RED(x)] ^>(3y)[CUBE(y) A ON(y,x)]} If we were to convert expressions such as these into clauses, we would lose the possibly valuable control information contained in their given implicational forms. The clausal expression (A V B V C), for example, is logically equivalent to any of the implications {~A A ~B)=> C, (~A A ~C)=ïB 9 ΗΛ ~0=ΦΛ, ~A=ï(B VC), ~B=>(A V C), or ~ C=ï(A V B)\ but each of these implications carries its own, rather different, extra-logical control information not carried at all by the clause form. In this chapter we argue that implications should be used in the form originally given, as F-rules or B-rules of a production system. The use of implicational wffs as rules in a production system prevents the system from making inferences directly from these rule wffs alone. All inferences made by a production system result from the application of production rules to the global database. Therefore each inference can involve only one rule wff at a time. This restriction has beneficial effects on the efficiency of the system. Additionally, we can show, in general, that converting wffs to clauses can lead to inefficiencies. Consider the problem of attempting to prove the wff P A ( Q V R ). If we used a resolution refutation system, we would negate this wff and convert it to clause form through the following steps: ~[PA(QVR)] ~/>V -(gVÄ) —P V(~(?A ~R) (1) -PV-Ô (2) ~P V ~R 194 Suppose the base set also contains the following clauses: (3) ~S V P (4) ~t/VS (5) U (6) ~ W V R (7) W One reasonable strategy for obtaining a refutation might involve selecting clause 1, say, and using it and its descendants in resolutions. We can resolve clauses 1 and 3 to produce ~5V ~ Q, and then use clauses 4 and 5 in sequence to produce ~Q. At this stage, we have "resolved away" the literal ~P from clause 1. Unfortunately, we now discover that we have no way to resolve away ~g, so our search must consider working with clause 2. The previous work in resolving away ~P is wasted because we must search for a way to resolve it away again, to produce the clause ~R, which is on the way to a final solution. The fact that we had to resolve away ~P twice is an inefficiency caused by "multiplying out" a subexpression in the conversion to clause form. If we look at our original goal, namely, to prove P Λ ( Q V R ), it is obvious that the component P needs to be proved only once. Conversion to clauses makes this sort of duplication difficult to avoid. The systems described in this chapter do not convert wffs to clauses; they use them in a form close to their original given form. Wffs representing assertional knowledge about the problem are separated into two categories: rules and facts. The rules consist of those assertions given in implicational form. Typically, they express general knowledge about a particular subject area and are used as production rules. The facts are the assertions that are not expressed as implications. Typically, they repre­ sent specific knowledge relevant to a particular case. The task of the production systems discussed in this chapter is to prove a goal wfffrom these facts and rules. In forward systems, implications used as F-rules operate on a global database of facts until a termination condition involving the goal wff is achieved. In backward systems, the implications used as B-rules operate 195 RULE-BASED DEDUCTION SYSTEMS on a global database of goals until a termination condition involving the facts is achieved. Combined forward and backward operation is also possible. The details about rule operation and termination are explained in the next few pages. This sort of theorem-proving system is a direct system rather than a refutation system. A direct system is not necessarily more efficient than a refutation system, but its operation does seem intuitively easier for people to understand. Systems of this kind are often called rule-based deduction systems, to emphasize the importance of using rules to make deductions. AI research has produced many applications of rule-based systems. 6.1. A FORWARD DEDUCTION SYSTEM 6.1.1. THE AND/OR FORM FOR FACT EXPRESSIONS We begin by describing a simple type of forward production system that processes fact expressions of arbitrary form. Then we consider a dual form of this system, namely, a backward system that is able to prove goal expressions of arbitrary form. Finally, we combine the two in a single system. Our forward system has as its initial global database a representation for the given set of facts. In particular, we do not intend to convert these facts into clause form. The facts are represented as a predicate calculus wff that has been transformed into implication-free form that we call AND /OR form. To convert a wff into AND/OR form, the => symbols (if there are any) are eliminated, using the equivalence of ( Wl => W2) and (~ Wl V W2). (Typically, there will be few => symbols among the facts because implications are preferably represented as rules.) Next, negation symbols are moved in (using de Morgan's laws) until their scopes include at most a single predicate. The resulting expression is then Skolemized and prenexed; variables within the scopes of universal quantifiers are standardized by renaming, existentially quantified variables are replaced by Skolem functions, and the universal quantifiers are dropped. Any variables remaining are assumed to have universal quantification. 196 A FORWARD DEDUCTION SYSTEM For example, the fact expression: (3«)(Vv){ Q(v,u) A ~[[R(v) V P(v)] A S(u,v)]} is converted to Q(v,A ) Λ {[~/*(v) Λ ~P(v)] V ~S(A, v)]} . Variables can be renamed so that the same variable does not occur in different (main) conjuncts of the fact expression. Renaming variables in our example yields the expression: Q(w,A) Λ {[~Ä(v) Λ ~P(v)] V ~£(Λ,ν)} . Note that the variable v, in Q ( v,A ), can be replaced by a new variable, w, but that neither occurrence of the variable v in the conjuncts of the embedded conjunction, [~Ä(v) Λ ~P(v)], can be renamed because this variable also occurs in the disjunct ~S(A,v). An expression in AND/OR form consists of subexpressions of literals connected by Λ and V symbols. Note that an expression in AND/OR form is not in clause form. It is much closer to the form of the original expression. In particular, subexpressions are not multiplied out. 6.1.2. USING AND/OR GRAPHS TO REPRESENT FACT EXPRESSIONS An AND/OR graph can be used to represent a fact expression in AND/OR form. For example, the AND/OR tree of Figure 6.1 repre­ sents the fact expression that we just put into AND/OR form above. Each subexpression of the fact expression is represented by a node in the graph. Disjunctively related subexpressions, E l,..., E k, of a fact, (Ej V ... V E k\ are represented by descendant nodes connected to their parent node by a fc-connector. Each conjunctive subexpression, E1,..., E n, of an expression, ( E t Λ ... Λ E n ), is represented by a single descendant node connected to the parent node by a 1-connector. It may seem surprising that we use /c-connectors (a conjunctive notion) to separate disjunctions in fact expressions. We see later why we have adopted this convention. The leaf nodes of the AND/OR graph representation of a fact expression are labeled by the literals occurring in the expression. We call 197 RULE-BASED DEDUCTION SYSTEMS that node in the graph labeling the entire fact expression, the root node. It has no ancestors in the graph. An interesting property of the AND/OR graph representation of a wff is that the set of clauses into which that wff could have been converted can be read out as the set of solution graphs (terminating in leaf nodes) of the AND/OR graph. Thus, the clauses that result from the expression Q(w,A)A {[~Α(ν)Λ ~Ρ(ν)] V ~S(A,v)} are: Ô(vM) ~S(A,v) V ~S(A 9v)V 'Ä(v) Each clause is obtained as the disjunction of the literals at the leaf nodes of one of the solution graphs of Figure 6.1. We might therefore think of the AND/OR graph as a compact representation for a set of clauses. [The AND/OR graph representation for an expression is actually slightly less general than the clause representation, however, because not multiplying out common subexpressions can prevent certain variable renamings that are possible in clause form. In the last of the clauses above, for example, the variable v can be renamed u throughout the clause. This renaming cannot be expressed in the AND/OR graph, which results in loss of generality that can sometimes cause difficulties (discussed later in the chapter).] Q(w,A) Λ {[-/?(»·) Λ ~P{v)) ~S{A,v)} Q(w,A) [-R(v) Λ -P(v)] V ~S(A,v) S(A,v) ~R(v) Fig. 6.1 An AND/OR tree representation of a fact expression. 198 A FORWARD DEDUCTION SYSTEM Usually, we draw our AND/OR graph representations of fact expres­ sions "upside down." Later we also use AND/OR graph representations of goal wffs; these are displayed in the usual manner, "rightside up." When we represent wffs by AND/OR graphs, we are using AND/OR graphs for a quite different purpose than that described in chapters 1 and 3. There, AND/OR graphs were representations used by the control strategy to monitor the progress of decomposable production systems. Here we are using them as representational forms for the global database of a production system. Various of the processes to be described in this chapter involve transformations and tests on the AND/OR graph as a whole, and thus it is appropriate to use the entire AND/OR graph as the global database. 6.13. USING RULES TO TRANSFORM AND/OR GRAPHS The production rules used by our forward production system are applied to AND/OR graph structures to produce transformed graph structures. These rules are based on the implicational wffs that represent general assertional knowledge about a problem domain. For simplicity of explanation, we limit the types of wffs that we allow as rules to those of the form: where L is a single literal, W is an arbitrary wff (assumed to be in AND/OR form), and any variables occurring in the implication are assumed to have universal quantification over the entire implication. Variables in the facts and rules are standardized apart so that no variable occurs in more than one rule and so that the rule variables are different than the fact variables. The restriction to single-literal antecedents considerably simplifies the matching process in applying rules to AND/OR graphs. This restriction is a bit less severe than it appears because implications having antece­ dents consisting of a disjunction of literals can be written as multiple rules; for example, the implication {LI V L2) => Wis equivalent to the pair of rules LI => W and L2 => W. In any case, the restrictions on rule forms that we impose in this chapter do not seem to cause practical limitations on the utility of the resulting deduction systems. 199 RULE-BASED DEDUCTION SYSTEMS Any implication with a single-literal antecedent, regardless of its quantification, can be put in a form in which the scope of quantification is the entire implication by a process that first "reverses" the quantification of those variables local to the antecedent and then Skolemizes all existential variables. For example, the wif Q/x){[(3y)Qfz)P(x 9y9z)]=> (Vii)ß(jc,n)} can be transformed through the following steps: (1) Eliminate (temporarily) implication symbol. <yX){~[(3y)Qfz)P(x,y,z)] V(Vu)Q(x,u)} (2) Reverse quantification of variables in first disjunct by moving negation symbol in. 0tx){Qty)(3z)i~P(x,y,z)] V(V«)ß(x,u)} (3) Skolemize. (\/χ){(νγ)[~Ρ(χ,γ,/(χ,γ))] V(V«)ß(*,«)} (4) Move all universal quantifiers to the front and drop. ~P(x,y,f(x,y))V Q(x,u) (5) Restore implication. P(x 9y9f(x,y))=>Q(x,u) To explain how rules of this sort are applied to AND/OR graphs, we first consider the variable-free propositional calculus case. A rule of the form L=>W (where L is a literal and W is a wff in AND/OR form) can be applied to any AND/OR graph having a leaf node, n, labeled by literal L. The result is a new AND/OR graph in which node n now has an outgoing 1-connector to a descendant node (also labeled by L) which is the root node of that AND/OR graph structure representing W. 200 A FORWARD DEDUCTION SYSTEM As an example, consider the rule S=*(XA Y)V Z. We can apply this rule to the AND/OR graph of Figure 6.2 at the leaf node labeled by S. The result is the graph structure shown in Figure 6.3. The two nodes labeled by S are connected by an arc that we call a match arc. Before applying a rule, an AND/OR graph, such as that of Figure 6.2, represented a particular fact expression. (Its set of solution graphs terminating in leaf nodes represented the clause form of the fact expression.) We intend that the graph resulting after rule application represent both the original fact and a fact expression that is inferable from the original one and the rule. Suppose we have a rule L => ÌV, where L is a literal and W is a wff. From this rule and from the fact expression F(L), we can infer the expression F{ W) derived from F(L) by replacing all of the occurrences of L in F by W. When using a rule L => W to transform the AND/OR graph representation of F(L) in the manner described, we produce a new graph that can be considered to contain a representation of F( W)\ that is, its set of solution graphs terminating in leaf nodes represents the set of clauses in the clause form of F( W). This set of clauses includes the entire set that would be produced by performing all possible resolutions on L between the clause form of F( L ) and the clause form of L => W. Ξ (P V Q) H H V (T V U) Fig. 6.2 An AND /OR graph with no variables. 201 RULE-BASED DEDUCTION SYSTEMS Consider the example of Figure 6.3. The clause form of the rule 5=>[(*Λ 7)VZ]is: -svxvz and ~SV YV Z. Those clauses in the clause form of [(PVQ)AR] V[S A(TV U)] that would resolve (on S) with either of the two rule clauses are: P V Q V S and RV S. Match Arc (P V Q) I I R I s\ (PVQ)AR S A (T V U) [(P V Q) A R] V [S A (T V U)) Fig. 6.3 An AND/OR graph resulting from applying a rule. 202 A FORWARD DEDUCTION SYSTEM The complete set of resolvents that can be obtained from these four clauses by resolving on S is: IVZVPVQ YVZV?VQ RV YV Z RV XV Z All of these are included in the clauses represented by the solution graphs of Figure 6.3. From this example, and from the foregoing discussion, we see that the process of applying a rule to an AND/OR graph accomplishes in an extremely economical fashion what might otherwise have taken several resolutions. We want the AND/OR graph resulting from a rule application to continue to represent the original fact expression as well as the inferred one. This effect is obtained by having identically labeled nodes on either side of the match arc. After a rule is applied at a node, this node is no longer a leaf node of the graph, but it is still labeled by a single literal and may continue to have rules applied to it. We call any node in the graph labeled by a single literal a literal node. The set of clauses represented by an AND/OR graph is the set that corresponds to the set of solution graphs terminating in literal nodes of the graph. All of our discussion so far about rule applications has been for the propositional calculus case in which the expressions do not contain variables. Soon we will describe how expressions with variables are dealt with, but first we discuss the termination condition for the variable-free case. 6.1.4. USING THE GOAL WFF FOR TERMINATION The object of the forward production system that we have described is to prove some goal wff from a fact wff and a set of rules. This forward system is limited in the type of goal expressions that it can prove; specifically, it can prove only those goal wffs whose form is a disjunction of literals. We represent this goal wff by a set of literals and assume that the members of this set are disjunctively related. (Later, we describe a backward system and a bidirectional system that are not limited to such 203 RULE-BASED DEDUCTION SYSTEMS Goal Nodes Rules: A=>C A D B^E A G Fact Fig. 6.4 An AND/OR graph satisfying termination. simple goal expressions.) Goal literals (as well as rules) can be used to add descendants to the AND/OR graph. When one of the goal literals matches a literal labeling a literal node, n, of the graph, we add a new descendant of node n, labeled by the matching goal literal, to the graph. This descendant is called a goal node. Goal nodes are connected to their parents by match arcs. The production system successfully terminates when it produces an AND/OR graph containing a solution graph that terminates in goal nodes. (At termination, the system has essentially inferred a clause identical to some subpart of the goal clause.) In our illustrations of AND/OR graphs, we represent matches between literal nodes and goal nodes in the same way that we represent matches between literal nodes and nodes representing rule antecedents. We show, in Figure 6.4, an AND/OR graph that satisfies a termination condition based on the goal wff ( C V G ). Note the match arcs to the goal nodes. The AND/OR solution graph of Figure 6.4 can also be interpreted as a proof of the goal expression (CVG) using a "reasoning-by-cases" strategy. Initially, we have the fact expression, (A V B). Since we don't 204 A FORWARD DEDUCTION SYSTEM know whether A or B is true, we might attempt first to prove the goal by assuming that A is true and then attempt to prove the goal assuming B is true. If both proofs succeed, we hâve a proof based simply on the disjunction (A V B ), and it wouldn't matter which of A or B was true. In Figure 6.4, the descendants of the node labeled by (A V B) are connected to it by a 2-connector; thus both of these descendants must occur (as they indeed do) in the final solution graph. Now we can see the intuitive reason for using A>connectors to separate disjunctively related subexpressions in facts. If a solution graph for node n includes any descendant of AZ through a certain A>connector, it must include all of the descendants through this /c-connector. The production system that we have described, based on applying rules to AND/OR graphs, is commutative; therefore an irrevocable control regime suffices. The system continues to apply applicable rules until an AND/OR graph containing a solution graph is produced. 6.1.5. EXPRESSIONS CONTAINING VARIABLES We now describe forward production systems that deal with expres­ sions containing variables. We have already mentioned that variables in facts and rules have implicit universal quantification. We assume that any existential variables in facts and rules have been Skolemized. For goal wffs containing existentially or universally quantified vari­ ables, we use a Skolemization process that is dual to that used for facts and rules. Universal variables in goals are replaced by Skolem functions of the existential variables in whose scopes these universal variables reside. Recall that in resolution refutation systems, goal wffs are negated, converting universal quantifiers into existential ones, and vice versa. Existential variables in these expressions are then replaced by Skolem functions. We achieve the same effect in direct proof systems if we replace universally quantified goal variables by Skolem functions. The existential quantifiers in the Skolemized goal wff can then be dropped, and variables remaining in goal expressions have assumed existential quantification. We are still restricting our goal wffs to those that are a disjunction of literals. After Skolemizing a goal wff, we can rename its variables so that the same variable does not occur in more than one disjunct of the goal wff. (Recall the equivalence between the wff (3x)[ Wl{x) V W2(x)] and the wff [(Bx) Wl(x) V (3y) W2(y)].) 205 RULE-BASED DEDUCTION SYSTEMS Now we consider the process of applying a rule of the form ( L => W) to an AND/OR graph, where L is a literal, W is a wff in AND/OR form, and all expressions might contain variables. The rule is applicable if the AND/OR graph contains a literal node L' that unifies with L. Suppose the mgu is u. Then, application of this rule extends the graph (just as in the propositional calculus case) by creating a match arc directed from the node labeled by L! in the AND/OR graph to a new descendant node labeled by L. This descendant node is the root node of the AND/OR graph representation of Wu. We also label the match arc by the mgu, u. As an example, consider the fact expression {P(x,y)V[Q(x,A)AR(B,y)\}. The AND/OR graph representation for this fact is shown in Figure 6.5. Now, if we apply the rule: P(A,B)=ï[S(A) V X(B)] to this AND/OR graph, we obtain the AND/OR graph shown in Figure 6.6. The AND/OR graph shown in Figure 6.6 has two solution graphs that terminate in leaf nodes and that include the newly added match arc. The clauses corresponding to these solution graphs are: S(A)V X(B)V Q(A,A) and S(A)V X(B)V R(B,B). In constructing these clauses, we have applied the mgu, w, to the literals occurring at the leaf nodes of the solution graphs. These clauses are just those that could be obtained from the clause form of the fact and the rule wffs by performing resolutions on P. The AND/OR graph of Figure 6.6 continues to represent the original fact expression, because we take it generally to represent all of those clauses corresponding to solution graphs terminating in literal nodes. After more than one rule has been applied to an AND/OR graph, it contains more than one match arc. In particular, any solution graph 206 A FORWARD DEDUCTION SYSTEM (terminating in literal nodes) can have more than one match arc. In computing the sets of clauses represented by an AND/OR graph containing several match arcs, we count only those solution graphs terminating in literal nodes having consistent match arc substitutions. The clause represented by a consistent solution graph is obtained by applying a special substitution, called the unifying composition, to the disjunction of the literals labeling its terminal (literal) nodes. \Q(X,A) R(B,y) Fig. 6.5 An AND/OR graph representation of a fact expression containing variables. \s(A) xm Fig. 6.6 An AND /OR graph resulting after applying a rule containing variables. 207 RULE-BASED DEDUCTION SYSTEMS The notions of a consistent set of substitutions and a unifying composition of substitutions are defined as follows. Suppose we have a set of substitutions, {u l9ug9.. ,,u n). Each u { is, in turn, a set of pairs: ui — {Ul/Vili · · ·> hm(i)/vim(i)} where the ts are terms and the vs are variables. From the ( u1,..., un ), we define two expressions: Ul — (vllv · -»vitna)v · ·)νηίν · '»vnm(n)) and Ü2 — (hi y · ·>^1ιη(1)ν · -^ηΐν · ^nm(n)) · The substitutions (u l9.. .,w n) are called consistent if and only if £/ 2 and i/^ are unifiable. The unifying composition, w, of (u l9.. .,w n) is the most general unifier of Uj and t/j. Some examples of unifying compositions [(Sickel (1976) and Chang and Slagle (1979)] are given in Table 6.1. Table 6.1 Examples of Unifying Compositions of Substitutions "1 {A/x) {x/y} ίΛΟΑ} {x/y,x/z} {*) {gir)/*) [f(g{xl))/x3, f(x2)/x4) Ug {B/x} 0-/*} tf(A)/x} {Λ/ζ} {} W*)/J>i {x4/x3,g(xl)/x2) u inconsistent (x/y,x/z) {/(A)/x,A/z) {A/x,A/y,A/z} {*} inconsistent {J(g(xl))/x3, f(g(xl))/x4,g(xl)/x2) 208 A FORWARD DEDUCTION SYSTEM It is not difficult to show that the unifying composition operation is associative and commutative. Thus, the unifying composition associated with a solution graph does not depend on the order in which match arcs were generated while constructing the graph. (Recall that the composition of substitutions is associative but not commutative.) It is reasonable to expect that a solution graph must have a set of consistent match arc substitutions in order for its corresponding clauses to be ones that can be inferred from the original fact expression and the rules. Suppose, for example, that we have the fact P(x)VQ(x) and the two rules P(A)=>R(A) and Q(B)^R(B). Application of both of these rules would produce the AND/OR graph shown in Figure 6.7. Even though this graph contains a solution graph with literal nodes labeled by R (A ) and R(B), this graph has inconsistent substitutions. Therefore, the clause [R(A ) V R(B)] is not one of those represented by the AND/OR graph shown in Figure 6.7. Of course, neither could this clause be derived by resolution from the clause form of the fact and rule wffs. R(A) P(A) [A M P(x) R(B) Q(B) [B/x] Q(x) P(x) V Q(x) Fig. 6.7 An AND/OR graph with inconsistent substitutions. 209 RULE-BASED DEDUCTION SYSTEMS The graph of Figure 6.7 does, however, contain a representation for the clause [R(A) V Q(A)]. It is the clause obtained by applying the substitution {A/x } (which is the trivial unifying composition of the set containing the single element {A/x}) to the expression [R(A) V Q(x)]. This expression, in turn, corresponds to the solution graph terminating in the literal nodes labeled by R (A ) and Q (x ). If the same rule is applied more than once, it is important that each application use renamed variables. Otherwise, we may needlessly over- constrain the substitutions. The AND/OR graph can also be extended by using the goal literals. When a goal literal, L, unifies with a literal U labeling a literal node, n, of the graph, we can add a match arc (labeled by the mgu) directed from node « to a new descendant goal node labeled by L. The same goal literal can be used a number of times, creating multiple goal nodes, but each use must employ renamed variables. The process of extending the AND/OR graph by applying rules or by using goal literals successfully terminates when a consistent solution graph is produced having goal nodes for all of its terminal nodes. The production system has then proved that goal (sub)disjunction obtained by applying the unifying composition of the final solution graph to the disjunction of the literals labeling the goal nodes in the solution graph. We illustrate how this forward production system operates by a simple example. Suppose we have the following fact and rules: Fido barks and bites, or Fido is not a dog: -DOG(FIDO) V [BARKS(FIDO) Λ BITES(FIDO)] All terriers are dogs: Rl: ~DOG(x)=> -TERRIER(x) (We use the contrapositive form of the implication here.) Anyone who barks is noisy: R2 : BA RKS (y ) => NOISY (y ) 210 A FORWARD DEDUCTION SYSTEM Goal Nodes -TERRIER(z) {FIDO I z] -TERRIER(FIDO) Rl ~DOG(x) [FIDOlx] NOISY(z) [FIDO/z] NOISY(FIDO) i R2 BARKS{y) [FIDOly] BARKS(FIDO) BITES(FIDO) Fig. 6.8 An AND/OR graph for the "Terrier** problem. Now suppose we want to prove that there exists someone who is not a terrier or who is noisy. The goal wff representing the statement to be proved is: -TERRIER(z) V NOISY(z) . Recall that z is an existentially quantified variable. The AND/OR graph for this problem is shown in Figure 6.8. The goal nodes are shown by double-boxed expressions, and rule applications are labeled by the rule numbers. A consistent solution graph within this 211 RULE-BASED DEDUCTION SYSTEMS AND/OR graph has the substitutions {FIDO/x}, {FIDO/y}, {FIDO/z}. The unifying composition of these substitutions is simply { FIDO/x, FIDO/y, FIDO/z}. Applying this unifying composition to the goal literals used in the solution yields -TERRIER(FIDO) V NOISY(FIDO), which is the instance of the goal wff that our system has proved. This instantiated expression can thus be taken as the answer statement. There are several extensions that we could make to this simple forward production system. We have not yet explained how we might achieve resolutions between components of the fact expressions—sometimes allowing certain intraf act resolutions is useful (and necessary); nor have we described how we might proceed in those cases in which a fact (sub)expression might be needed more than once in the same proof, with differently named variables in each usage. Of course, there is also the very important problem of controlling this production system so that it finds consistent solution graphs efficiently. We postpone further consideration of these matters until they arise again in the backward system, described next. 6.2. A BACKWARD DEDUCTION SYSTEM An important property of logic is the duality between assertions and goals in theorem-proving systems. We have already seen an instance of this principle of duality in resolution refutation systems. There the goal wff was negated, converted to clause form, and added to the clause form of the assertions. Duality between assertions and goals allows the negated goal to be treated as if it were an assertion. Resolution refutation systems apply resolution to the combined set of clauses until the empty clause (denoting F) is produced. We could also have described a dual resolution system that operates on goal expressions. To prepare wffs for such a system, we would first negate the wff representing the assertions, convert this negated wff to the dual of clause form (namely, a disjunction of conjunctions of literals), and add these clauses to the dual clause form of the goal wff. Such a system would then apply a dual version of resolution until the empty clause (now denoting T) was produced. 212 A BACKWARD DEDUCTION SYSTEM We can also imagine mixed systems in which three different forms of resolution are used, namely, resolution between assertions, resolution between goal expressions, and resolution between an assertion and a goal. The forward system described in the last section might be regarded as one of these mixed systems because it involved matching a fact literal in the AND/OR graph with a goal literal. The backward production system, described next, is also a mixed system that, in some respects, is dual to the forward system just described. Its operation involves the same sort of representations and mechanisms that were used in the forward system. 6.2.1. GOAL EXPRESSIONS IN AND/OR FORM Our backward system is able to deal with goal expressions of arbitrary form. We first convert the goal wffto AND/OR form by the same sort of process used to convert a fact expression. We eliminate =Φ symbols, move negation symbols in, Skolemize universal variables, and drop existential quantifiers. Variables remaining in the AND/OR form of a goal expression have assumed existential quantification. For example, the goal expression: (3y)(Vx){P(x)^>[Q(x,y) Λ ~[R(x) Λ S(y)]]} is converted to ~P(f(y)) v {Q(f(y),y) Λ [~*(/Ό0) v ~S00]}, wheref(y) is a Skolem function. Standardizing variables apart in the (main) disjuncts of the goal yields: ~P(f(z)) V { Q(f(y),y) A [~R(f(y)) V ~S(y)]} . (Note that the variable y cannot be renamed within the disjunctive subexpression to give each disjunct there a different variable.) Goal wffs in AND/OR form can be represented as AND/OR graphs. But with goal expressions, A>connectors in these graphs are used to separate conjunctively related subexpressions. The AND/OR graph representation for the example goal wff used above is shown in Figure 213 RULE-BASED DEDUCTION SYSTEMS ~P(f(z))V {Q(f(y)y)A[-R{f(y)) V ~S(y)}} Fig. 6.9 An AND /OR graph representation of a goal wff. 6.9. The leaf nodes of this graph are labeled by the literals of the goal expression. In AND/OR goal graphs, we call any descendant of the root node, a subgoal node. The expressions labeling such descendant nodes are called subgoals. The set of clauses in the clause form representation of this goal wff can be read from the set of solution graphs terminating in leaf nodes: ~P(f(z)) Q(f(y),y)A~S(y) Goal clauses are conjunctions of literals and the disjunction of these clauses is the clause form of the goal wff. 6.2.2. APPLYING RULES IN THE BACKWARD SYSTEM The B-rules for this system are based on assertional implications. They are assertions just as were the F-rules of the forward system. Now, however, we restrict these B-rules to expressions of the form W=$L, 214 A BACKWARD DEDUCTION SYSTEM where W is any wff (assumed to be in AND/OR form), L is a literal, and the scope of quantification of any variables in the implication is the entire implication. [Again, restricting B-rules to implications of this form simplifies matching and does not cause important practical difficulties. Also, an implication such as W =Φ {LI Λ L2) can be converted to the two rules W^> LI and W^> L2.] Such a B-rule is applicable to an AND/OR graph representing a goal wff if that graph contains a literal node labeled by U that unifies with L. The result of applying the rule is to add a match arc from the node labeled by U to a new descendant node labeled by L. This new node is the root node of the AND/OR graph representation of Wu where u is the mgu of L and ΖΛ This mgu labels the match arc in the transformed graph. Our explanation of the appropriateness of this operation is dual to the explanation for applying an F-rule to a fact AND/OR graph. The assertional rule W=5> L can be negated and added (disjunctively) to the goal wff. The negated form is (WΛ ~L). Performing all (goal) resolutions on L between the clauses deriving from ( W Λ ~L) and the goal wff clauses produces a set of resolvents that are identical to clauses included among those associated with the consistent solution graphs of the transformed AND/OR graph. 6.23. THE TERMINATION CONDITION The fact expressions used by our backward system are limited to those in the form of a conjunction of literals. Such expressions can be represented as a set of literals. Analogous to the forward system, when a fact literal matches a literal labeling a literal node of the graph, a corresponding descendant fact node can be added to the graph. This fact node is linked to the matching subgoal literal node by a match arc labeled by the mgu. The same fact literal can be used a multiple number of times (with different variables in each use) to create multiple fact nodes. The condition for successful termination for our backward system is that the AND/OR graph contain a consistent solution graph terminating in fact nodes. Again, a consistent solution graph is one in which the match arc substitutions have a unifying composition. Let us consider a simple example of how the backward system works. 215 RULE-BASED DEDUCTION SYSTEMS CAT(x) ■J [x/x5 CAT{x5) \ R5 MEOWS(x) < [MYi ì RTL MEOWS{MYRTLE) Fig. 6.10 A consistent solution graph for a backward system. 216 A BACKWARD DEDUCTION SYSTEM Let the facts be: Fl: DOG(FIDO) F2: -BARKS(FIDO) F3: WAGS-TAIL(FIDO) F4: MEOWS(MYRTLE) and let us use the following rules: RI: [WAGS-TAIL(xl) A DOG(xl)]=> FRIENDLY(xl) R2: [FRIENDLY(x2) A ~BARKS(x2)] =>~AFRAID (y2,x2) R3: DOG(x3)^>ANIMAL(x3) R4: CAT(x4)=ïANIMAL(x4) R5: MEOWS(x5)^>CAT(x5) Suppose we want to ask if there are a cat and a dog such that the cat is unafraid of the dog. The goal expression is: (3x)(3y)[CAT(x) A DOG(y) A ~AFRAID(x,y)]. We show a consistent solution graph for this problem in Figure 6.10. The fact nodes are shown double-boxed, and rule applications are labeled by the rule number. To verify the consistency of this solution graph, we compute the unifying composition of all of the substitutions labeling the match arcs in the solution graph. For Figure 6.10, we must compute the unifying composition of ({x/x5}, {MYRTLE/x} 9 {FIDO/y}, {x/y2, y/x2], {FIDO/y}, {y/xl} 9 {FIDO/y} 9 {FIDO/y}). The result is {MYRTLE:/x5 9 MYRTLE/x, FIDO/y, MYRTLEi>y2, FIDO/x2, FIDO/xl}. This unifying composition ap­ plied to the goal expression yields the answer statement [CAT(MYRTLE) A DOG(FIDO) A -AFRAID(MYRTLE,FIDO)] . 6.2.4. CONTROL STRATEGIES FOR DEDUCTION SYSTEMS Various techniques can be used to control the search for a consistent solution graph. We describe some of these as they might apply to a backward system; the same ideas can also be used with forward systems. The control strategy for our backward deduction system might attempt to find a consistent solution graph by first finding any solution graph and 217 RULE-BASED DEDUCTION SYSTEMS then checking it for consistency. If this candidate graph is not consistent, the search must continue until a consistent one is found. A more sophisticated strategy would involve checking for consistency as the partial, candidate solution graphs are being developed (that is, before a complete candidate solution is found). Sometimes inconsisten­ cies are revealed early in the process of developing a partial solution graph; these inconsistent partial solution graphs can be immediately ruled out, thus reducing the amount of search effort. Consider the following example. Suppose that we want to prove the goal P(x ) Λ Q (x ) and that the facts include R (A ) and Q (A ). Suppose that the rules include Rl: R{y)=>P{y) R2: S(z)^>P(B) Now, at a certain stage, the backward system might have produced the AND/OR graph shown in Figure 6.11. There are two partial candidate solution graphs in Figure 6.11. One has the substitutions ({x/y}, {A/x}), and the other has the substitutions ({B/x}, {A/x}). The latter is inconsistent. Furthermore, if ß(^4 ) is the only match for the subgoal Q (x ), we can see that rule R2 could not possibly be a part of any solution. Thus, detecting inconsistencies early in the search process can lead to opportunities for pruning the AND/OR graph. In our example, we do not need to generate subgoals of S(z). P(x) A Q(x) Piy) P{B) RL R2 PW I I Q(x) Q(A) R(x) S(z) Fig. 6.11 An AND/OR graph with inconsistent substitutions. 218 A BACKWARD DEDUCTION SYSTEM Pruning operations that result from consistency checks among different levels of the graph are also possible. Consider the following example. Suppose the rules include: Rl R2 R3 R4 R5 [ß(u)AÄ(v)]=>P(«,v) W(y)^R(y) S(w)^>R(w) i/(z)=>S(C) V(A)^Q(A) Now, in attempting to deduce the goal P(x,x ), we might produce the AND/OR graph shown in Figure 6.12. Note that rules R4 and R5 are in the same partial candidate solution graph and that their associated substitutions, namely, {A/x } and { C/x }, are inconsistent. If rule R5 is the only possible match for subgoal Q (x ), this inconsistency would allow us to prune the subgoal U(z) from the graph. Solving U(z) cannot contribute to a consistent solution graph. Notice, however, that subgoal S(x) can be left in the graph; it might still permit the substitution {A/x}. The general rule is that a match need not be attempted if it is inconsistent with the match substitutions in all other partial solution graphs containing it. Another control strategy for backward, rule-based deduction systems involves building a structure called a rule connection graph. In this method, we precompute all possible matches among the rules and store the resulting substitutions. This precomputation is performed before solving any specific problems with the rules; the results are potentially useful in all problems so long as the set of rules is not changed. Such a process is, of course, only practical for rule sets that are not too large. We show, in Figure 6.13, an example rule connection graph for the rules of our earlier "cat and dog" example. The graph is constructed by writing down each rule in AND/OR graph form and then connecting (with match arcs) literals in rule antecedents to all matching rule consequents. The match arcs are then labeled by the mgus. When an actual problem is to be solved, we can connect the AND/OR goal graph and fact nodes to the rule connection graph by connecting the goal literal nodes to all matching rule consequents, and by connecting fact nodes to all matching literals in the rule antecedents. This enlarged connection graph can next be scanned to find candidate solution graphs within it. Once a candidate is found, we attempt to compute the unifying 219 RULE-BASED DEDUCTION SYSTEMS Q(x) 1 1 [A/x] Q(A) \V(A) P(x,x) {x/u,x/v} <> P(u.v) i? 1 t\l R(x) l*/yJX^<^M R(y) R(w) J~RJ Six) [c/x] 11 S(Q J/W U(z) Fig. 6.12 Another AND /OR graph with inconsistent substitutions. composition of the substitutions involved in this graph. If such a unifying composition exists, we have a consistent AND/OR solution graph and, thus, a solution. Otherwise, we must look for another candidate solution graph within the connection graph. Using connection graphs of this sort, we are really producing AND/OR graphs largely from precomputed structure. There is one important complication, however, that we have not yet mentioned: We might need to use the same rule in the rule connection graph more than once in a candidate solution graph. Each time it is used, it must have differently named variables. These differently named variables must then also occur in the substitutions copied over to the candidate solution graph. Let us consider a specific example. Suppose we have the rule P(x)=$ P(f(x)) and the fact P(A ). Suppose we want to prove the goal P(f(f(A))). The rule connection graph for this problem is shown in Figure 6.14. Here we use an (unlabeled) match arc between the rule's consequent and antecedent to remind us that a new instance of the rule 220 A BACKWARD DEDUCTION SYSTEM ANIMAL(x3) R3 D0G(x3) ANIMAL(x4) \ R4 \ CAT(x4) >> [x4lx5] V CAT(x5) R5 \ MEOW S{x 5) Fig. 6.13 A rule connection graph. can have its consequent match the original antecedent, and so on. When the goal and fact nodes are connected, we have the graph shown in Figure 6.15. Scanning this connection graph for candidate solution graphs can produce the one shown in Figure 6.16. This graph uses the same rule twice (going around a loop in the rule connection graph), and, thus, the variables occurring in the rule and in the associated substitutions must be renamed. The substitutions in the solution graph have the unifying composition {f(A )/JC, A/y). 221 RULE-BASED DEDUCTION SYSTEMS ά^ P(fW) P(x) P(f(f(A))) [f(A)/x] ^ P(f(x)) Fig. 6.14 Another rule connection graph. P(x) P(A) Fig. 6.15 A connection graph. P(f(f(A))) if(A)/x) PtfM) P(f{A)) [A/y] o WOO) P(A) P(A) Fig. 6.16 A candidate solution graph. 222 A BACKWARD DEDUCTION SYSTEM 6.2.5. EXAMPLES OF BACKWARD, RULE-BASED DEDUCTION SYSTEMS To give a more concrete idea of the use of rule-based deduction systems in AI, we next describe some example systems. Each is illustrative only; practical versions of these systems would of course be much larger and need many additional features. It is interesting to note, however, that there are many important applications that can be attacked even with the restrictions we have imposed so far on the allowed forms for rules and facts in backward systems. 6.2.5.1. An Information Retrieval System. Let us imagine that our set of facts contains personnel data for a business organization and that we want an automatic system to answer various questions about personnel matters. A highly simplified example system might have facts such as the following : MANAGER (P-D,JOHN-JONES) John Jones is the manager of the Purchasing Dept. WORKS-IN( P-D, JOE-SMITH) Joe Smith works in the Purchasing Department. WORKS-IN( P-D,SALLY-JONES) WORKS-IN ( P-D, PETE-S WANSON) MANAGER(S-D,HARRY-TURNER) Harry Turner is the manager of the Sales Department. WORKS-IN (S-D, MAR Y-JONES) WORKS-IN (S-D, BILL- WHITE) MARRIED (JOHN-JONES,MAR Y-JONES) In order to provide certain commonsense information about personnel concepts and to allow the set of facts to be kept concise, we might have the following rules: 223 RULE-BASED DEDUCTION SYSTEMS Rl : MA NA GER (x 9y)^> WORKS-IN ( x,y ) R2: [ WORKS-IN(χ,γ) Λ MANAGER(x.z)] ^>BOSS-OF(y,z) (A more precise formulation might also state that a person cannot be his own boss.) R3 : [ WORKS-IN ( x9y ) Λ WORKS-IN (x,z)] ^~MARRIED(y,z) (Company policy does not allow married couples to work in the same department.) R4: MARRIED(y,z)^> MARRIED(z,y) (Marriage is symmetrical. A more precise formulation might also state that persons cannot be married to themselves.) R5: [MARRIED(x,y) A WORKS-IN(P-D,x)] => INSURED-BY(x 9EAGLE-CORP) (All married employees of the Purchasing Department are insured by the Eagle Corporation.) With these facts and rules, a simple backward production system can answer a variety of questions. For these examples, we assume that the control strategy guides the generation of the AND/OR graph by pursuing a depth-first search for a consistent solution graph. In selecting a literal node within a partial solution graph to match against a B-rule consequent or fact, we assume that a look-ahead process selects that subgoal literal which has the fewest consistent matches. Those queries that can be answered without using rules are handled most simply. We show some example solution graphs in Figure 6.17. The solution graph is shown in such a way that a depth-first, left-to-right ordering of the literal nodes in the graph corresponds to the actual order in which the control regime found matches for these literals. The double-boxed nodes are fact nodes. In the second example, MAR­ RIED (y,x) has the fewest potential matches, so it is matched first. If we apply the unifying composition of the substitutions occurring in the solution graph to the query, we obtain the answer WORKS-IN (SD, MAR Y-JONES) A MARRIED (JOHN-JONES, MARY-JONES). 224 A BACKWARD DEDUCTION SYSTEM Name someone who works in the Purchasing Department. WORKS-IN(P-D,x) [JOE-SMITH/x] WORKS-IN{P-D JOE-SMITH) Name someone who is married and works in the Sales Department. [JOHN-JONES/y, MARY-JONES/x] Ü MARRIED{JOHN-JONES,MAR Y-JONES) [MARY-JONES/x] O WORKS-IN(S-D,MAR Y-JONES) Fig. 6.17 Some simple queries that can be matched directly by facts. 225 RULE-BASED DEDUCTION SYSTEMS Now let us try some more complex queries, ones that require using rules to answer. We show, in Figure 6.18, the solution graph for the query "Who is Joe Smith's Boss?" The only rule that can be applied at the beginning is rule R2. Of the resulting new literal nodes, MANAGER(xl 9zl ) has the fewest possible matches, so it is matched first. Matching this subgoal against MAN- AGER(S-D, HARRY-TURNER) cannot lead to a consistent solution graph, so ultimately the control process would have returned to try the match shown in Figure 6.18. (Notice that we have renamed the variables in rule R2 so that they are standardized apart from the goal wff.) After a solution is obtained, we can apply the unifying composition of the substitutions to the query to obtain the answer BOSS-OF(JOE- SMITH, JOHN-JO NE S ). As a more complex example, consider the request "Name someone insured by the Eagle Corporation." We show the solution graph for this query in Figure 6.19. The MARRIED(x,y1) subgoal component is solved first, and then the rule Rl is applied to WORKS-IN ( P-D, x ) to set up the solution of the other subgoal component. Applying the unifying composition to the query produces the answer INSURED-BY(JOHN- JONES, E A GLE-CORP ). [P-D/x l,JOHN-JONES/zl] MANAGER(xl,zl) WORKS-IN(xl JOE-SMITH) MAN A GER(P-D JOHN-JONES) [P-D/xl] WORKS-IN(P-DJOE-SMITH) Fig. 6.18 The solution graph for "Who is Joe Smith's boss?" 226 A BACKWARD DEDUCTION SYSTEM Suppose we wanted to ask "Is John Jones married to Sally Jones?" The system might first try to prove MARRIED (JOHN-JONES, SALLY- JONES). No matches with facts are possible, and the subgoal obtained by using rule R4 doesn't help either. When no proof can be found, it is reasonable to attempt to prove the negation of the query. The solution graph for the negated goal is shown in Figure 6.20. We can also use this example to illustrate how additional knowledge and capabilities can be added without extensive changes to the system. Suppose, for example, that we want to refine rule R5 by introducing the notion of a temporary employee. The new rule, R5\ is: R5': [MARRIED(x,y) f\WORKS-IN(P-D,x) A -TEMPORARY (x)] => INSURED-BY(x,EAGLE-CORP) {JOHN-JONES/x, MARY-JONES/yl] [P-D/x2,x/y2] MARRIED(JOHN-JONES,MAR Y-JONES) WORKS-IN(x2,y2) Rl MANAGER(P-D,x) {JOHN-JONES/x O M AN A GER(P-DJOHN-JONES) Fig. 6.19 The solution graph for "Name someone insured by the Eagle Corporation. 227 RULE-BASED DEDUCTION SYSTEMS Now we must add to our set of facts the information about whether the employees are temporary or not. We might also have an additional definitional rule: R6: PERMANENT(x)^ -TEMPORARY(x). Additional facts might now include: PERMANENT(JOHN-JONES ) TEMPORARY(SALLY-JONES) The new rules and facts have little influence on the way in which previous queries are answered. As new rules are added to a deduction system, it is important, however, to check to see that they do not conflict with older rules. For example, suppose we were to add the rule: ~MARRIED{JOHN-JONES,SALL Y-JONES) [JOHN-JONES/yl,SALL Y-JONES/zl] Fig. 6.20 The solution graph for "John Jones is Not Married to Sally Jones. ' 228 A BACKWARD DEDUCTION SYSTEM R7\ PREV-EMP(x,G-TEK) => INSURED-BY(x,METRO-CORP) (Anyone previously employed by G-TEK is insured by Metro Corporation.) We would also add facts about the previous employment of employees. With these additions it now might be possible to derive conflicting INSURED-BYs. Resolution of such conflicts can usually be obtained by making the antecedents of the rules more precise. One desirable feature involves meta-rules like "If the database does not say explicitly that an employee is temporary, then that employee is permanent." This rule makes a statement that refers to databases in addition to employees! To use rules like this, our system would need a linguistic expression that denoted its own database. Additionally, it would be desirable to have the appropriate attachments between these expressions and the computer code comprising the database. Such considerations, however, would involve us in interesting complexities slightly beyond the scope of this book. [But see Weyhrauch (1980).] 6.2.5.2. A System For Reasoning About Inequalities. Now let us turn our attention to some simple mathematics. We can use a system that reasons about inequalities to illustrate some additional points. This system will be able to show, for example, that if C > E > 0 and if B > A > 0, then [B(A + C)/E] > B. To simplify our present discus­ sion we allow only one predicate, G. The intended meaning of G(x,y) is that x is greater than y. (Sometimes we use the more familar infix notation x > y.) In this system we do not deal with equal or "less-than" relations, so we specifically exclude the negation of G. The present system is not able to perform arithmetic operations, but it is able to represent their results by functional expressions. For addition and multiplication we use the expressions plus and times. Each of these takes as its single argument a bag, that is, an unordered group of elements. Thus, plus (3,4,3) is the same as plus (4,3,3), for example. (Most importantly, the two expressions are unifiable because they are regarded as the same expression.) We let the functions "divides" and "subtracts" have two arguments because their order is important. We represent x/y by divides(x,y), and x— y by subtracts (x,y). Using this notation, a typical expression might be G[ di­ vides (times (B,plus (A, C)),E),B] which is more familiarly represented 229 RULE-BASED DEDUCTION SYSTEMS as [B(A + C)/E] > B. The reason that we are using the more cumber­ some prefix notation is to avoid possible sources of confusion when unifying terms. After one example of a deduction using prefix notation we revert to the more familiar infix convention. Our system uses rules that express certain properties of inequalities. We begin with the following set of rules: Rl: [G(xfi) A G(y,0)]^> G(times(x,y\0) that is, [(JC > 0) Λ (y > 0)] => (xy > 0) R2\ [G(JC,0)A G(y,z)] => G(plus(x 9y),z) that is, [(JC > 0) Λ (y > z)] =Φ [(JC + y) > z] R3: [G(JC,W)A G(y,z)]=> G(plus(x,y),plus(w,z)) that is, [(JC > w) A (y >Z)]=>[(JC + y) > (w + z)] R4\ [G(JC,0)A G(j>,z)]=> G(times(x,y\times(x,z)) that is, [(JC > 0) Λ (y > z)] => (jcy > JCZ) Ä5: [G(l,w) Λ G(jc,0)]^>G(jc,/z>n^(jc,w)) that is, [(1 > w) A (JC > 0)] => (Λ: > jew) R6 : G ( x,plus ( //mes ( w, z ), f/mey (j, z ))) =Φ G ( x, times (plus ( u>, j ), z )) that is, [x > (wz -h^z^^Ijc > (w + y)z] R7: [ G(JC, tf/wes(w,y)) Λ G(j,0)] => G(rfivW«(x,y), w) that is, [(JC > wy) A (y > 0)] ^> [(jc/y) > wl These, of course, are not the only rules that would be useful; in fact, we shall introduce more later. Our system uses these rules as B-rules only. Various control strategies might be used, but since the AND/OR graphs resulting from applying these rules are all relatively small, we present the entire graphs in our examples. Our first problem is to prove [B(A + C)]/E > B from the following facts: E > 0, B > 0, A > 0, C> E, and C> 0. The AND/OR graph for this problem is shown in Figure 6.21. The solution graph is indicated by heavy branches, and facts that match (sub)goals are drawn in double boxes. We note that rule R2 is used twice with different substitutions, but one of these applications leads to an unsolvable subgoal. 230 A BACKWARD DEDUCTION SYSTEM Examining the facts supporting this proof, we note some redundancy that could have been avoided by use of the transitive property of G. That is, from C > E and E > 0, we ought to be able to derive C > 0 when needed, instead of having to represent it explicitly as a fact. Such a derivation could be made from a transitivity rule: R8: [(x>y)A(y>z)]^(x>z) . G(divides(times(B,plus(A,C)),E),B) 1 I [times(B,plus(A,C))/xl, ^r E/yI,B/wl] G(divides(xl,yl),wl) G(times(B,plus(A,C)),times(B,E)) ^ [B/x2,plus(A,C G(times(x2,y2),times(x2,z2)) G(B,0) I G(B,0) R4 ^ {A lx 5,C/y5,E/z5] R7 ^V. )ly2,E/z2] G(plus(A,C),E) s G(plus(x5,y5),z5] / 1 G(A,0) ^ i_ 1 GO4,0)| R2 ^ \ G(C.E) ^l 1 Ie V |G(C,£-)| [c G(E,0) Ϊ G(E,0) ^[C/x6 tA/y6 tE/z6] G(plus(x6,y6),z6) / KC.O) V r(C0) | R2 \ G(A,E) no successors Fig. 6.21 The AND/OR graph for an inequality problem. 231 RULE-BASED DEDUCTION SYSTEMS Comparing R8 with the other rules, we note that its use is relatively unconstrained; it contains too many variables unencumbered by func­ tions. Thus, it can participate in too many matches and will tend to get applied too often. Used as a B-rule, the consequent of R8, namely, G(x,z), matches any subgoal produced by our system. Clearly, we don't want to use transitivity at every step. Fortunately, there are ways to structure data so that special relations like transitivity can be implicitly encoded in the structure. For example, if the facts expressing an ordering relation are stored as nodes in a lattice-like structure, the desired consequences of transitivity (of the ordering) result automatically from simple computations on the lattice. These computations can be viewed as procedural attachments to the predicate denoting the ordering relation. Let us consider a more difficult proof. From B > 1, 1 > A, A > 0, C> Z), and D > 0, prove: (3u)[(Au + Bu)>D]. Also, from among the constants named in the facts, we would like an example of the u that satisfies the theorem. Let us assume that the facts are stored in a lattice-like structure that makes the following derived facts readily évaluable: B > A, B > 0, 1 > 0, and C > 0. In the following example, we assume that any of these facts can be used as needed. The system first attempts to apply B-rules to the main goal. Only rule R2 is applicable, but there are two alternative substitutions that can be used. For brevity, let's follow the derivation along just one of them. (The other one leads very quickly to some unsolvable subgoals, as the reader might want to verify for himself.) Using just the rules Rl through R7, our system would generate the AND/OR graph shown in Figure 6.22. Note the subgoal (Bu > D) marked by an asterisk (*). No rules are applicable to this goal, so our present system would fail on this problem. What can be done to extend the power of the system? Here again we see an example in which the power of a production system can be extended in an evolutionary manner without extensive redesign. We can add the following rule to our system: 232 A BACKWARD DEDUCTION SYSTEM R9: [{y> 1) Λ (x> z)] => (jcy > z) . This rule is applicable to the goal (Bu> D\ and its presence does not otherwise greatly diminish the efficiency of the system. [The reader may want to investigate the effect of R9 on the AND/OR graph of Figure 6.21. Its presence allows some additional—but ultimately fu­ tile—matches to the subgoal G ( times ( B, plus (A, C )), times ( B, E ))]. In Figure 6.23, we show the AND/OR graph produced by rule applications below Bu > D. Note that there are two 2-connectors below the top node. The left-hand one is futile, but the right-hand one is successful, with C substituted for u. We note that in Figure 6.22 the substitution { C/u } is one of the ones permitted under the goal u > 0. Thus our proof is complete, and a value oft/ that satisfies the theorem is u = C. (Au+Bu)>D {Au/x,Bu/y,D/z) [Bu/xl,Au/yl.D/zl] (x+y)>z (xl+yl)>zl R2 R2 Au>0 {A/x2,u/y2} Bu>D Bu>0 Au>D [u/x3,A/yS} x2y2 > 0 x3y3 > 0 Fig. 6.22 A partial solution graph. 233 RULE-BASED DEDUCTION SYSTEMS {B/x,u/y,D/z} {B/yl,u/xl,D/zl} [Blu] [C/u] Fig. 6.23 Subgoals produced by the new rule. Some additional extensions to our inequality reasoning system would increase its power further. One of the facts provided in our last example was (1 > 0). We should not have to represent all possible inequalities between numbers as facts. What is needed is an attachment to a "greater-than" computation that would allow evaluation of ground instances of G literals. There should also be attachments to arithmetic programs so that G(\0,A ) could be substituted for G (plus (3,7), A ), for example. A means should be provided to simplify algebraic expressions and to handle equality predicates. Some of the mechanisms for efficiently implementing improvements such as these depend on techniques to be discussed at the end of this chapter. 6.3. "RESOLVING" WITHIN AND/OR GRAPHS The backward system we have described is not able to prove valid or tautological goal expressions such as^PVP) unless it can prove ~P or P separately. Neither can the forward system recognize contradictory fact expressions such as (~P Λ P). In order for these systems to overcome these deficiencies, they must be able to perform intragoal or intrafact inferences. 234 "RESOLVING" WITHIN AND/OR GRAPHS Let us describe how certain intragoal inferences might be performed. Consider, for example, the following expressions used by a backward system: Goal [P(*,y)VQ(x,y)]A V(x,y) Rules Rl: [R(v)AS(u,B)]^>P(u,v) R2: [~S(A,s)A W(r)] => Q(r,s) Facts R(B)A W{B)A V(A,B)A V(B,B) After rules Rl and R2 have been applied, we have the AND/OR graph shown in Figure 6.24. This graph has two complementary literals whose predicates unify with mgu {A/x, B/y). We indicate this match in Figure 6.24 by an edge between the nodes representing the complementary literals. The edge is labeled by the mgu. The (goal) clause form of the expressions represented by this AND/OR graph include the clauses: V(x,y)AR(y)AS(x,B) and V(x,y) A W(x) A ~S(A,y). If we were to perform a goal resolution (on S) between these two clauses (after standardizing variables apart), we would obtain the (goal) resol­ vent: V(A 9y)AR(y)A V(t,B) A W{t) . We mentioned at the beginning of this chapter that the AND/OR graph representation for an expression is slightly less general than clause form because variables in the AND/OR graph cannot be fully standard­ ized apart. This constraint makes it difficult to represent, with full generality, the expressions that can be obtained by resolving goal subexpressions. 235 RULE-BASED DEDUCTION SYSTEMS Fig. 6.24 An AND/OR graph with complementary literal nodes. One way to represent a resolution operation performed between two goal clauses is to connect a literal in one partial solution graph with a complementary literal in another (as we have done in Figure 6.24). We take this connected structure to represent the clauses composed of the literal nodes in the pairs of all solution graphs (terminating in literal nodes) thus joined. We associate with a paired solution graph a substitution that is the unifying composition of the substitutions in each member of the pair plus the substitution associated with the match between the complementary literals. The substitution associated with a paired solution graph (terminating in literal nodes) is applied to its terminating literal nodes to obtain the clause that it represents. Thus, the structure of Figure 6.24 includes a representation for the clause: R(B)A W{A)/\ V(A,B). This clause is not as general as the one we obtained earlier by goal resolution between goal clauses whose variables had been standardized apart, and this restricted generality can prevent us from finding certain 236 "RESOLVING" WITHIN AND/OR GRAPHS proofs. (The expression [R(B) A W{A ) Λ V(A,B)] cannot be proved from the facts that we have given, whereas the expression [V(A,y) A R(y) A V(t,B) Λ W(t)] can.) We might say that this operation, of matching complementary pairs of literals in AND/OR goal graphs, is a restricted goal resolution (RGR). To use RGR in a backward production system, we must modify the termination criterion. We can assume, for the purposes of finding candidate solution graphs, that literals joined by an RGR match edge are terminal nodes. A pair of partial solution graphs thus joined constitutes a candidate solution if all of its other leaf nodes are terminal (that is, if they are either goal nodes or if they participate in other RGR matches). Such a candidate solution graph is a final solution graph if its associated substitution is consistent. In our example, matching the remaining nonterminal leaf nodes of Figure 6.24 with facts fails to produce a consistent solution graph because the solution of this problem requires more generality than can be obtained by applying RGR to the AND/OR graph representation of the goal expression. The required generality can be obtained in this case by multiplying out the goal expression into clauses and standardizing the variables apart between the two clauses, producing the expression: [P(xl,yl) A V(xl,yl)] V [Q(x2,y2) A V(x2,y2)] . Now this expression can be represented as an AND/OR graph, and rules and RGR can be applied to produce the consistent solution graph shown in Figure 6.25. The unifying composition associated with this solution includes the substitution {B/yl,A/xl,B/x2,B/y2). Applying this sub­ stitution to the root node of the graph yields the answer statement: [P(A 9B)] A V(A,B)] V[Q(B,B) A V(B,B)] . To avoid conflicting substitutions when using RGR, it is sometimes necessary to multiply out part or all of the goal expression into clause form. A reasonable strategy for deduction systems of this type might be to attempt first to find a proof using the original goal expression. If this attempt fails, the system can convert (part of) the goal expression to clause form, standardize variables, and try again. In the example above, we had to multiply out the entire goal expression into clause form in order to find a proof. In general, it suffices to multiply out just that subexpres­ sion of the goal that contains all of the occurrences of the variables that 237 oo [P{xl,yl) A V(xl,yJ)] V [Q(x2,y2) A V(x2,y2)] P{xl,yl)AV{xl,yl) Q(x2,y2) A V{x2,y2) P(xl,yl) {xllu,yl/v} [A/xJ.B/yl] V{xl,yl)\ \Q(x2,y2) <Jr {x2/r,y2/s} V(A,B) S(xl.B) Q(r,s) \R2 w ~S(A.v2)\ {A/xl,B/y2} Fig. 6.25 A solution graph using RGR. V(x2,y2) [B/x2,B/y2] 7* r w 03 w a a w a n H δ z < H W C/3 "RESOLVING" WITHIN AND/OR GRAPHS need renaming. These variables are those for which substitution incon­ sistencies were detected in the first proof attempt. Comparing Figure 6.24 and Figure 6.25 reveals that the second proof attempt can be guided by the structure of the first. We can sometimes avoid multiplying out into clause form by using conditional substitutions. The idea of conditional substitutions is impor­ tant in program synthesis applications. A conditional substitution is one that contains a conditional expression. The conditions that we use in conditional substitutions are ones based on a complementary pair of unifiable literals in alternative partial solution graphs. For example, in Figure 6.24, the literals S ( x, B ) and ~ S ( A ,y ) are in two different partial solution graphs and their predicates unify with mgu {A/x 9B/y}. Applying this mgu to S(x,B) yields S(A,B); applying it to ~S(A 9y) yields ~S(A,B). We could match the node labeled by S(x,B) with a fact node if S (Α,Β) had value T. In a sense, the conditional substitution ((if S(A,B), thcnA/x)} unifies S(x,B) with T. Also, the conditional substitution ((if ~ S(A,B), then B/y)} unifies ~ S(A,y) with T. Using these two substitutions permits us to find the two consistent solution graphs shown in Figure 6.26. The unifying composition of the substitutions in the graph on the left includes the substitution ((if S(A,B\A/x,B/y)}. The unifying composition of the substitutions in the graph on the right includes the substitution ((if ~S(A,B),B/y,B/x)}. Since either S(A,B) or ~S(A,B) must be true, we can combine these two solutions into one, with the unifying composition {B/y, (if S(A,B), A/x; else B/x)}. Such a substitution might well provide a useful answer statement to associate with the goal wff if S (A, B ) is a literal that can be evaluated by the user at the time the answer is needed. Dual processes could be described for restricted resolutions within AND/OR graphs representing facts, but we omit an explicit description because we do not usually expect to encounter contradictions among the facts of an AI system. (Tautologies among goals or subgoals is more common.) In the next section, we show how we can make use of the version of RGR using conditional expressions in systems that synthesize computer programs. First, though, we describe an alternative method for dealing with implicational goal wffs. Ordinarily we convert a goal wff of the form P1^>P2 to its AND/OR form (~PI V P2). Suppose, for simplicity, 239 RULE-BASED DEDUCTION SYSTEMS {Β/χ,Β/y} I R(B) 1 T T W(B) Fig. 6.26 Two solution graphs with conditional substitutions. that PI is a literal. If the system then generates some subgoal of P2 that contains the literal PI, it can use RGR between ~P1 and PL An alternative treatment of a goal of the form PI => P2 involves converting this goal to the subgoal P2 while adding PI to the set of facts that can be used in proving P2 or its subgoals. Then, if the system generates PI as a subgoal of P2, this subgoal can be matched against the assumed fact PL The process of converting goal antecedents to assumed facts can be applied repeatedly so long as the subgoals contain implications, but the system must maintain a separate set of assumed facts for each subgoal 240 COMPUTATION DEDUCTIONS AND PROGRAM SYNTHESIS that is created in this manner. Also, the goal antecedents must be in the form of a conjunction of literals, because we are still restricted to fact expressions ofthat form. The logical justification for treating an implicational goal in this manner rests on the deduction theorem of logic, which states that if W2 logically follows from Wl, then Wl => W2 is valid. We have occasion to use this method in one of the examples in the next section. 6.4. COMPUTATION DEDUCTIONS AND PROGRAM SYNTHESIS We next show how backward, rule-based deduction systems can be used for performing computations and for synthesizing certain kinds of computer programs. For such applications, we use a predicate calculus expression to denote the relationship between the input and output of the computation or of the program to be synthesized. For example, suppose the input to a program is denoted by the variable "x," and the output is denoted by the variable "j." Now suppose that we want to synthesize a program such that the relationship P holds between input and output. We can state the synthesis problem as the problem of finding a constructive proof for the expression Çix)(3y)P{x,y). If we prove that such a y exists by one of our theorem-proving methods, then we can exhibit y as some composition of functions of x. This composition of functions is then the program that we wished to synthesize. The elementary functions comprising the composition are the primitives of the particular programming language being used. "Pure" LISP is a convenient language for this sort of approach because its operations can all be defined in terms of functional expressions. Let us illustrate this approach by some examples. First, we show how we might compute an expression that bears a given relation to a given input expression. Then we illustrate how a recursive program can be synthesized for arbitrary inputs. Suppose we simply want to reverse the list (1,2). That is, we want a computation that takes the list (1,2) as input and produces the list (2,1) as output. We show how a rule-based deduction system can perform this 241 RULE-BASED DEDUCTION SYSTEMS computation. First, we specify the relationship between input and output by a two-place predicate "REVERSED" whose arguments are terms denoting lists. REVERSED is defined, in turn, in terms of other predicates and primitive LISP expressions. We adopt the convention used in LISP for representing lists as nested dotted pairs. In LISP notation, the list (A,B,C,D), for example, is represented as A.( B.( C.{ D.NIL ))). The dots can be regarded as a special infix function symbol whose prefix form we call cons. Thus, the prefix form of A.B is cons (A, B). We prefer the prefix form because that is the form we have been using for functional terms in our predicate calculus language. Using this convention for representing lists, we show how the desired computation can be performed by a system that attempts to prove the goal expression: (By ) RE VERSED ( cons ( 1, cons (2, NIL )),y ). In specifying rules and facts to use in our proof, we use the three-place predicate "APPENDED:9 APPENDED (x,y,z) has the value T just when z is the list formed by appending the list x onto the front of the list y. [For example, appending the list (1,2) onto the list (3,4) produces the list (1,2,3,4).] The facts that we need in proving the goal expression are: El: REVERSED(NIL,NIL) F2: APPENDED(NIL,xl,xl) We express certain relationships involving REVERSED and AP­ PENDED by the following rules: Rl: APPENDED(x2 9y2,z2) => APPENDED(cons(ul,x2),y2,cons(ul, z2)) R2: [REVERSED (x3,y3) Λ APPENDED (y3,cons(u2, NIL ), vl )] => RE VERSED ( cons ( u2, x3 ), vl ) Rule Rl states that the list created by appending a list, whose first element is ul and whose tail is x2 9 to a listy2 is the same as the list created by adding the element ul to the front of the list formed by appending x2 242 COMPUTATION DEDUCTIONS AND PROGRAM SYNTHESIS to y2. Rule R2 states that the reverse of a list formed by adding an element u2 to the front of a list x3 is the same as appending the reverse of x3 onto the list consisting of the single element u2. Let us show how a backward production system might go about reversing the list (1,2) given these facts and B-rules. We do not attempt to explain here how a control strategy for this system might efficiently decide which applicable rule ought to be applied. Much of the control knowledge needed to make these sorts of choices intelligently is special to the domain of automatic programming and outside the scope of our present discussion of general mechanisms. We first look for facts and rules that match the goal RE­ VERSED (cons(1,cons(2,NIL)\y). We can apply B-rule R2 with mgu (l/w2, cons(2,NIL)/x3,y/vl }. Applying this mgu to the antecedent of R2 yields new literal nodes labeled by RE VERSED ( cons (2, NIL \y3 ) and APPENDED(y3,cons(\,NIL\y) . We can apply B-rule R2 to the subgoal RE VERSED ( cons (2, NIL ),y3 ), creating two new literal nodes. (We rename the variables in R2 before application to avoid confusion with the variables used in the previous application.) A consistent solution graph for this problem is shown in Figure 6.27. The output expression that results from this proof is obtained by combining substitutions to find the term substituted for y, namely, cons(2,cons(\,NIL)). This expression represents the list that is the reverse of the input list (1,2). It is interesting to compare the computations involved in the search for the proof shown in Figure 6.27 with the computations involved in executing the following LISP program for reversing an arbitrary list: reverse(x): ifnull(x), NIL else, append(reverse(cdr(x)), cons(csir(x) y NIL))) 243 RULE-BASED DEDUCTION SYSTEMS {cons(ul,x2)/y3,cons{l,NIL)ly2, cons(ul,z2)/y) REVERSED(cons(u3,x4),v2) APPENDED(cons{ul ,x2\y2,cons{ul ,z2)) R2 RÌ REVERSED(NIL,y4) {NIL/y4} APPENDED(x2,cons(l ,NIL\z2) APPENDED(y4,cons(2,NIL ),y3) REVERSED(NIL,NIL) [NIL/x2,cons(l,NIL)/x5, cons(l,NIL)/z2] APPENDED(NIE,x5,x5) {NIL/y4,cons(2,NIL)/xl,cons(2,NIL)/y3} APPENDED(NIL,xl,x 1 ) Fig. 6.27 The solution graph for reversing a list. 244 COMPUTATION DEDUCTIONS AND PROGRAM SYNTHESIS append(x,j>): if null(jc),j else, cons(car(x), append(cdr(x),^)) If the search process of our backward production system is sufficiently well-guided by an appropriate control strategy, then the steps in the search process correspond quite closely to the steps involved in executing the LISP program on the input list (1,2). We can control the production system search process by specifying which applicable fact or rule should be used at any stage, and in which order, to solve the component subgoals. A "language" for specifying this control information can be based on conventions about the order in which rules and facts are tested for possible matches and the order in which literals appear in rule antecedents. When a rule or fact must be selected for use, we select the first one in this ordering that can be matched. When a subgoal component must be selected for solution, we select according to the ordering in which literals are written in rule antecedents. It turns out that the order (FI, F2, RI, R2 ) for rule and fact matching and the order in which we have written the antecedents of rules Rl and R2 provide a very efficient control strategy for our example problem. With this control strategy, the steps performed in the search process for a proof mirror almost exactly the computational steps of executing the LISP program. To see the parallel, let us trace out just a few steps of the search process. Beginning with the goal RE VERSED ( cons ( 1, cons (2, NIL )), y ), we first check (in the order FI, F2, RI, R2 ) for a match. There might be a match against Fl, so we check to see if cons(\,cons(2,NIL)) unifies with NIL. [Compare with if null(x ) in the program.] Failing this test, we check for a match against the consequent of R2. This test involves matching cons ( u2, x3 ) against cons ( 1, cons (2, NIL )). This match succeeds with the substitution {1 /u2, cons (2, NIL )/x3}. [Compare with computing car(x) and cdr(jc) in the second line of the reverse program.] The first subgoal component [namely, REVERSED (cons(2, NIL),y)\ of the antecedent of R2 is worked on first. [Compare with the recursive call to reverse(cdr(x )) in the program.] Again, we check for a match against F I by checking to see if cons (2, NIL) equals NIL. Failing in this test again, we pass to another level of subgoal generation in the proof search (and of recursion in the program). At this level, we succeed in our match against Fl (with mgu {NIL/y4}), so we work on the next subgoal ΛΡ- 245 RULE-BASED DEDUCTION SYSTEMS PEND ED (y4, cons (2, NIL ), y 3 ). [In the program, we call the subroutine append(N/L,cons(2,JV7L)).] This same parallelism holds between the rest of the proof search and the program. In many cases, it is possible to control the search process sufficiently so that it mimics efficient computation, and, for this reason, it has been said that computation is controlled deduction [Hayes (1973b)]. In fact, a programming language, called PROLOG, is based on this very idea. PROLOG "programs" consist of a sequence of "facts" and "rules." The rules are implications just like our rules except that, in PROLOG, the rule antecedents are restricted to conjunctions of literals. A program is "called" by a goal expression. The fact and rule statements in the program are scanned to find the first match for the first component in the goal expression. The substitutions found in the match correspond to variable binding, and control is transferred to the first subgoal compo­ nent of the rule. Thus, the "interpreter" for a PROLOG program corresponds to a backward, rule-based production system with very specific control information about what to do next. (The PROLOG interpreter is a bit less flexible than our backward system, because in PROLOG the substitutions used in matching one literal of a conjunctive subgoal are straightaway applied to the other conjuncts. The subgoal instances thus created might not have solutions, so PROLOG incorpo­ rates a backtracking mechanism that can try other matches.) The example that we have been considering has involved a fixed input list, namely, (1,2). If this fixed list were different, the theorem-proving system would have produced a different proof and a different answer. (Presumably, though, our PROLOG program would continue to func­tion analogously to the general LISP program.) Rather than perform the search process each time we "run the program" (even though, ap­parently, this search can be made quite efficient), we are led to ask if we could automatically synthesize one general program (like the LISP one, for example) that would accept any input list. To do so we must find a proof for the goal: (Vx)(3y) REVERSED (x,y). (Of course, we don't literally mean "for all x" because the program doesn't have to be defined for all possible inputs. We only require that it be defined for lists. We could have expressed this input restriction in the formula to be proved, but our illustrative example is simpler if we merely assume that the domain of x is limited to lists.) 246 COMPUTATION DEDUCTIONS AND PROGRAM SYNTHESIS Since we already know that the final program for any given input list has a repetitive character, we might guess that the program we are seeking for arbitrary input lists is recursive. The introduction of recursive functions in program synthesis comes about by using mathematical induction in the proof. It turns out that in reversing a list by using an append function, we have double recursion, once in reverse and once in append. As a simpler example, let's consider just the problem of producing a program to append one list to (the front of) another. That is, our goal is to prove: (\/x)(Vy)(3z)APPENDED(x,y,z). In this case, we have two input lists, x and y, and one output list, z. Skolemizing the goal wff yields APPENDED(A,B,z) 9 where A and B are Skolem constants. To prove this goal, we'll need fact F2 and rule Rl from our previous example. (The presence of the other unneeded fact and rule does no harm, however.) Our explanation of this example is simplified if we re-represent Fl and Rl as the following rules: R3: NULL(u)^APPENDED(u,xl,xl) R4: [~NULL(v)f\APPENDED(cdr(v) yyO,zl)] ^>APPENDED(v 9yO,cons(car(v),zl)) In these expressions, we introduce the primitive LISP functions, namely, cons, car, and cdr, out of which our program will be constructed. These LISP expressions could have been introduced instead by the rule ~NULL(x)=> EQUAL(x, cons (car(x%cdr(x))) . This alternative, however, would have involved us in some additional complexities regarding special techniques for using equality axioms. We avoid these difficulties, and simplify our example, by using rules R3 and R4 instead. The needed equality substitutions are already contained in these rules. As already mentioned, to synthesize a recursive program using theorem-proving methods requires the use of induction. We use the 247 RULE-BASED DEDUCTION SYSTEMS method of structural induction for lists. To do so, we need the concept of a list as a sublist of a given list. This relation is denoted by the predicate SUBLIST(u,x). The principal property of SUBLIST on which our inductive argument depends can be expressed as the rule: R5: ~NULL(x)=> SUBLIST(cdr(x),x)) , that is, the tail of any nonempty list, JC, is a sublist of x. To prove (Vyl)(\fy2)(3zl)APPENDED(yl,y2,zl), using structural induction for lists, we would proceed as follows: 1. Assume the induction hypothesis (Vw7 )(Vw2 )[ SU BUST {ul,xl ) =>(3z2)APPENDED(ul,u2,z2)] . That is, we assume our goal expression true for all input lists ul and u2 such that ul is a sublist of some arbitrary list xl. 2. Next, given the induction hypothesis, we attempt to prove our goal expression true for all input lists xl and x2 where xl is the arbitrary list of the induction hypothesis. If step 2 is successful, then our goal expression is true for all input lists, yl andy2. We can capture this argument in a single formula, which we call the induction rule. {(Vxl)(\/x2) {(Vul )(Vw2 )[ SUBLIST {ul 9xl ) => (3z2)APPENDED ( «7, u2,z2)]} ^> (3z3)APPENDED(xl,x2,z3)} ^> (Vyl )(\fy2)(3zl )APPENDED(yl 9y29zl ) Although this rule looks rather complicated, we use it in a straightfor­ ward manner. Ignoring quantifiers, the rule is of the form: \{A^>C1)^C2]^>C3 . 248 COMPUTATION DEDUCTIONS AND PROGRAM SYNTHESIS We will be using this rule as a B-rule to prove C3. Such a use creates the subgoal of proving \{A^>C1)^>C2). We elect to prove this subgoal by proving C2 while having available (only for use on C2 and its descendant subgoals) the B-rule {A =4> Cl ). (This manner of treating an implicational goal was discussed earlier. Now, however, rather than assume the goal's antecedent as a.fact, we assume it as a rule.) A diagram that illustrates this strategy is shown in Figure 6.28. Alternatively, we could transform the antecedent of the induction rule into AND/OR form and use the rule to create the subgoal [(A Λ ~C1) V C2]. This use of the induction rule is entirely equiva­ lent, but it is a bit less intuitive and more difficult to explain, because an RGR step between ~ Cl and C2 would ultimately be required to prove the subgoal. The induction rule can be Skolemized as follows: {[SUBLIST(ul,Al)^>APPENDED(ul,u2 9skl(ul,u2))] => APPENDED(Al 9A29z3)} =>APPENDED(yl 9y2,sk2(yl,y2)) . Note the Skolem constants and functions Al,A2 9skl, and sk2. The program that we seek will, in fact, turn out to be either of the Skolem functions ski or sk2. Thus, it is reasonable now to represent both of them by the single function symbol append. With this renaming, our induction rule, in the form in which we use it, is: RI: {[SUBLIST(ul,Al) =» APPENDED ( ul9 u2 9 append(ul, u2 ))] =Φ APPENDED(Al,A2 9z3)} => APPENDED (yl,y2 9append(yl,y2)) . C3 The B-rule A=>C1 can be used on this goal or on any of its descendants Fig. 6.28 Using the induction rule. 249 RULE-BASED DEDUCTION SYSTEMS NULL(A) [A/v.B/yO. cons(car(A),zI )/z] APPENDED(v.y(),cons(car{r),zl)) note appropriateness of RJ {A/yl.B/y2. append (A,B)/z] V APPENDED {y 1,y 2,append tv 1 ,y2 )) RI APPENDED(Al,A2,z3) below this node we can use the rule /?/' SUBLIST(ul,Al)=> APPENDED(ul,u2,append(ul,u2)) (continued on next page) Fig. 6.29 A search graph for the APPENDED problem. 250 COMPUTATION DEDUCTIONS AND PROGRAM SYNTHESIS (continued from preceding page) [AI/u.A2/xl,A2/z. {AJ/v,A2/yO,cons(car(Al),zl))/z3} {cdr(Al)/ul,A2/u2, append(cdr(Al),A2)/zl} APPENDED(ul,u2,append(ul,u2)) ' RÎ r SUBLIST{cdr(Al),Al) ^ SUBLIST(cdr(x),x) R5 -NULL (Al) 251 RULE-BASED DEDUCTION SYSTEMS An AND/OR search graph for the problem of proving AP- PENDED(A,B,z) is shown in Figure 6.29. In our example, search begins by applying rules R3 and R4 to the main goal. One of the subgoals produced by R4 is recognized as similar to the main goal. Producing a subgoal having this sort of similarity suggests, to the control strategy, the appropriateness of applying the induction rule, RI, to the main goal. (Of course, it is logically correct to apply the induction rule to the main goal at any time. Since proof by induction is relatively complicated, the induction rule should not be used unless it is judged heuristically appropriate. When a straightforward proof attempt produces this sort of "instance" of the main goal as a subgoal, induction is usually appro­ priate.) Applying RI to the main goal produces the subgoal AP­ PENDED (Al, A2,z3) and the rule: RF: SUBLIST(ul,Al)^APPENDED(ul,u2,append(ul,u2)). This rule can be used only in the proof of APPENDED (Al, A2,z3 ) or its subgoals. Next, the control strategy applies the same rules as were applied earlier to the main goal (namely, R3 and R4) to the subgoal produced by the induction rule. Ultimately, two différent solution graphs are produced that are complete except for the occurrence of NULL(Al) in one and ~NULL(A1) in the other. An RGR step completes the solution and yields the conditional substitution: {(if mx\\(Al),A2/z3\ else cons ( car (Al ), append(cdr (Al ),A2))/z3 )} . This substitution produces a term for variable z3, which occurred in a subgoal of the maingoal. This subgoal, which we have now proved, is APPENDED(Al,A2,(if nu\l(Al ), A2 ; else cons ( car (Al), append ( cdr (A1),A2 )))) . Since Al and A2 are Skolem constants originating from universal variables in a goal expression, they can be replaced by universally quantified variables when constructing an answer. Thus, we have proved: (Vx7 )(Vx2)APPENDED(xl,x2,(if null(xl), x2 ; else cons ( car (xl), append ( cdr (xl),x2 )))) . 252 A COMBINATION FORWARD AND BACKWARD SYSTEM Now we recognize that the third argument of APPENDED in the above expression is a recursive program satisfying our input/output condition. There are many subtleties involved in using induction in program synthesis. A full account of the process is beyond the scope of this book and would involve an explanation of methods for constructing auxiliary functions, recursion within recursive programs, and the use of induction hypotheses that are more general or "stronger" than the theorem to be proved. The special induction rule for APPENDED that we used in our example could be replaced by more general structural induction rule schémas. These would use well-founded ordering conditions more general than SUBLIST [see Manna and Waldinger (1979)]. 6.5. A COMBINATION FORWARD AND BACKWARD SYSTEM Both the forward and the backward rule-based deduction systems had limitations. The backward system could handle goal expressions of arbitrary form but was restricted to fact expressions consisting of conjunctions of literals. The forward system could handle fact expres­ sions of arbitrary form but was restricted to goal expressions consisting of disjunctions of literals. Can we combine these two systems into one that would have the advantages of each without the limitations of either? We next describe a production system that is based on a combination of the two we have just described. The global database of this combined system consists of two AND/OR graph structures, one representing goals and one representing facts. These AND/OR structures are initially set to represent the given goal and fact expressions whose forms are now unrestricted. These structures are modified by the B-rules and F-rules, respectively, of our two previous systems. The designer must decide which rules are to work on the fact graph and which are to work on the goal graph. We continue to call these rules B-rules and F-rules even though our new production system is really only proceeding in one direction as it modifies its bipartite global database. We continue to restrict the B-rules to single-literal consequents, and the F-rules to single-literal antecedents. 253 RULE-BASED DEDUCTION SYSTEMS The major complication introduced by this combined production system is its termination condition. Termination must involve the proper kind of abutment between the two graph structures. These structures can be joined by match edges at nodes labeled by literals that unify. We label the match edges themselves by the corresponding mgus. In the initial graphs, match edges between the fact and goal graphs must be between leaf nodes. After the graphs are extended by B-rule and F-rule applica­ tions, the matches might occur at any literal node. After all possible matches between the two graphs are made, we still have the problem of deciding whether or not the expression at the root node of the goal graph has been proved from the rules and the expression at the root node of the fact graph. Our proof procedure should terminate only when such a proof is found (or when we can conclude that one cannot be found within given resource limits). One simple termination condition is a straightforward generalization of the procedure for deciding whether the root node of an AND/OR graph is "solved." This termination condition is based on a symmetric relationship, called CANCEL, between a fact node and a goal node. CANCEL is defined recursively as follows: Two nodes n and m CANCEL each other if one of ( n, m ) is a fact node and the other a goal node, and if n and m are labeled by unifiable literals, or n has an outgoing fc-connector to a set of successors {s {}, such that CANCEL{s {,m) holds for each member of the set. When the root node of the goal graph and the root node of the fact graph CANCEL each other, we have a candidate solution. The graph structure, within the goal and fact graphs, that demonstrates that the goal and fact root nodes CANCEL each other is called a candidate CANCEL graph. The candidate solution is an actual solution if all of the match mgus in the candidate CANCEL graph are consistent. As an example, we show the matches between an initial fact graph and an initial goal graph in Figure 6.30. A consistent candidate CANCEL 254 A COMBINATION FORWARD AND BACKWARD SYSTEM Initial ^Goal Graph Initial y Fact Graph Fig. 6.30 An example CANCEL graph. 255 RULE-BASED DEDUCTION SYSTEMS graph is indicated by the darkened arcs. The mgus of each of the fact-goal node matches are shown next to the match edges, and the unifying composition of all of these mgus is {f(A )/v,A/y). Note that our CANCEL graph method treats conjunctively related goal nodes correctly. Each conjunct must be proved before the parent is proved. Disjunctively related fact nodes are treated in a similar manner. In order to use one member of a disjunction in a proof, we must be able to prove the same goal using each of the disjuncts separately. This process implements the "reasoning-by-cases" strategy. As the AND/OR search graphs are developed by application of B-rules and F-rules, substitutions are associated with each rule applica­ tion. All substitutions in a solution graph, including the mgus obtained in rule matches and the mgus obtained between matching fact and goal literals, must be consistent. Goal Graph H H Ξ 0 0 f B X 1 1 sx^ (B VC) / c J k A A (B VC)A D\ 0 Fact Graph Fig. 6.31 The termination check fails to detect a proof. 256 CONTROL KNOWLEDGE FOR RULE-BASED DEDUCTION SYSTEMS We note that pruning the AND/OR graphs by detecting inconsistent substitutions may be impossible in systems that use both B-rules and F-rules because, for these, both the fact and goal graphs change dynamically, making it impossible to tell at any stage whether all possible matches have already been made for a given literal node. Also, when using F-rules and B-rules simultaneously, it may be important to treat the appropriate instances of solved goals as facts, so that F-rules can be applied to them. (A solved goal is one that is CANCELltd by the root node of the fact graph.) The termination condition we have just described is adequate for many problems but would fail to detect that the goal graph follows from the fact graph in Figure 6.31. A more general sort of "fact-goal" resolution operation would be needed for this problem than that embodied in our simple CANCEL-bascd termination check. An alternative way of dealing with both arbitrary fact and goal expressions is to use a (unidirectional) refutation system that processes facts only. The goal expression is first negated and then converted to AND/OR form and conjoined with the fact expression. F-rules, the contrapositive forms of B-rules, and restricted resolution operations are then applied to this augmented fact graph until a contradiction is produced. 6.6. CONTROL KNOWLEDGE FOR RULE-BASED DEDUCTION SYSTEMS Earlier we divided the knowledge needed by AI systems into three categories: declarative knowledge, procedural knowledge, and control knowledge. The production systems discussed in this chapter make it relatively easy to express declarative and procedural knowledge. Experts in various fields such as medicine and mathematics, who might not be familiar with computers, have found it quite convenient and natural to express their expertise in the form of predicates and implicational rules. Nevertheless, there is still the need to supply control knowledge for deduction systems. Efficient control strategies for the production systems we describe might need to be rather complex. Embedding these strategies into control programs requires a large amount of programming 257 RULE-BASED DEDUCTION SYSTEMS skill. Thus, there is the temptation to leave the control strategy design entirely to the AI expert. But much important control knowledge is specific to the domain in which the AI program is to operate. It is often just as important for the physicians, chemists, and other domain experts to supply control knowledge as it is for them to supply declarative and procedural knowledge. There are several examples of control knowledge that might be specific to a particular application. Separating the rules into B-rules and F-rules relieves the control strategy of the burden of deciding on the direction of rule application. The best direction in which to apply a rule sometimes depends on the domain. As an example of the importance of the direction in which a rule is applied, consider rules that express taxonomic information such as "all cats are animals," and "all dogs are animals": CAT(x)^>ANIMAL(x) DOG(x)=ïANIMAL(x) If we had several such rules, one for each different type of animal, it would be extremely inefficient to use any of them in the backward direction. That is, one should not go about attempting to prove that Sam, say, is an animal by first setting up the subgoal of proving that he is a cat and, failing in that, trying the other subgoals. The taxonomic hierarchy branches out too extensively in the direction of search. Whenever possible, the direction of reasoning ought to be in the direction of a decreasing number of alternatives. The rules above can ^afely be used in the forward direction. When we learn that Sam is a cat, say, we can efficiently assert that he is also an animal. Following the hierarchy in this direction does not lead to a combinatorial explosion because search is pinched off* by the ever-narrowing number of catego­ ries. The contrapositive form of CAT(x)=$>ANIMAL(x) is ~ANI- MAL(x)^> ~CAT(x). This rule should be used in the backward direction only. That is, to prove that Sam is not a cat, it is efficient to attempt to prove that he is not an animal. Again, search is pinched off by the narrow end of the taxonomic hierarchy. There is other important control information that might depend on the domain. In a rule of the form [PI A P2 A ... Λ PN] => Q, used as a 258 CONTROL KNOWLEDGE FOR RULE-BASED DEDUCTION SYSTEMS B-rule, the domain expert may want to specify the order in which the subgoals should be attacked. For each of these subgoals, he may further want to specify explicitly a set of B-rules to be used on them and the order in which these B-rules should be applied. Similarly, whenever a rule of the form P => [ Ql Λ ... Λ QN] is used as an F-rule, he may want to specify an additional set of F-rules that can now be applied and the order in which these F-rules ought to be applied. It may be appropriate for the control strategy to make other tests before deciding whether to apply a B-rule or an F-rule. In an earlier example, the transitivity of the "greater-than" predicate played an important role. It would typically be inefficient to apply a transitivity rule in the backward direction; but there may be specific cases in which it is efficient to do so. Recall that the transitivity rule was of the form: [(χ>γ)Α(γ>ζ)]^(χ>ζ). We might want to apply this rule as a B-rule if one of the subgoal conjuncts could match an existing fact, for example. This conditional application would greatly restrict the use of the rule. Application conditions comprise important control knowledge. In order to use this sort of control knowledge, we need suitable formalisms in which to represent it. There seem to be several approaches to the problem. First, we could consider the control strategy problem itself as a problem to be solved by another AI production system. The object-level AI system would have declarative and procedural knowledge about the applications domain; the meta-level AI system would have declarative and procedural knowledge relevant to the control of the object-level system. Such a scheme might conveniently allow the formulation of object-level control knowledge as meta-level rules. A second approach involves embedding some of the control knowl­ edge into evaluation functions used by the control strategy. When a domain expert specifies that some conjunctive subgoal A, say, is to be solved before 2?, then we must arrange that the function used to order the AND nodes of a partial AND/OR solution graph places A before B in the ordering. This approach has not been thoroughly explored. A third method involves embedding the relevant control knowledge right into the rules. This approach has been embodied in several high-level AI programming languages. We attempt to describe the essence of this approach in the following section. 259 RULE-BASED DEDUCTION SYSTEMS 6.6.1. F-RULE AND B-RULE PROGRAMS Control knowledge specifies the order in which operations should be performed: Do this before that, do this first, do this if that is true, and so on. It is natural to attempt to represent this sort of knowledge in programs. F-rules and B-rules can be considered programs that operate on facts and goals. The most straightforward solution to the control problem is to embed control responsibility directly into the F-rules and B-rules. Just how much control should be given to the F-rules and B-rules? So far, we have been considering one extreme (production systems) in which a separate global control system retained total control and none was given to the rules. Let us now briefly investigate another extreme in which all control is given over to the rules (with a consequent atrophying of the global control system). We want to retain the basic character of the F-rules and B-rules. That is, F-rules should be called only when they can be applied to facts, and B-rules should be called only when they can be applied to goals. The calling mechanism should invoke rules only when new goals or facts are derived. This type of mechanism might be called goal· (fact-) directed function invocation. An extremely simple scheme for performing this invocation involves the following: When a new goal (fact) is created, all of the rules that are applicable to this new goal (fact) are collected. One of these is then selected and given complete control. This program is then executed; it may set new goals (invoking other B-rules) or it may assert new facts (invoking other F-rules). In either case, the control structure is otherwise much like that of conventional programs. A rule program runs until it encounters a RETURN statement. It then returns control to the program from which it was invoked. While it is running, a rule program has complete control. If an executing rule program fails (for one of several reasons to be discussed later), control automatically backtracks to the next highest choice point where another selection is made. Thus, the scheme we are describing corresponds to a simple backtrack control regime in which all of the control information is embedded in the rules. We elaborate later on the mechanism by which one of the many possible applicable rules is selected for invocation. We must also describe how consequents and antecedents of rules are represented in programs and how matching is to be handled. 260 CONTROL KNOWLEDGE FOR RULE-BASED DEDUCTION SYSTEMS We next present a simplified syntax for our F- and B-rule programs. (This syntax is related to, but not identical to, syntaxes of the high-level AI languages PLANNER, QLISP, and CONNIVER.) A goal or subgoal is introduced by a GOAL statement; for example, GOAL (ANIMAL Ίχ). This statement is equivalent to the predicate calculus goal expression (3x) ANIMAL (x). The variable x with a ? prefix is existentially quantified when it occurs in GOAL statements. A new or inferred fact is added to the set of facts by an ASSERT statement; for example, ASSERT (CATSAM) or ASSERT (DOGlx). The latter is equivalent to the predicate calculus expression (Vx)DOG(x). The variable x with a ? prefix is universally quantified when it occurs in facts or in ASSERT statements. F-rule and B-rule programs each have triggering expressions that are called their patterns. For F-rule programs, the pattern is the antecedent of the corresponding rule; for B-rule programs, the pattern is the con­ sequent. For simplicity, we assume that a pattern consists of a single literal only. Patterns can contain ?-variables, and these variables can be matched against anything when invoking a program. Since F-rule patterns are used only to match facts and B-rule patterns are used only to match goals, the use of ?-variables in both patterns is consistent with our assumptions about variable quantifications in facts and goals. The body of rule programs contains, besides control information, that part of the corresponding rule not in the pattern. Thus, F-rule programs contain ASSERT statements corresponding to consequents, and B-rule programs contain GOAL statements corresponding to antecedents. Any variables in these statements that are the same as pattern variables are preceded by a $ and are called $-variables. When a pattern is matched to a fact or goal, the ?-variables are bound to the terms that they match. The corresponding $-variables in the body of the program receive the same bindings. These bindings also apply locally to subsequent statements in 261 RULE-BASED DEDUCTION SYSTEMS the calling program that contained the GOAL or the ASSERT statement that caused the match. Pattern matching then takes the place of unification, and variable binding takes the place of substitution. Using this syntax, we could represent the rule CAT(x)=>ANI­ MA L(x) by the following simple F-rule program: FRI {CATIx) ASSERT {ANIMAL %x) RETURN The pattern, {CAT Ίχ\ occurs immediately after the name of the program FRI. In this case, the body of the program consists only of an ASSERT statement. The variable %x is bound to that entity to which ?JC was matched when the pattern {CATlx) was matched against a fact. Consider the rule, ELEPHANT{x)^> GRAY{x). This rule can be written as a B-rule program as follows: BRl{GRAYlx) GOAL ( ELEPHANT $ x ) ASSERT {GRA Y$x) RETURN The variable $x is bound to whatever individual matched ?JC during the pattern match. Mechanisms for applying rules to facts and goals can be simply captured in programs, but we must also be able to match goals directly against facts. This objective is accomplished simply by checking the facts (in addition to the B-rule patterns) whenever a GOAL statement is encountered. Ordinarily we would check the facts first. Let's look at a simple example to see how these programs work and to gain familarity with the syntax. Suppose we have the following programs: BRI {BOSS-OFlylz) GOAL ( WORKS-IN Ίχ$γ) GOAL {MANAGER $x $z) ASSERT {BOSS-OF$y $z) RETURN 262 CONTROL KNOWLEDGE FOR RULE-BASED DEDUCTION SYSTEMS (If y works in x and z is the manager of x, then z is the boss ofy). (Note that the B-rule program allows us naturally to specify the order in which conjunctive goals are to be solved. The variable $ x in the second subgoal is bound to whatever is matched against ?JC in the first subgoal.) BR2 (HAPPYfx) GOAL ( MA RRIED $χΊγ) GOAL ( WORKS-IN Tz$y) ASSERT (HAPPY$x) RETURN (Happy is the person with a working spouse.) ΒΈϋ(ΗΑΡΡΥΊχ) GOAL ( WORKS-IN P-D$x) ASSERT (HAPPY%x) RETURN (If x works in the Purchasing Department, x is happy.) BR4 ( WORKS-IN Ίχ 1y) GOAL (MANAGER %x$y) ASSERT ( WORKS-IN $x$y) RETURN (If y is the manager of x,y works in x.) Suppose the facts are as follows: FI : MAN A GER ( P-DJOHN-JONES ) F2 : WORKS-IN ( P-D, JOE-SMITH ) F3 : WORKS-IN ( SD, SA LL Y-JONES ) F4: MARRIED (JOHN-JONES, MARY-JONES) Consider the problem of finding the name of an employee who has a happy boss. The query can be expressed by the following program: BEGIN GOAL (BOSS-OF'ìu'ìv) GOAL(HAPPYSv) PRINT $ u "has happy boss" $ v END 263 RULE-BASED DEDUCTION SYSTEMS Let us trace a typical execution. We first encounter GOAL ( BOSS- OFlu ?v). Since no facts match this goal, we look for B-rules and find BRI. The pattern match merely passes along the existential variables. The computational environment is now as shown in Figure 6.32. The asterisk marks the next statement to be executed, and the bindings that apply for a sequence of statements are shown at the top of the sequence. The next statement encountered (after binding variables) is: GOAL ( WORKS-IN Ixlu). Here we have a match against F2 with ? x bound to P-D and ? u bound to JOE-SMITH. Following the sequence of Figure 6.32, we next meet: GOAL (MANAGER P-Dlv). This statement matches Fl, binding ? v to JOHN-JONES. We can now assert BOSS-OF(JOE-SMITH, JOHN-JONES) and return to the query program to encounter GOAL (HAPPY JOHN-JONES). Now there are two different sequences of programs that might be used. GOAL (HAPPY JOHN-JONES) might invoke either BR2 or BR3. We leave it to the reader to trace through either or both of these paths. A GOAL statement can FAIL if there are no facts or B-rules that match its pattern. Suppose, for example, that we matched GOAL (WORKS- IN Ίχ ? u ) against F3 instead of against F2. This match would have led to an attempt to execute GOAL ( M AN A GER S-D ? v ). The set of facts does not include any information about the manager of the Sales Department. BEGIN (bindings: ?u/?y,?v/?z) * GOAL (WORKS-IN ?x $y) GOAL(MANAGER $x $z) ASSERT (BOSSOF $y $z) RETURN GOAL (HAPPY $v) PRINT $w "has happy boss" $v END Fig. 6.32 A state in the execution of a query. 264 CONTROL KNOWLEDGE FOR RULE-BASED DEDUCTION SYSTEMS No B-rule applies either, so the GOAL statement FAILS. In such a case, control backtracks to the previous choice point, namely, the pattern match for GOAL (WORKS-IN Ίχ lu). In addition to transferring control, all bindings made since this choice point are undone. Now we can use the ultimately successful match against F2. Because rules are now programs, we can augment them with other useful control statements. For example, we can include tests to decide whether an F-rule or B-rule program ought to be applied. If the test indicates inappropriateness of the program, we can execute a special FAIL statement that causes backtracking. The general form of such a condition statement is: IF < condition > FAIL . The < condition > can be an arbitrary program that evaluates to true or false. Such statements are usually put at the beginning of the program to trap cases where the program ought not to continue. An important category of conditions involves testing to see if there is a fact that matches a particular pattern. This testing is done by an IS statement. The general form is: IS < pattern > . If < pattern > matches a fact, bindings are made (that apply locally to any following statements) and the program continues. Otherwise, the statement FAILS and backtracking occurs. Recall that earlier we mentioned that the transitivity rule for the "greater-than" predicate might be used as a B-rule if one of the antecedents was already a fact. We could implement such a B-rule as follows: BTRANS (G?JC?Z) IS (G$xly) GOAL (G$y$z) RETURN Now if G (Α,Β) and G (£, C) were facts, we could use BTRANS to prove G(A,C) as follows: First, we match BTRANS against GOAL(G^ C) and thus attempt to execute IS(GAly). This test is 265 RULE-BASED DEDUCTION SYSTEMS successful, 1y is bound to B, and we next encounter GOAL ( G B C). This goal matches one of the facts directly, and we are finished. If the IS test failed, we would not have used this transitivity B-rule and, thus, would have avoided generating the subgoal. We'll see additional examples later of the usefulness of applicability conditions. Another important type of control information might be called "advice." At the time a GOAL statement is made, we may want to give advice about the B-rules that might be used in attempting to solve it. This advice can be in the form of a list of B-rules to be tried in order. Similarly, ASSERT statements can be accompanied by a list of F-rules to be tried in order. These lists can be dynamically modified by other programs, thus enabling quite flexible operation. There are other advantages of rule programs beyond those related to control strategies. We can write very general procedures to transform certain goals into subgoals, to evaluate goals, and to assert new facts. To achieve these same effects by ordinary production rules could sometimes be cumbersome. Suppose, for example, that in doing inequality reasoning we encounter the subgoal G (8,5). Now, as mentioned earlier, we certainly do not want to include G predicates for all pairs of numbers. The effect of procedural attachment to a "greater-than" computation can be achieved by the following B-rule: BG(G?JC?7) IF (NOTNUM $JC) FAIL IF (NOTNUM $γ) FAIL IF(NOTG$;c$jOFAIL ASSERT (G$x $y) RETURN In this program, NOTNUM tests to see if its argument is not a number. If NOTNUM returns T (i.e., if its argument is not a number), we FAIL out of this B-rule. If both NOTNUMs return F, we stay in the B-rule and use the program NOTG to see if the first numerical argument is greater than the second. If it is, we successfully bypass another FAIL and return. Similar examples could be given of procedural attachment in the forward direction. Suppose that in a circuit analysis problem, it has been computed that a 1/2 ampere current flows through a certain 1000 ohm 266 BIBLIOGRAPHICAL AND HISTORICAL REMARKS resistor named R3. After the current has been computed (but not before), we may want to ASSERT the value of the voltage across this resistor. Such an assertion could be appropriately made by the following general F-rule: FV (CURRENT!RlI) IF (NOTNUM (VALUE $ R )) FAIL IF(NOTNUM$/)FAIL SET ? V (TIMES $ / (VALUE $ R )) ASSERT ( VOLTAGE %R $ V) RETURN Now when the statement (ASSERT CURRENT R3 0.5) is made, FV is invoked. We compute VALUE(ÄJ) to be 1000, so we pass through the first NOTNUM. Similarly, since $ / is bound to 0.5, we pass through the second NOTNUM and encounter the SET statement. This binds ? F to 500, we assert VOLTAGE (R3 500) and return. In this case we have attached a multiplication procedure that implements Ohm's law to the predicate VOLTAGE. 6.7. BIBLIOGRAPHICAL AND HISTORICAL REMARKS One of the reasons for the inefficiency of early resolution theorem- proving systems is that they lacked domain-specific control knowledge. The AI languages PLANNER [Hewitt (1972), Sussman, Winograd, and Charniak (1971)], QA4 [Rulifson, Derksen, and Waldinger (1972)], and CONNIVER [McDermott and Sussman (1972)] are examples of attempts to develop deduction and problem-solving formalisms in which control information could be explicitly represented. Moore (1975a) discusses some of the logical inadequacies of these languages and proposes some remedies. Among other points, Moore notes: (a) clause form is an inefficient representation for many wffs, (b) general implicational wffs should be used as rules and these rules should be kept separate from facts, and (c) the direction of rule use (forward or backward) is often an important factor in efficiency. Other researchers, too, moved away from resolution after its early popularity. Bledsoe (1977) presents a thorough discussion of "nonre- 267 RULE-BASED DEDUCTION SYSTEMS solution" theorem proving. Examples of some nonresolution systems include those of Bledsoe and Tyson (1978), Reiter (1976), Bibel and Schreiber (1975), Nevins (1974), Wilkins (1974), and Weyhrauch (1980). Many of the techniques for enhancing efficiency used by these nonre­ solution systems can be used in the rule-based systems described in this chapter, where the relationship with resolution is clear. Unifying compositions of substitutions and their properties are dis­ cussed by van Vaalen (1975) and by Sickel (1976), both of whom discuss the importance of the use of these substitutions in theorem proving with AND/OR graphs. Kowalski (1974b, 1979b) discusses the related process of finding simultaneous unifiers. The forward and backward rule-based deduction systems discussed in this chapter are intended to be models of various rule-based systems used in AI. The use of AND/OR graph structures (often called AND/OR goal trees) in theorem proving has a long history; however, many systems that have used them have important logical deficiencies. Our versions of these systems have a stronger logical base than most existing systems. The RGR operation used in our backward system is based on a similar operation proposed by Moore (1975a). Loveland and Stickel (1976) and Loveland (1978) also propose systems based on AND/OR graphs and discuss relationships with resolution. Human experts in some subject domains seem to be able to deduce useful conclusions from rules and facts about which they are less than completely certain. Extensions to rule-based deduction systems that allow use of only partially certain rules and facts were made by Shortliffe (1976) in the MYCIN system, for medical diagnosis and therapy selection. We might describe MYCIN as a backward, rule-based deduction system (without RGR) for the propositional calculus, augmented by the ability to handle partially certain rules and facts. A technique based on the use of Bayes' rule and subjective probabilities for dealing with uncertain facts and rules is described by Duda, Hart, and Nilsson (1976). Checking the consistency of substitutions as search proceeds derives from a paper by Sickel (1976). The use of connection graphs was originally suggested by Kowalski (1975). Other authors who have used various forms of connection graphs are Cox (1977), Klahr (1978), Chang and Slagle (1979), and Chang (1979). Cox (1977) proposes an interesting technique for modifying inconsistent solutions to make them consistent. 268 BIBLIOGRAPHICAL AND HISTORICAL REMARKS Most of these ideas were originally proposed as control strategies for resolution refutation systems rather than for rule-based deduction systems. The use of a metasystem, with its own rules, to control a deduction system has been suggested by several researchers, including Davis (1977), de Kleer et al. (1979), and Weyhrauch (1980). Hayes (1973b) proposes a related idea. Using deduction systems for intelligent information retrieval is dis­ cussed in several papers in the volume by Gallaire and Minker (1978). Wong and Mylopoulos (1977) discuss the relationships between data models in database management and predicate calculus knowledge representations in AI. Bledsoe, Bruell, and Shostak (1978) describe a theorem-proving system for inequalities. A system developed by Waldinger and Levitt (1974) is able to prove certain inequalities arising in program verification problems. Our use of conditional substitutions is related to an idea proposed by Tyson and Bledsoe (1979). Manna and Waldinger (1979) employ the idea of conditional substitutions in their program synthesis system. Green (1969a) described how theorem-proving systems could be used both for performing computations and for synthesizing programs. Program synthesis through deduction was also studied by Waldinger and Lee (1969) and by Manna and Waldinger (1979). [For approaches to program synthesis based on techniques other than deduction, see the survey by Hammer and Ruth (1979). For a discussion of programming "knowledge" needed by an automatic programming system, see Green and Barstow (1978).] Our use of induction to introduce recursion is based on a technique described in Manna and Waldinger (1979). Using deduction systems to perform computations (and predicate logic as a programming language) was advocated by Kowalski (1974a). Based on these ideas, a group at the University of Marseille [see Roussel (1975), and Warren (1977)] developed the PROLOG language. Warren and Pereira (1977) describe PROLOG and compare it with LISP. Van Emden (1977) gives a clear tutorial account of these ideas. One of the appealing features of PROLOG is that it separates control information from logic 269 RULE-BASED DEDUCTION SYSTEMS information in programming. This idea, first advocated by Hayes (1973b), has also been advanced in Kowalski (1979a) and by Pratt (1977). [For a contrary view, see Hewitt (1975, pp. 195ff.)] The combined forward/backward deduction system and the CAN- CEL relation for establishing termination is based on a paper by Nilsson (1979). Our section on F-rule and B-rule programs is based on ideas in the AI languages PLANNER [Hewitt (1972), Sussman, Winograd, and Charniak (1971)] and QLISP [Sacerdoti et al. (1976)]. [See also the paper by Bobrow and Raphael (1974).] EXERCISES 6.1 Represent the following statements as production rules for a rule-based geometry theorem-proving system: (a) Corresponding angles of two congruent triangles are congruent. (b) Corresponding sides of two congruent triangles are congruent. (c) If the corresponding sides of two triangles are congruent, the triangles are congruent. (d) The base angles of an isocèles triangle are congruent. 6.2 Consider the following piece of knowledge: Tony, Mike, and John belong to the Alpine Club. Every member of the Alpine Club who is not a skier is a mountain climber. Mountain climbers do not like rain, and anyone who does not like snow is not a skier. Mike dislikes whatever Tony likes and likes whatever Tony dislikes. Tony likes rain and snow. Represent this knowledge as a set of predicate calculus statements appropriate for a backward rule-based deduction system. Show how such a system would answer the question. "Is there a member of the Alpine Club who is a mountain climber but not a skier?" 270 EXERCISES 63 A blocks-world situation is described by the following set of wffs: ONTABLE(A ) CLEAR(E) ONTABLE(C) CLEAR(D) ON(D,C) HEAVY(D) ON(B,A) WOODEN(B) HEAVY(B) ON(E,B) Draw a sketch of the situation that these wffs are intended to describe. The following statements provide general knowledge about this blocks world: Every big, blue block is on a green block. Each heavy, wooden block is big. All blocks with clear tops are blue. All wooden blocks are blue. Represent these statements by a set of implications having single-literal consequents. Draw a consistent AND/OR solution tree (using B-rules) that solves the problem: "Which block is on a green block?" 6.4 Consider the following restricted version of a backward rule-based deduction system: Only leaf nodes of the AND/OR graph can be matched against rule consequents or fact literals, and the mgu of the match is then applied to all leaf nodes in the graph. Explain why the resulting system is not commutative. Show how such a system would solve the problem of reversing the list (1,2), using the facts and rules of Section 6.4. What sort of control regime did you use? 6.5 Discuss how a backward rule-based deduction system should deal with each of the following possibilities: (a) A subgoal literal is generated that is an instance of a higher goal (i.e., one of its ancestor goals in the AND/OR graph). (b) A subgoal literal is generated such that a higher goal is an instance of the subgoal. (e) A subgoal literal is generated that unifies with the negation of a higher goal. 271 RULE-BASED DEDUCTION SYSTEMS (d) A subgoal literal is generated that is identical to another subgoal literal in the same potential solution graph. 6.6 Show how RGR can be used in a backward deduction system to obtain a proof for the goal wff : [(3x)(Vy)P(x,y)^(Vy)(3x)P(x,y)] 6.7 Propose a heuristic search method to guide rule selection in rule-based deduction systems. 6.8 Although we have used AND/OR graphs in this chapter to represent formulas, we have not advocated the use of decomposable production systems for theorem proving. What is wrong with the idea of decomposing a conjuctive goal formula, for example, and processing each conjunct independently? Under what circumstances might decom­ position be a reasonable strategy? 6.9 Describe how to use a formula like EQUALS(f(x),g(h(x))) as a "replacement rule" in a rule-based deduction system. What heuristic strategies might be useful in using replacement rules? 6.10 Critically examine the following proposal: An implication of the form (LI Λ L2)=> W, where LI and L2 are literals, can be used as an F-rule if it is first converted to the equivalent form LI => (L2 => W). The rule can be applied when LI matches a fact literal, and the effect of the rule is to add the new F-rule L2 => W. 6.11 Deduction systems based on rule programs cannot (easily) perform resolutions between facts or between goals. Why not? 6.12 Consider the following electrical circuit diagram: Rl = 2 ohms o vw— -Wr R2 <RJ R4 = Vi ohm 272 EXERCISES We represent the fact that resistors Rl and R4 are in series by the assertion (SERIES RI R4). We represent the fact that the current through Rl is 2 amperes by the assertion (CURRENT Rl 2). We represent the fact that Rl has resistance 2 ohms by the assertion (RESISTANCE Rl 2), etc. Write a forward rule program that expresses the fact that if a current / flows through a resistor R, then that same current flows through any resistor in series with R. Write a backward rule program that expresses the fact that the voltage across a resistor is equal to the current through it multiplied by its resistance. Assuming that the forward program executes first (triggered by the assertion about the current in Rl ), trace the effect of the following GOAL statement: GOAL ( VOLTAGE R41V). 6.13 Propose facts and rules involving the predicate MEMBER(x,y), which is intended to mean that atom x is a member of the list of atoms y. Use these facts and rules in a rule-based deduction system to prove the goal wff MEMBER (3, cons (4, cons (2, cons (3, NIL )))). What control in­ formation results in an efficient search for a proof? What fact would be needed in order to prove ~MEMBER(3,cons(4,NIL))l 273 CHAPTER 7 BASIC PLAN-GENERATING SYSTEMS In chapters 5 and 6 we saw that a wide class of deduction tasks could be solved by commutative production systems. For many other problems of interest in AI, however, the most natural formulations involve noncommutative systems. Typical problems of this sort are ones where goals are achieved by a sequence (or program ) of actions. Robot problem solving and automatic programming are two domains in which these kinds of problems occur. 7.1. ROBOT PROBLEM SOLVING Research on robot problem solving has led to many of our ideas about problem solving systems. Since robot problems are simple and intuitive, we use examples from this domain to illustrate the major ideas. In the typical formulation of a "robot problem" we have a robot that has a repertoire of primitive actions that it can perform in some easy-to-un- derstand world. In the "blocks world," for example, we imagine a world of several labeled blocks (like children's blocks) resting on a table or on each other and a robot consisting of a moveable hand that is able to pick up and move blocks. Many other types of robot problems have also been studied. In some problems the robot is a mobile vehicle that performs tasks such as moving objects from place to place through an environment containing other objects. Programming a robot involves integrating many functions, including perception of the world around it, formulation of plans of action, and monitoring of the execution of these plans. Here, we are concerned mainly with the problem of synthesizing a sequence of robot actions that will (if properly executed) achieve some stated goal, given some initial situation. 275 BASIC PLAN-GENERATING SYSTEMS The action synthesis part of the robot problem can be solved by a production system. The global database is a description of the situation, or state, of the world in which the robot finds itself, and the rules are computations representing the robot's actions. 7.1.1. STATE DESCRIPTIONS AND GOAL DESCRIPTIONS State descriptions and goals for robot problems can be constructed from predicate calculus wffs, as discussed in chapter 4. As an example, consider the robot hand and configuration of blocks shown in Figure 7.1. This situation can be represented by the conjunction of formulas shown in the figure. The formula CLEAR(B) means that block B has a clear top; that is, no other block is on it. The ON predicate is used to describe which blocks are (directly) on other blocks. The "robot" in this situation is a simple hand that can move blocks about in a manner to be described momentarily. The predicate HANDEMPTY has value Tjust when the robot hand is empty, as in the situation depicted. Of course, any finite conjunction of formulas actually describes a family of different world situations, where each member can be regarded as an interpretation satisfying the formulas (as discussed in chapter 4). For brevity, however, we usually use the phrase "the situation" rather than "the family of situations." Goal descriptions also can be expressed as predicate logic formulas. For example, if we wanted the robot of Figure 7.1 to construct a stack of blocks in which block B was on block C, and block A was on block 2?, we might describe the goal as: ON(B,C) A ON(A,B). Robot 'Hand CLEAR (B) CLEAR (C) ON{C,A) HANDEMPTY ONTABLE(A) ONTA B LE (B) Fig. 7.1 A configuration of blocks. 276 ROBOT PROBLEM SOLVING Such a formula describes a family of world states, any one of which suffices as a goal. For ease of exposition, we place certain restrictions on the kinds of formulas that we allow for descriptions of world states and goals. (Many of these restrictions could be lifted by using some of the techniques described in the last chapter for dealing with complex wffs.) For goal (and subgoal) expressions, we allow conjunctions of literals only, and any variables in goal expressions are assumed to have existential quantifica­ tion. For initial and intermediate state descriptions, we allow only conjunctions of ground literals (i.e., literals without variables). The formulas in Figure 7.1 clearly satisfy these restrictions. 7.1.2. MODELING ROBOT ACTIONS Robot actions change one state, or configuration, of the world into another. We can model these actions by F-rules that change one state description into another. One simple, but extremely useful technique for representing robot actions was employed by a robot problem-solving system called STRIPS. This technique can be contrasted with our use of implicational rules as production rules, discussed in chapter 6. There, when an implicational rule was applied to a global database, the database was changed, by appending additional structure, but nothing was deleted from the database. In modeling robot actions, however, F-rules must be able to delete expressions that might no longer be true. Suppose, for example, that the robot hand of Figure 7.1 were to pick up block B. Then certainly the expression ONTABLE(B) would no longer be true and should be deleted by any F-rule modeling this pick-up action. F-rules of the STRIPS type specify the expressions to be deleted by listing them explicitly. STRI PS-form F-rules consists of three components. The first is the precondition formula. This component is like the antecedent of an implicational rule. It is a predicate calculus expression that must logically follow from the facts in the state description in order for the F-rule to be applicable to that state description. Consistent with our restrictions on the form of goal wffs, we assume here that the preconditions of our F-rules consist of a conjunction of literals. Variables in these precondi­ tion formulas are assumed to have existential quantification. To decide whether or not a conjunction of literals (the precondition formula) logically follows from another conjunction of literals (the facts) is 277 BASIC PLAN-GENERATING SYSTEMS straightforward: It follows if there are literals among the facts that unify with each of the precondition literals and if all of the mgu's are consistent (that is, if these mgu's have a unifying composition). If such a match can be found, we say that the precondition of the F-rule matches the facts. We call the unifying composition, the match substitution. For a given F-rule and state description, there may be many match substitutions. Each leads to a different instance of F-rule that can be applied. The second component of the F-rule is a list of literals (possibly containing free variables) called the delete list. When an F-rule is applied to a state description, the match substitution is applied to the literals in the delete list; and the ground instances thus obtained are deleted from the old state description as the first step of constructing the new one. We assume that all of the free variables in the delete list occur as (existentially quantified) variables in the precondition formula. This restriction en­sures that any match instance of a delete list literal is a ground literal. The third component is the add formula. It consists of a conjunction of literals (possibly containing free variables) and is like the consequent of an implication^ F-rule. When an F-rule is applied to a state description, the match substitution is applied to the add formula and the resulting match instance is added to the old state description (after the literals in the delete list are deleted) as the final step in constructing the new state description. Again we assume that all of the free variables in the add formula occur in the precondition formula so that any match instance of an add formula will be a conjunction of ground literals. Again, it is possible to lift some of these restrictions on F-rule components; we use them solely because they make our presentation much simpler. As an example of an F-rule, we model the action of picking up a block from a table. Let us say that the preconditions for executing this action are that the block be on the table, that the hand be empty, and that the block have nothing on top of it. The effect of the action is that the hand is holding the block. We might represent such an action as follows: pickup(X) Precondition: ONTA B LE (x) A HAND EMPTY Λ CLEAR(x) Delete list: ONTABLE(x\ HANDEMPTY, CLEAR(x) Add formula: HOLDING(x) Since, with our restrictions, the precondition and add formulas are conjunctions of literals, we can represent each of them by a set or list of 278 ROBOT PROBLEM SOLVING literals. Sometimes, as in the above example, the precondition formula and the delete list contain identical literals. In our example, we have chosen to include only HOLDING(x) in the add formula rather than, additionally, the negations of literals in the delete list. For our purposes, it will suffice merely to delete these literals from the state description. We see that we can apply pickupO ) to the situation of Figure 7.1 only if B is substituted for x. The new state description, in this case, would be given by: CLEAR(C) ON(C,A) ONTABLE(A ) HOLDING(B) Production systems using STRI PS-form F-rules are not, in general, commutative because these rules may delete certain literals from a state description. Such F-rules change one set of states to another set of states, in contrast to rules based on implications, whose application merely restricts the original set of states. Special methods must be used with STRI PS-form rules. These methods are the main focus of this chapter and chapter 8. 7.13. THE FRAME PROBLEM To use a familiar analogy, the changes between one state description and another can be compared to changes between frames in an animated film. In very simple animations, certain characters move in a fixed background from frame to frame. In more realistic (and expensive) animations, many changes occur in the background also. A STRIPS F-rule (with short delete and add lists) treats most of the wffs in a state description as fixed background. The problem of specifying which wffs in a state description should change and which should not is usually called the frame problem in AI. The best approach to dealing with the frame problem depends on the sort of world states and actions that we are modeling. Speaking loosely, if the components of a world state are very closely coupled or unstable, then each action might have profound and global effects on the world state. In such a world, picking up the top block from a stack of blocks, for example, might topple the whole stack of blocks, causing other stacks to topple also, in domino fashion. A simple STRIPS F-rule would not be an appropriate action model in that kind of world. 279 BASIC PLAN-GENERATING SYSTEMS Typically, the components of a world state are sufficiently decoupled to permit us to assume that the effects of actions are relatively local. When such an assumption is justified, STRIPS F-rules are efficient and appropriate models of many types of actions. Applying an F-rule to a state description can be regarded as simulating the action represented by the F-rule. Simulations vary with respect to the level of detail and accuracy with which they model actions. The F-rule pickupO), for example, is a much more approximate representation of the pick-up action than a simulation program that took into account such factors as the weight and size of blocks, friction in robot arm joints, ambient temperature, etc. In the next chapter we argue that it is useful to have models of actions at several levels of detail. Gross and approximate models are useful for computing high-level plans; more accurate models are necessary for computing detailed plans. Typically, the frame problem is more critical for the detailed models because they must take into account couplings among world state components that might be ignored at higher levels. Another aspect of the frame problem concerns how to deal with anomalous conditions. We can regard the F-rule pickup(x) as being an appropriate model for the normal operation of a picking-up action. But suppose the robot arm is broken, or that the block being picked up is too heavy, or that there is a power failure that prevents the motors in the arm from operating, or that the block being picked up is glued to the table, etc. Of course, we could include the negation of each of these anomalous conditions in the precondition of the F-rule to render the rule inapplica­ ble as appropriate. But there are too many such conditions (an infinite number might be imagined), and normally the deviant conditions do not hold. Yet, if any of them do hold, the simple F-rule model is inaccurate. Several approaches to the problem of anomalous conditions have been suggested, but none of these, so far, is compelling. If a hierarchy of action models is used, it seems that the most detailed and accurate simulations automatically take into account all of the conditions of which the system can (by definition) be aware. Let us leave the frame problem now and make use of the representa­ tions that we have been discussing in systems for solving robot problems. We begin with a forward production system. 280 A FORWARD PRODUCTION SYSTEM 7.2. A FORWARD PRODUCTION SYSTEM The simplest type of robot problem-solving system is a production system that uses the state description as the global database and the rules modeling robot actions as F-rules. In such a system, we select applicable F-rules to apply until we produce a state description that matches the goal expression. Let us examine how such a system might operate in a concrete example. Consider the F-rules given below, in STRI PS-form, corresponding to a set of actions for the robot of Figure 7.1. 1) pickup(jc) P&D: ONTABLE(x%CLEAR(x), HANDEMPTY A: HOLDING(x) 2) putdown(x) P&D: HOLDING(x) A: ONTABLE(x), CLEAR(x), HANDEMPTY 3) stack(;c,j) P&D: HOLDING(x),CLEAR(y) A: HANDEMPTY, ΟΝ(χ,γ), CLEAR(x) 4) unstack(jc,j) P&D: HANDEMPTY, CLEAR(x), ΟΝ(χ,γ) A: HOLDING(x),CLEAR(y) Note that in each of these rules, the precondition formula (expressed as a list of literals) and the delete list happen to be identical. The first rule is the same as the rule that we used as an example in the last section. The others are models of actions for putting down, stacking, and unstacking blocks. Suppose our goal is the state shown in Figure 7.2. Working forward from the initial state description shown in Figure 7.1, we see that pickup(B) and unstack(C,A ) are the only applicable F-rules. Figure 7.3 shows the complete state-space for this problem, with a solution path indicated by the dark branches. The initial state description is labeled 281 BASIC PLAN-GENERATING SYSTEMS B C GOAL: [ON(B,C)AON(A,B)} Fig. 7.2 Goal for a robot problem. SO, and a state matching the goal is labeled G in Figure 7.3. (Contrary to custom and merely to reveal symmetries in the problem, SO is not the top node in Figure 7.3.) Note that in this example, each F-rule has an inverse. In this very simple example (with only 22 states in the entire state-space), a forward production system, with an unsophisticated control strategy, can quickly find a path to a goal state. For more complex problems, we would expect, however, that a forward search to the goal would generate a rather large graph and that such a search would be feasible only if combined with a well-informed evaluation function. 7.3. A REPRESENTATION FOR PLANS We can construct the desired sequence of actions for achieving the goal in our example by referring to the F-rules labeling the arcs along the branch to the goal state. The sequence is: (unstack(C,^4 ), putdown(C), ,pickup(£), stack(£,C), pickup(^), stack(^,5)}. We call such a se­ quence di plan for achieving the goal. (In this case all of the elements of the plan refer to "primitive" actions. In chapter 8 we consider plans whose elements might themselves be intermediate level goals requiring further and more detailed problem solving before being reduced to primitive actions.) For many purposes, it is useful to have additional information included in a specification of a plan. We might want to know, for example, what the relationships are between the F-rules and the preconditions that they provide for other F-rules. Such contextual information can be provided conveniently by a triangular table whose entries correspond to the preconditions and additions of the F-rules in the plan. 282 putdown(£ ),/'^^pickup(Ä) y ack( pic stac G CLEARiA) CLEARiC) HOLDING iB) ONTABLEiA) ONTABLEiC) y^stack(B,Ay\ CLEARiA) ONTABLEiA) CLEARiB) ONTABLEiB) CLEARiC) ONTABLEiC) HANDEMPTY \ / pickup (/i irS/N. putdown(/4 ) pickup (C)\ Xputdown(C) \unstack(Ä,,4 ) y 1 CLEAR iA) 1 CLEARiB) HOLDINGiC) ONTABLEiA) \ ONTABLEiB) \ /\S stack(C,/l)V B,C)//unstack(B,C) \\ stack(C.Ä)/^/unstack(C,5) CLEAR (A) ONiB.C) CLEAR iB) ONTABLE (A) ONTA BLE(C) HANDEMPTY iup(A ) 1 putdov ONiB.C) CLEARiB) HOLDING(A) ONTABLEiC) k(A.B) 1 l uns tac CLEARiA) ONiA.B) ONiB.C) ONTABLEiC) HANDEMPTY CLEARiC) ONiB.A) CLEARiB) ONTABLEiA) ONTABLEiC) HANDEMPTY pickup(C) m( sta< kM 4) CLEARiA) ON(C.B) CLEARiC) ONTABLEiA) ONTABLEiB) HANDEMPTY A putdown(C) ONiB.A) CLEARiB) HOLDINGiC) ONTABLEiA) MCB) .B) r l uns tac CLEARiC) ONiCB) ONiB,A) ONTABLEiA) HANDEMPTY pickup(/4 ) «c i ' 50 V unstack(C,/l ) / CLEARiB) CLEARiC) HOLDINGiA) ONTABLEiB) ONTABLEiC) y/stack(/l.Ä)V \unstack(i4.£) ΝΛ^ stack(/l,C)//unstack(^,C) \\ CLEARiB) ONiCA) CLEARiC) ONTABLEiA) ONTABLEiB) HANDEMPTY pickup(Ä) putdown(/l ) ONiCB) CLEARiC) HOLDINGiA) ONTABLEiB) B) tackM.C) 1 i ' CLEARiB) ONiA.C) CLEARiA) ONTABLEiB) ONTABLEiC) HANDEMPTY 1 A putdown(ß) ONiCA) CLEARiC) HOLDINGiB) ONTABLEiA) stack(5,C) unstack(/l,C) CLEARiA) ONiA.C) ONiCB) ONTABLEiB) HANDEMPTY * A pickup(#)| ir CLEARiC) ONiA.B) CLEARiA) ONTABLEiB) ONTABLEiC) HANDEMPTY pickup(C) putdown(C) putdown(ß) ONiA.C) CLEARiA) HOLDINGiB) ONTABLEiC) unstack(Ä.C) s CLEARiB) ONiB.C) ONiCA) ONTABLEiA) HANDEMPTY A tack(5.,4 ) • ONiA.B) CLEARiA) HOLDINGiC) ONTABLEiB) 5tack(C,/l ) A unstack(CM) unstack(Ä,/l) CLEARiB) ONiB.A) ONiA.C) ONTABLEiC) HANDEMPTY CLEARiC) ONiCA) ONiA.B) ONTABLEiB) HANDEMPTY > w w s δ TI 00 Fig. 7.3 The state-space for a robot problem. BASIC PLAN-GENERATING SYSTEMS An example of a triangle table is shown in Figure 7.4. It is a table whose columns are headed by the F-rules in the plan. Let the leftmost column be called the zero-th column; then they-th column is headed by they-th F-rule in the sequence. Let the top row be called the first row. If there are N F-rules in the plan sequence, then the last row is the (N + l)-th row. The entries in cell (/,y) of the table, for y > 0 and i < N + 1, are those literals added to the state description by they-th F-rule that survive as preconditions of the i-th F-rule. The entries in cell (/,0), for i < N + 1, are those literals in the initial state description that survive as precondi­ tions of the i-th F-rule. The entries in the (N + l)-th row of the table are then those literals in the original state description, and those added by the various F-rules, that are components of the goal (and that survive the entire sequence of F-rules). Triangle tables can easily be constructed from the initial state description, the F-rules in the sequence, and the goal description. These tables are concise and convenient representations for robot plans. The entries in the row to the left of the ι-th F-rule are precisely the preconditions of the F-rule. The entries in the column below the i-th F-rule are precisely the add formula literals ofthat F-rule that are needed by subsequent F-rules or that are components of the goal. Let us define the i-th kernel as the intersection of all rows below, and including, the i-th row with all columns to the left of the i-th column. The 4th kernel is outlined by double lines in Figure 7.4. The entries in the i-th kernel are then precisely the conditions that must be matched by a state description in order that the sequence composed of the i-th and subsequent F-rules be applicable and achieve the goal. Thus, the first kernel, that is, the zero-th column, contains those conditions of the initial state needed by subsequent F-rules and by the goal; the (JV + l)-th kernel [i.e.,the(A^ + l)-th row] contains the goal conditions themselves. These properties of triangle tables are very useful for monitoring the actual execution of robot plans. Since robot plans must ultimately be executed in the real world by a mechanical device, the execution system must acknowledge the possibil­ity that the actions in the plan may not accomplish their intended effects and that mechanical tolerances may introduce errors as the plan is executed. As actions are executed, unplanned effects might either place us unexpectedly close to the goal or throw us off the track. These problems could be dealt with by generating a new plan (based on an updated state description) after each execution step, but obviously, such 284 0 1 2 3 4 5 6 7 HANDEMPTY CLEAR(C) ON(C,A) ONTABLE(B) CLEAR(B) ONTABLE(A) 1 unstack(C,/l ) HOLDINGS) CLEAR{A) 2 putdown(C) HANDEMPTY CLEAR(C) 3 pickup(Z?) HOLDING(B)\ 4 stack(fl.C) HANDEMPTY CLEAR(B) ON(B,C) 5 pickup(/l ) HOLDING(A) 6 stacks, B) ON(A,B) > M M e« M δ g to oo KJÌ Fig. 7.4 A triangle table. BASIC PLAN-GEN ERATING SYSTEMS a strategy would be too costly, so we instead seek a scheme that can intelligently monitor progress as a given plan is being executed. The kernels of triangle tables contain just the information needed to realize such a plan execution system. At the beginning of a plan execution, we know that the entire plan is applicable and appropriate for achieving the goal because the literals in the first kernel are matched by the initial state description, which was used when the plan was created. (Here we assume that the world is static; that is, no changes occur in the world except those initiated by the robot itself.) Now suppose the system has just executed the first / — 1 actions of a plan sequence. Then, in order for the remaining part of the plan (consisting of the /-th and subsequent actions) to be both applicable and appropriate for achieving the goal, the literals in the /-th kernel must be matched by the new current state description. (We presume that a sensory perception system continuously updates the state description as the plan is executed so that this description accurately models the current state of the world.) Actually, we can do better than merely check to see if the expected kernel matches the state description after an action; we can look for the highest numbered matching kernel. Then, if an unanticipated effect places us closer to the goal, we need only execute the appropriate remaining actions; and if an execution error destroys the results of previous actions, the appropriate actions can be re-executed. To find the appropriate matching kernel, we check each one in turn starting with the highest numbered one (which is the last row of the table) and work backward. If the goal kernel (the last row of the table) is matched, execution halts; otherwise, supposing the highest numbered matching kernel is the /-th one, then we know that the /-th F-rule is applicable to the current state description. In this case, the system executes the action corresponding to this /-th F-rule and checks the outcome, as before, by searching again for the highest numbered matching kernel. In an ideal world, this procedure merely executes in order each action in the plan. In a real-world situation, on the other hand, the procedure has the flexibility to omit execution of unnecessary actions or to overcome certain kinds of failures by repeating the execution of appropriate actions. Replanning is initiated when there are no matching kernels. As an example of how this process might work, let us return to our block-stacking problem and the plan represented by the triangle table in Figure 7.4. Suppose the system executes actions corresponding to the first 286 A BACKWARD PRODUCTION SYSTEM four F-rules and that the results of these actions are as planned. Now suppose the system attempts to execute the pick-up-block-v4 action, but the execution routine (this time) mistakes block B for block A and picks up block B instead. [Assume again that the perception system accurately updates the state description by adding HOLDING(B) and deleting ON(B, C); in particular, it does not add HOLDING(A ).] If there were no execution error, the 6th kernel would now be matched; the result of the error is that the highest numbered matching kernel is now kernel 4. The action corresponding to stack(£, C) is thus re-executed, putting the system back on the track. The fact that the kernels of triangle tables overlap can be used to advantage to scan the table efficiently for the highest numbered matching kernel. Starting in the bottom row, we scan the table from left to right, looking for the first cell that contains a literal that does not match the current state description. If we scan the whole row without finding such a cell, the goal kernel is matched; otherwise, if we find such a cell in column /, the number of the highest numbered matching kernel cannot be greater than i. In this case, we set a boundary at column i and move up to the next-to-bottom row and begin scanning this row from left to right, but not past column /. If we find a cell containing an unmatched literal, we reset the column boundary and move up another row to begin scanning that row, etc. With the column boundary set to k, the process terminates by finding that the À>th kernel is the highest numbered matching kernel when it completes a scan of the fc-th row (from the bottom) up to the column boundary. 7.4. A BACKWARD PRODUCTION SYSTEM 7.4.1. DEVELOPMENT OF THE B-RULES In order to construct robot plans in an efficient fashion, we often want to work backward from a goal expression to an initial state description, rather than vice versa. Such a system starts with a goal description (again a conjunction of literals) as its global database and applies B-rules to this database to produce subgoal descriptions. It successfully terminates when it produces a subgoal description that is matched by the facts in the initial state description. 287 BASIC PLAN-GENERATING SYSTEMS Our first step in designing a backward production system is to specify a set of B-rules that transform goal expressions into subgoal expressions. One strategy is to use B-rules that are based on the F-rules that we have just discussed. A B-rule that transforms a goal G into a subgoal G' is logically based on the corresponding F-rule that when applied to a state description matching Gf produces a state description matching G. We know that the application of an F-rule to any state description produces a state description that matches the add list literals. Therefore, if a goal expression contains a literal, L, that unifies with one of the literals in the add list of an F-rule, then we know that if we produce a state description that matches appropriate instances of the preconditions of that F-rule, the F-rule can be applied to produce a state description matching L. Thus, the subgoal expression produced by a backward application of an F-rule must certainly contain instances of the precon­ ditions of that F-rule. But if the goal expression contains other literals (besides L ), then the subgoal expression must also contain other literals, which after application of the F-rule, become those other literals (i.e., other than L ) in the goal expression. 7.4.2. REGRESSION To formalize what we have just stated, suppose that we have a goal given by a conjunction of literals [L Λ Gl A ... Λ GN] and that we want to use some F-rule (backward) to produce a subgoal expression. Suppose an F-rule with precondition formula, P, and add formula, A, contains a literal U in A that unifies with L, with most general unifier u. Application of u to the components of the F-rule creates an instance of the F-rule. Certainly the literals in Pu are a subset of the literals of the subgoal that we seek. We must also include the expressions Gl\ ..., GN' in the complete subgoal. The expressions Gl\ ..., GN' must be such that the application of the instance of the F-rule to any state description matching these expressions produces a state description matching G7,..., GN. Each GÏ is called the regression oïGi through the instance of the F-rule. The process of obtaining GV from Gi is called regression. For F-rules specified in the simple STRI PS-form, the regression procedure is quite easily described for ground instances of rules. (A ground instance of an F-rule is an instance in which all of the literals in the precondition formula, the delete list, and the add formula are ground 288 A BACKWARD PRODUCTION SYSTEM literals.) Let R [ Q ; Fu ] be the regression of a literal Q through a ground instance Fu of an F-rule with precondition, P, delete list, D, and add list, A. Then, if Qu is a literal in Au, R[Q;Fu] = T(Truc) else, if Qu is a literal in Du, R[Q ; Fu] = F (False) else, #[£;/*] = Qw In simpler terms, ß regressed through an F-rule is trivially TifQis one of the add literals, it is trivially F if Q is one of the deleted literals; otherwise, it is Q itself. Regressing expressions through incompletely instantiated F-rules is slightly more complicated. We describe how we deal with incompletely instantiated F-rules by some examples. Suppose the F-rule is unstack, given earlier and repeated here: unstack(jc,j) P&D: HANDEMPTY, CLEAR(x), ON(x,y) A: HOLDING(x),CLEAR(y) In particular, suppose we are considering the instance umteck(B,y), perhaps because our goal is to produce HOLDING(B). This instance is not fully instantiated. If we were to regress HOLDING(B) through this F-rule instance, we would obtain T, as expected. (The literal HOLD­ ING (B) is unconditionally true in the state resulting after applying the F-rule.) If we were to regress HANDEMPTY through this F-rule instance, we would obtain F. (The literal HANDEMPTY can never be true immediately after applying unstack.) If we were to regress OiV- TABLE(C), we would obtain ONTABLE(C). (The literal ON- TABLE(C) is unaffected by the F-rule.) Suppose we attempt to regress CLEAR(C) through this incompletely instantiated instance of the F-rule. Note that if y were equal to C, CLEAR(C) would regress to T\ otherwise, it would simply regress to 289 BASIC PLAN-GEN ERATING SYSTEMS CLEAR (C). We could summarize this result by saying that CLEAR ( C) regresses to the disjunction (y == C) V CLEAR(C). (In order for CLEAR ( C) to hold after applying any instance of unstack(2?,/), either/ must be equal to C or CLEAR(C) had to have held before applying the F-rule.) Unfortunately, to accept a disjunctive subgoal expression would violate our restrictions on the allowed forms of goal expressions. Instead, when such a case arises, we produce two alternative subgoal expressions. In the present example, one subgoal expression would contain the precondition of unstack( i?,C), and the other would contain the unin- stantiated precondition of unstack(Z?,j) conjoined with the literal ~{y = C). A related complication occurs when we regress an expression matching an incompletely instantiated literal in the delete list. Suppose, for example that we want to regress CLEAR ( C) through unstack(x, B ). If x were equal to C, then CLEAR(C) would regress to F\ otherwise, it would regress to CLEAR ( C). We could summarize this result by saying that CLEAR(C) regressed to [(JC = C)=>F]A[~(x = C)^>CLEAR(C)]. As a goal, this expression is equivalent to the conjunction [~(JC = C) A CLEAR(C)]. The reader might ask what would happen if we were to regress CLEAR(B) through unstack(2?,j). In our example, we would obtain T for the case y — B. But y — B corresponds to the instance unstack( B, B ), which really ought to be impossible because its precondition involves ON(B,B). Our simple example would be made more realistic by adding the precondition ~(x = y) to unstack(jc,j). In summary, a STRI PS-form F-rule can be used as a B-rule in the following manner. The applicability condition of the B-rule is that the goal expression contain a literal that unifies with one of the literals in the add list of the F-rule. The subgoal expression is created by regressing the other (the nonmatched) literals in the goal expression through the match instance of the F-rule and conjoining these and the match instance of the precondition formula of the F-rule. Let's consider a few more examples to illustrate the regression process. Suppose our goal expression is [ΟΝ(Α,Β) Λ ON(B,C)]. Referring to the F-rules given earlier, there are two ways in which stack(x,y) can be 290 A BACKWARD PRODUCTION SYSTEM used on this expression as a B-rule. The mgu's for these two cases are {A/x,B/y} and {B/x,C/y}. Let's consider the first of these. The subgoal description is constructed as follows: (1) Regress the (unmatched) expression ON(B, C) through stack(,4,£) yielding ON(B, C). (2) Add the expressions HOLDING (A), CLE A R(B) to yield, finally, the subgoal [ON(B,C) A HOLDING{A) A CLEAR(B)]. Another example illustrates how subgoals having existentially quantified variables are created. Suppose our goal expression is CLEAR(A ). Two F-rules have CLEAR on their add list. Let's consider unstack( x,y ). As a B-rule, the mgu is {A/y}, and the subgoal expression created is [HANDEMPTYA CLEAR(x) A ON(x,A)l In this ex­ pression, the variable x is interpreted as existentially quantified. That is, if we can produce a state in which there is a block that is on A and whose top is clear, we can apply the F-rule, unstack, to this state to achieve a state that matches the goal expression, CLEAR(A ). A final example illustrates how we might generate "impossible" subgoal descriptions. Suppose we attempt to apply the B-rule version of unstack to the goal expression [CLEAR(A) A HANDEMPTY]. The mgu is {A/y}. The regression of HANDEMPTY through unstackO^ ) is F. Since no conjunction containing F can be achieved, we see that the application of this B-rule has created an impossible subgoal. [That is, there is no state from which the application of an instance of un- stack(x,^ ) produces a state matching CLEAR(A ) Λ HANDEMPTY.] Impossible goal states might be detected in other ways also. In general, we could use some sort of theorem prover to attempt to deduce a contradiction. If a goal expression is contradictory, it cannot be achieved. Checking for the consistency of goals is important in order to avoid wasting effort attempting to achieve those that are impossible. Sometimes the mgu of a match between a literal on the add list of an F-rule and a goal literal does not further instantiate the F-rule. Suppose, for example, that we want to use the STRIPS rule unstack(u, C) as a B-rule applied to the goal [CLEAR(x) A ONTABLE(x)]. The mgu is { C/x }. Now, even though this substitution does not further instantiate 291 BASIC PLAN-GEN ERATING SYSTEMS unstack(w, C), the substitution is used in the regression process. When ONTABLE(x) is regressed through this instance of unstack(w, C), we obtain ONTABLE(C). 7.43. AN EXAMPLE SOLUTION Let us show how a backward production system, using the STRIPS rules given earlier, might achieve the goal: [ON(A,B)AON(B,C)]. In this particular example, the subgoal space generated by applying all applicable B-rules is larger than the state space that we produced using F-rules. Many of the subgoal descriptions, however, are "impossible," that is, either they contain F explicitly or rather straightforward theorem proving would reveal their impossibility. Pruning impossible subgoals greatly reduces the subgoal space. In Figure 7.5 we show the results of applying some B-rules to our example goal. (The tail of each B-rule arc is adjacent to that goal literal used to match a literal in the add list of the rule.) Note in Figure 7.5 that when unstack was matched against CLEAR(B), it was not fully instantiated. As we discussed earlier, if a possible instantiation allows a literal in the add list of the rule to match a literal in the goal expression, we make this instantiation explicit by creating a separate subgoal node using it. All but one of the tip nodes in this figure can be pruned. The tip nodes marked "*" all represent impossible goals. That is, no state description can possibly match these goals. In one of them, for example, we must achieve the conjunct [HOLDING(B) A ON(A,B)], an obvious im­ possibility. We assume that our backward reasoning system has some sort of mechanism for detecting such unachievable goals. The tip node marked "**" can be viewed as a further specification of the original goal (that is, it contains all of the literals in the original goal plus some additional ones.) Heuristically, we might prune (or at least delay expansion of) this subgoal node, because it is probably harder to achieve than the original goal. Also, this subgoal is one of those produced by matching CLEAR ( B ) against the add list of a rule. Since CLEAR ( B ) is already true in the initial state, there are heuristic grounds against 292 A BACKWARD PRODUCTION SYSTEM stacks, B) stack(£,C) HOLDING(A) CLEAR(B) ON(B,C) pickup( A )/ stack(£, C ) ONTABLE(A) CLEAR(A) HANDEMPTY ON(B,C) CLEAR(B) unstack(jt:,Ä) HOLDING(B) CLEAR(C) HOLDING(A) HANDEMPTY CLEAR(x) ON(x,B) (x±A) HOLDING(A) ON(B,C) HANDEMPTY CLEAR(A) ON{A,B) ON(B,C) Fig. 7.5 Part of the backward {goat) search graph for a robot problem. attempting to achieve it when it occurs in subgoal descriptions. (Some­ times, of course, goal literals that already match literals in the initial state might get deleted by early F-rules in the plan and need to be reachieved by later F-rules. Thus, this heuristic is not always reliable.) The pruning operations leave just one subgoal node. The immediate successors of this subgoal are shown numbered in Figure 7.6. In this figure, nodes 1 and 6 contain conditions on the value of the variable x. (Conditions like these are inserted by the regression process when the delete list of the rule contains literals that might match regressed literals.) Both nodes 1 and 6 can be pruned in any case, because they contain the literal F, which makes them impossible to achieve. Note also that node 2 is impossible to achieve because of the conjunction HOLD­ ING(B) A ON (B,C). Node 4 is identical to one of its ancestors (in Figure 7.5), so it can be pruned also. (If a subgoal description is merely implied by one of its ancestors instead of being identical to one of them, 293 BASIC PLAN-GENERATING SYSTEMS unstack(x,^l ) HANDEMPTY CLEAR(x) ON(x,A) ONTABLE(A) F ON(B,C) CLEAR(B) From Regressing ~ HANDEMPTY unstack(x,Z?) HANDEMPTY CLEAR(x) ON(x,B) ONTABLE(A) CLEAR(A) (ΧΦΑ) F ON(B,C) From Regressing " HANDEMPTY \ pickupM) ONTABLE(A) CLEAR(A) HANDEMPTY ON{B,C) putdown(v4) CLEAR(B) HOLDING(B) ONTABLE(A) CLEAR(A) ON(B,C) HOLDING(B) CLEAR(C) ONTABLE(A) CLEAR(A) HOLDING(x) ONTABLE(A) CLEAR(A) (x*A) ON(B,C) CLEAR(B) Fig. 7.6 Continuation of the backward search graph. 294 A BACKWARD PRODUCTION SYSTEM unstack(ß.v) HOLDING {x) ONTABLE(B) CLEAR(B) {χΦΒ) CLEAR(C) (x*C) ONTA BLE (A) CLEAR (A) This subgoal matches the initial state description Fig. 7.7 Conclusion of the backward search graph. 295 BASIC PLAN-GENERATING SYSTEMS we cannot, in general, prune it. Some of the successors generated by the ancestor might have been impossible because literals in the ancestor, but not in the subgoal node, might have regressed to F.) These pruning operations leave us only nodes 5 and 3. Let's examine node 5 for a moment. Here we have an existential variable in the goal description. Since the only possible instances that can be substituted for x (namely, B and C in this case) lead to impossible goals, we are justified in pruning node 5 also. In Figure 7.7 we show part of the goal space below node 3, the sole surviving tip node from Figure 7.6. This part of the space is a bit more branched than before, but we soon find a solution. (That is, we produce a subgoal description that matches the initial state description.) If we follow the B-rule arcs back to the top goal (along the darkened branches), we see that the following sequence of F-rules solves our problem: {unstack(C,v4), putdown(C), pickup(2?), stack(2?, C), pickup(^l), stacks, £)}. 7.4.4. INTERACTING GOALS When literals in a goal description survive into descendant descrip­ tions, some of the same B-rules are applicable to the descendants as were applicable to the original goal. This situation can involve us in a search through all possible orderings of a sequence of rules before one that is acceptable is found. In problems for which several possible orderings of the different rules are acceptable, such a search is wastefully redundant. This efficiency problem is the same one that led us to the concept of decomposable systems. One way to avoid the redundancy of multiple solutions to the same goal component in different subgoals is to isolate a goal component and work on it alone until it is solved. After solving one of the components, by finding an appropriate sequence of F-rules, we can return to the compound goal and select another component, and so on. This process is related to splitting or decomposing compound (i.e., conjunctive) goals into single-literal components and suggests the use of decomposable systems. If we attempted to use a decomposable system to solve our example block-stacking problem, the compound goal would be split as shown in Figure 7.8. Suppose the initial state of the world is as shown in Figure 7.1. 296 A BACKWARD PRODUCTION SYSTEM If we work on the component goal ON(B,C) first, we easily find the solution sequence (pickup(2?), stack(2?, C)}. But if we apply this sequence, the state of the world would change, so that a solution to the other component goal, ON(A,B), would become more difficult. Fur­thermore, any solution to ON(A,B) from this state must "undo" the achieved goal, ON(B,C). On the other hand, if we work on the goal ON(A,B) first, we find we can achieve it by the sequence {un- stack(C,^4), putdown(C), stack(A,B)}. Again, the state of the world would change to one from which the other component goal, ON(B,C), would be harder to solve. There seems no way to solve this problem by selecting one component, solving it, and then solving the other compo­ nent without undoing the solution to the first. We say that the component goals of this problem interact. Solving one goal undoes an independently derived solution to the other. In general, when a forward production system is noncommutative, the correspond­ ing backward system is not decomposable and cannot work on compo­ nent goals independently. Interactions caused by the noncommutative effects of F-rule applications prevent us from being able to use success­fully the strategy of combining independent solutions for each compo­ nent. In our example problem, the component goals are highly interactive. But in more typical problems, we might expect that component goals would occasionally interact but often would not. For such problems, it might be more efficient to assume initially that the components of compound goals can be solved separately, handling interactions, when they arise, by special mechanisms—rather than assuming that all compound goals are likely to interact. In the next section we describe a problem-solving system named STRIPS that is based on this general strategy. Fig. 7.8 Splitting a compound goal. 297 BASIC PLAN-GENERATING SYSTEMS 7.5. STRIPS The STRIPS system was one of the early robot problem-solving systems. STRIPS maintains a "stack" of goals and focuses its problem- solving effort on the top goal of the stack. Initially, the goal stack contains just the main goal. Whenever the top goal in the goal stack matches the current state description, it is eliminated from the stack, and the match substitution is applied to the expressions beneath it in the stack. Otherwise, if the top goal in the goal stack is a compound goal, STRIPS adds each of the component goal literals, in some order, above the compound goal in the goal stack. The idea is that STRIPS works on each of these component goals in the order in which they appear on the stack. When all of the component goals are solved, it reconsiders the compound goal again, re-listing the components on the top of the stack if the compound goal does not match the current state description. This reconsideration of the compound goal is the (rather primitive) safety feature that STRIPS uses to deal with the interacting goal problem. If solving one component goal undoes an already solved component, the undone goal is reconsidered and solved again if needed. When the top (unsolved) goal on the stack is a single-literal goal, STRIPS looks for an F-rule whose add list contains a literal that can be matched to it. The match instance of this F-rule then replaces the single-literal goal at the top of the stack. On top of the F-rule is then added the match instance of its precondition formula, P. If P is compound and does not match the current state description, its compo­ nents are added above it, in some order, on the stack. When the top item on the stack is an F-rule, it is because the precondition formula of this F-rule was matched by the current state description and removed from the stack. Thus, the F-rule is applicable, and it is applied to the current state description and removed from the top of the stack. The new state description is now used in place of the original one, and the system keeps track of the F-rule that has been applied for later use in composing a solution sequence. We can view STRIPS as a production system in which the global database is the combination of the current state description and the goal stack. Operations on this database produce changes to either the state description or to the goal stack, and the process continues until the goal stack is empty. The "rules" of this production system are then the rules 298 STRIPS that transform one global database into another. They should not be confused with the STRIPS rules that correspond to the models of robot actions. These top-level rules change the global database, consisting of both state description and goal stack. STRIPS rules are named in the goal stack and are used to change the state description. The operation of the STRIPS system with a graph-search control regime produces a graph of global databases, and a solution corresponds to a path in this graph leading from the start to a termination node. (A termination node is one labeled by a database having an empty goal stack.) Let us see how STRIPS might solve a rather simple block-stacking problem. Suppose the goal is [ ON(C, B ) and ON {A, C)], and the initial state is as shown in Figure 7.1. We note that this goal can be simply accomplished by putting C on B and then putting A on C. We use the same STRIPS rules as before. In Figure 7,9 we show part of a graph that might be generated by STRIPS during the solution of this example problem. (For clarity, we show a picture of the state of the blocks along with each state description.) Since this problem was very simple, STRIPS quite easily obtains the solution sequence {unstack( C, A ), stack( C, B ), pickup( A ), stack(^,C)}. STRIPS has somewhat more difficulty with the problem whose goal is [ON(B,C) Λ ON(A,B)]. Starting from the same initial configuration of blocks, it is possible for STRIPS to produce a solution sequence longer than needed, namely, {unstack( C, A ), putdown( C ), pickup( A ), stack(^4, B ), unstack( A, B ), putdown( Λ ), pickup( B ), stack( 2?, C ), pickup(yl), stack(A,B)}. The third through sixth rules represent an unnecessary detour. This detour results in this case because STRIPS decided to achieve ON(A 9B) before achieving ON(B,C). The interac­ tion between these goals then forced STRIPS to undo ON{A,B) before it could achieve ON(B,C). 299 STATE DESCRIPTION CLEARiB) CLEARiO ONiC.A) ONTABLEiA) ONTABLEiB) GOAL STACK ONiC.B) A ON(A.C) Λ STATE DESCRIPTION CLEARiB) CLEARiO 1 ONiC.A) p-l"1 ONTABLEiA) L£J ONTABLEiB) MI \B\ HANDEMPTY GOAL STACK ONiC.B) ONiC.B) AONiA.C) • STATE DESCRIPTION GOAL STACK CLEARiB) CLEARiO J^ ONiC.A) r—i ONTABLEiA) L£J ONTABLEiB) MI l gl HANDEMPTY CLEARiC) A //OZ.D/,YGX4) stack(/1.0 ONiC.B) ONiC.B) AONiA.C) Not a promising solution path. ^ STATE DESCRIPTION CLEARiB) CLEARiO I OV(C„4) ^ ONTABLEiA) ONTABLEiB) GOAL STACK av(/4.c) ONiC.B) A 0.\'(A.C) ~Ä\ Γ^Ι HANDEMPTY STATE DESCRIPTION CL £V«/?(Ä) C2.£V4Ä(C) ,_[_, av(c./i) r—I ONTABLEiA) p-| p-, ONTABLEiB) MI 1*1 HANDEMPTY GOAL STACK CLEARiB) A HOLDINGiO stack(Cfl) O.YM.O 0A(Ci)A0.V(,l,O STATE DESCRIPTION <Γ££Λ/?(£) C££Vltf(C) OvV(C..4) ONTABLEiA) ONTABLEiB) HANDEMPTY Λ JH GOAL STACK HOLDINGiC) CLEARiB) CLEARiB) A HOLDINGiC) stack(C.£) aV(/l.C) ONiC.B) A ON'iA.C) Fig. 7.9 A search graph produced by STRIPS. Not a promising solution patii. 03 n 3 6 w z w 5 5 o ·< C/5 W S From previous page STATE DESCRIPTION CLEAR(B) j CLEAR(Q ON(C,A) ONTABLE(A) I ONTABLE(B) »-^ HANDEMPTY fc M" m GOAL STACK HANDEMPTY A CLEAR(C) AON{C,y) unstack(C,7) CLEAR(B) CLEAR(B)AHOLDING(Q stack(C,£) ON(A,C) ON{C,B) A ON(A,C) With[A/y]the top subgoal matches the current state description. We can then apply unstack(C,A). Now the next two goals match also, so we can apply stack(C,£). STATE DESCRIPTION CLEAR(C) CLEAR{A) 1 ON{C,B) 1 1 FI C £ HANDEMPTY ONTABLE(A) . ONTABLE(B) GOAL STACK ON(A,C) ON(C,B) A ON(A,C) \ y STATE DESCRIPTION CLEAR(A) CLEAR(C) 1 CW(C,£) "y—1 ONTABLE(A) L£J ONTABLE(B) Ml Ml HANDEMPTY GOAL STACK CLEAR(C) A H0LD1NG(A ) stacks ,C) ON(C,B) A ON{A,C) STATE DESCRIPTION Λ JZL CLEARiC) ON(C,B) ONTABLE(A) ONTABLE(B) HANDEMPTY GOAL STACK ONTABLE(A) A CLEAR(A) A HANDEMPTY\ pickup(.4 ) CLEAR(C) A HOLDING(A) st2ick(A,C) ON(QB) A ON(A,C) Now we can apply pickup(/l ), and then the next goal will be matched, so we can apply stack(A,C). Now the last remaining goal on the stack is matched. STATE DESCRIPTION Λ ON(A,C) ON(C,B) HANDEMPTY CLEAR{A) ONTABLE(B) GOAL STACK NIL BASIC PLAN-GEN ERATING SYSTEMS 7.5.1. CONTROL STRATEGIES FOR STRIPS Several decisions must be made by the control component of the STRIPS system. We'll mention some of these briefly. First, it must decide how to order the components of a compound goal above the compound goal in the goal stack. A reasonable approach is first to find all of those components that match the current state description. (Conceptually, they are put on the top of the stack and then immediately stripped off.) This step leaves only the unmatched goals to be ordered. We could create a new successor node for each possible ordering (as we did in our examples) or we could select just one of them arbitrarily (perhaps that goal literal heuristically judged to be the hardest) and create a successor node in which only that component goal is put on the stack. The latter approach is probably adequate because after this single goal is solved, we'll confront the compound goal again and have the opportunity to select another one of its unachieved components. When (existentially quantified) variables occur in the goal stack, the control component may need to make a choice from among several possible instantiations. We can assume that a different successor can be created for each possible instantiation. When more than one STRIPS F-rule would achieve the top goal on the goal stack, we are again faced with a choice. Each relevant rule can produce a different successor node. A graph-search control strategy must be able to make a selection of which leaf node to work on in the problem-solving graph. Any of the methods of chapter 2 might be used here; in particular, we might develop a heuristic evaluation function over these nodes taking into account, for example, such factors as length of the goal stack, difficulty of the problems on the goal stack, cost of the STRIPS F-rules, etc. An interesting special case of STRIPS can be developed if we decide to use a backtracking control regime instead of a graph-search control regime. Here we can imagine a recursive function called STRIPS that calls itself to solve the top goal on the stack. In this case, the explicit use of a goal stack can be supplanted by the built-in stack mechanism of the language (such as LISP) in which recursive STRIPS is implemented. The program for recursive STRIPS would look something like the following: 302 STRIPS First, we set S, a global variable, to the initial state description. (We call the program initially with the argument, G, the goal that STRIPS is trying to achieve.) Recursive Procedure STRIPS(G) 1 until S matches G, do:; the main loop of STRIPS is iterative 2 begin 3 g 4— a component of G that does not match S; a nondeterministic selection and therefore a backtracking point 4 /**— an F-rule whose add list contains a literal that matches g; another backtracking point 5 p 4— precondition formula of appropriate instance of/ 6 STRIPS(/? ); a recursive call to solve the subproblem 7 5 4— result of applying appropriate instance of/to S 8 end 7.5.2. MEANS-ENDS ANALYSIS AND GPS An early problem-solving system called GPS (standing for General Problem Solver) used methods similar to those later used by STRIPS. GPS used a technique for identifying some key F-rules, given a state description, 5, and a goal, G. The identification process first attempted to calculate a difference between S and G. This difference-calculating process was performed by a function that needed to be written especially for each domain of application. 303 BAS 1C PLAN GEN ERATIN G SYSTEMS Differences were used to select “relevant” F-rules by accessing a “difference table” in which F-rules were associated with differences. The F-rules associated with a given difference are those F-rules that are “relevant to reducing that difference.” The F-rules associated with each difference were ordered according to relevance. A difference table had to be provided for each domain of application. Once an F-rule was selected as relevant to removing a difference, GPS worked recursively on the preconditions for that F-rule. When these had been satisfied, the F-rule was applied to the current state description, and the process continued. Thus, we see that recursive GPS is very similar to (if slightly more general than) recursive STRIPS. (Historically, the design of STRIPS was motivated by GPS.) The program for recursive GPS might look something like the following: First, we set S, a global variable, to the initial state description. (We call the program initially with the argument, G, the goal that GPS is trying to achieve.) Recursive Procedure GPS( G) 1 until S matches G, do:; the main loop of GPS is iterative 2 begin 3 d 4- a difference between S and G; a backtracking point 4 f4- an F-rule relevant to reducing d; another backtracking point 5 p 4- precondition formula of appropriate instance off 6 GPS(p); a recursive call to solve the subproblem 7 S 4- result of applying appropriate instance off to s 8 end 304 STRIPS The process of identifying differences and selecting F-rules to reduce them is called means-ends analysis. Recursive STRIPS can be regarded as a special case of GPS, where differences between S and G are those components of G unmatched by S and where all F-rules whose add list contains a literal L are considered relevant to reducing the difference, L. Although, originally, GPS worked recursively, as we have described, we could also easily imagine a GPS system having a graph-search control regime similar to that discussed for STRIPS. 7.53. A PROBLEM THAT STRIPS CANNOT SOLVE STRIPS produces straightforward solutions to many problems, but, as we have seen, there are some problems for which STRIPS may produce solutions longer than necessary. Also, there are some very simple problems for which it is impossible for STRIPS (as described) to produce any solution at all. An example of a problem that STRIPS cannot solve is the problem of generating a program to switch the contents of two memory registers in a computer. Suppose we have two memory registers X and y whose initial contents are A and B respectively. We might represent this situation by the state description [CONT(X,A) A CONT(Y,B)] where CONT(X 9A)9 for example, means that register X has content A (i.e., program variable X has value A ). In this example we must try not to be confused by the fact that a program "variable," like X, is really a constant symbol of our predicate calculus language that refers to a definite object (a particular memory register). Predicate calculus variables, like x and y, are used to denote arbitrary program variables (like X) and their "values" (like A ). To help avoid confusion, we purposely use the terms "register" and "content" instead of "program variables" and "values." Our goal for STRIPS is the expression [ CONT(X, B ) Λ CONT{ Y,A )]. The only operation that we allow is the assignment statement in which one register is "assigned" to another, that is, its content is replaced by the content of the other. We can represent such an assignment statement by an F-rule: assign(w,r,/,s) P: CONT{r,s) A CONT(uJ) D: CONT(u,t) A: CONT(u,s) 305 BASIC PLAN-GEN ERATING SYSTEMS © STATE DESCRIPTION CONT(X,A) CONT(Y,B) CONT(Z,0) © STATE DESCRIPTION CONT(X.A) CONT{Y,B) CONT(Z,0) GOAL STACK CONT(X,B) A CONT(Y,A) r GOAL STACK CONT(X,B) CONT(Y<A) CONT(X,B)ACONT(Y,A) ® ! STATE DESCRIPTION CONT(X,A) CONT(Y,B) CONT(Z,0) © STATE DESCRIPTION CONT(X.B) CONT(Y,B) CONT(Z,0) GOAL STACK CONT(r,B) A CONT(Xj) assign (X,r,t, B) CONT(Y,A) CONT(X,B)ACONT(Y,A) Here, we can match the top g [Y/r,A/t] and apply assign {) 1 GOAL STACK CONT(Y,A) CONT(X,B)ACONT(Y,A) Fig. 7.10 A problem STRIPS cannot solve. This assignment statement might be read: Assign the register u (with current content l) to the register r (with current content s). The result is that the current content of register u will be s, and the content of r will remain s. The original content of w, namely t, is lost in this process. A production system using this F-rule is noncommutative, because a CO NT relation is deleted by assign. Well-known to beginning program- 306 USING DEDUCTION SYSTEMS TO GENERATE ROBOT PLANS ming students, the destructive property of the assignment statement requires that one must store the content of either Xov Y in a third register before attempting an exchange. To make the problem more than fair for STRIPS, we explicitly name this needed third register at the beginning of the problem. This naming can be done by adding the fact CONT(Z,0) to the initial state description. (In the next chapter we discuss a way in which additional registers could be created if the system decides it needs them.) In Figure 7.10 we show an attempt by STRIPS at the solution to this problem. Since the initial problem is completely symmetrical, it makes no difference how we order the components of the initial compound goal in node 1. At node 2, STRIPS quite reasonably decides to apply the instance assign^,/*,/,£). This operation creates node 3. Now we see STRIPS' fatal flaw: It is too anxious! It immediately decides that the top goal of node 3 can be matched by the current state description with mgu { Y/r, A /t). This instance of assign unfortunately losest, making the top goal in node 4 unsolvable. Furthermore, there is no other match for the top goal in node 3 with node 3's state description. The only way that this problem could be solved would be to defer temporarily matching the top goal of node 3, and to create a successor node with top goal CONT(r,B). Then perhaps in some ultimate descendant, Z would be substituted for r. But to add this mechanism, of deferring goal matching, would greatly complicate STRIPS. Instead we describe in the next chapter some problem-solving systems that are inherently more powerful than STRIPS. 7.6. USING DEDUCTION SYSTEMS TO GENERATE ROBOT PLANS From the examples given in this chapter, we see that the problem of composing a sequence of actions has a straightforward formulation involving STRI PS-form rules. A forward production system using these rules is typically noncommutative because certain expressions may be deleted when a rule is applied. We stress again that there is nothing inherently commutative or noncommutative about robot problems themselves: Commutativity (or its lack) depends entirely on the details of the production system used to solve a problem. It is perfectly possible, for 307 BASIC PLAN-GEN ERATING SYSTEMS example, to formulate robot problems so that they can be solved by commutative production systems. One way to achieve such a commuta­ tive formulation is to pose robot problems as theorems to be proved and then use one of our commutative deduction systems. Formulating a robot problem as a problem of deduction is, perhaps, a bit more complex and awkward than using STRI PS-form rules, but theorem-proving formula­ tions have considerable theoretical interest and preceded STRIPS historically. We describe two alternative approaches for posing robot problems as theorem-proving problems. 7.6.1. GREENS FORMULATION One of the first attempts to solve robot problems was by Green (1969a), who formulated them in such a way that a resolution theorem- proving system (a commutative system) could solve them. This formula­ tion involved one set of assertions that described the initial state and another set that described the effects of the various robot actions on states. To keep track of which facts were true in which state, Green included a "state" or "situation" variable in each predicate. The goal condition was then described by a formula with an existentially quantified state variable. That is, the system would attempt to prove that there existed a state in which a certain condition was true. A constructive proof method, then, could be used to produce the set of actions that would create the desired state. In Green's system, all assertions (and the negation of the goal condition) were converted to clause form for a resolution theorem prover, although other deduction systems could have been used as well. An example problem will help to illustrate exactly how this method works. Unfortunately, the notation needed in these theorem-proving formulations is a bit cumbersome, and the block-stacking examples that we have been using need to be simplified somewhat to keep the examples manageable. Suppose we have the initial situation depicted in Figure 7.11. There are just four discrete positions on a table, namely, Z>, E, F and G ; and there are three blocks, namely, A, B and C, resting on three of the positions as shown. Suppose we name this initial state SO. Then we denote the fact that block A is on position D in SO by the literal ON(A,D,SO). The state name is made an explicit argument of the predicate. The complete 308 USING DEDUCTION SYSTEMS TO GENERATE ROBOT PLANS configuration of blocks in the initial state is then given by the following set of formulas: ON(A,D,SO) ON(B,E,SO) ON(C,F,SO) CLEAR(A,SO) CLEAR (B, SO) CLEAR (C, SO) CLEAR(G,SO) Now we need a way to express the effects that various robot actions might have on the states. In theorem-proving formulations, we express these effects by logical implications rather than by STRI PS-form rules. For example, suppose the robot has an action that can "transfer" a block x from position y to position z, where 7 and z might be either the names of other blocks that block x might be resting on or the names of positions on the table that block x might be resting on. Let us assume that both block x and position z (the target position) must be clear in order to execute this action. We model this action by the expression "trans (x,y,z)" When an action is executed in one state, the result is a new state. We use the special functional expression "do{action,state)" to denote the function that maps a state into the one resulting from an action. Thus, if trans(x,y,z) is executed in state, s, the result is a state given by do[trans(x,y,z),s]. The major effect of the action modeled by trans can then be formulated as the following implication: [CLEAR(x,s) A CLEAR(z,s) A ON(x,y,s) A DIFF(x,z)] ^>[CLEAR(x,do[trans(x,y,z),s]) A CLEAR(y,do[trans(x,y,z),s]) A ON(x,z,do[trans(x 9y,z),s])] . (All variables in assertions have implicit universal quantification.) A B C mtmMmmmmm G D E F Fig. 7.11 An initial configuration of blocks. 309 BASIC PLAN-GENERATING SYSTEMS This formula states that if x and z are clear and if x is on y in state s, and if x and z are different, then x and y will be clear and x will be on z in the state resulting from performing the action trans(x,^,z) in state s. (The predicate DI FF does not need a state variable because its truth value is independent of state.) But this formula alone does not completely specify the effects of the action. We must also state that certain relations are unaffected by the action. In systems like STRIPS, the F-rules use the convention that relations not explicitly named in the rule are unaffected. But here the effects and "non-effects" alike need to be stated explicitly. Unfortunately, in Green's formulation, we must have assertions for each relation not affected by an action. For example, we need the following assertion to express that the blocks that are not moved stay in the same position: [ON(u,v,s)ADIFF(u,x)] => ON ( w, v, do [ trans ( x,y, z ), s ]) . And we would need another formula to state that block u remains clear if block u is clear when a block v (not equal to u ) is put on a block w (not equal to u ). These assertions, describing what stays the same during an action, are sometimes called the frame assertions. In large systems, there may be many predicates used to describe a situation. Green's formulation would require (for each action) a separate frame assertion for each predicate. This representation could be condensed if we used a higher order logic, in which we could write a formula something like: (VP)[P(s)^> P[do(action^)]. But higher order logics have their own complications. (Later, we examine another first-order logic formulation that does allow us to avoid multiple frame assertions.) After all of the assertions for actions are expressed by implications, we are ready to attempt to solve an actual robot problem. Suppose we wanted to achieve the simple goal of having block A on block B. This goal would be expressed as follows: 310 USING DEDUCTION SYSTEMS TO GENERATE ROBOT PLANS (3s)ON(A,B,s). The problem can now be solved by finding a constructive proof of the goal formula from the assertions. Any reasonable theorem-proving method might be used. As already mentioned, Green used a resolution system in which the goal was negated and all formulas were then put into clause form. The system then would attempt to find a contradiction, and an answer extraction process would find the goal state that exists. This state would, in general, be expressed as a composition of do functions, naming the actions involved in producing the goal state. We show a resolution refutation graph for our example problem in Figure 7.12 (the DIFF predicate is evaluated, instead of resolved against). Applying answer extraction to the graph of Figure 7.12 yields: si = do[trans(A,D 9B),SO], which names the single action needed to accomplish the goal in this case. Instead of resolution, we could have used one of the rule-based deduction systems discussed in chapter 6. The assertions describing the initial state might be used as facts, and the action and frame assertions might be used as production rules. The example just cited is trivially simple, of course—we didn't even need to use any of the frame assertions in this case. (We certainly would have had to use them if, for example, our goal had been the compound goal [ON(A,B,s) A ON(B,C,s)]. In that case, we would have had to prove that B stayed on C while putting A on B.) However, in even slightly more complex examples, the amount of theorem-proving search required to solve a robot problem using this formulation can grow so explosively that the method becomes quite impractical. These search problems together with the difficulties caused by the frame assertions were the major impetus behind the development of the STRIPS problem-solving system. 7.6.2. KOWALSKIS FORMULATION Kowalski has suggested a different formulation. It simplifies the statement of the frame assertions. What would ordinarily be predicates in Green's formulation are made terms. 311 BASIC PLAN-GENERATING SYSTEMS -CLEAR{x,s) V -CLEAR(z,s) V ~ON(x,y,s) V ~DlFF(x,z) V ON(x,z,do[trans(x,y,z),s]) ~CLEAR(A,s) V -CLEAR (B,s) V ~ON(x,y,s) V -DIFF(A,B) ~CLEAR(B,SO) V ~~ON(x,y tS0) V ~DIFF{A,B) Fig. 7.12 A refiitation graph for a block-stacking problem. 312 USING DEDUCTION SYSTEMS TO GENERATE ROBOT PLANS For example, instead of using the literal ON(A,D,SO)Xo denote the fact that A is on D in state SO, we use the literal HOLDS [on(A,D),SO]. The term on(A,D) denotes the "concept" of A being on D; such concepts are treated as individuals in our new calculus. Representing what would normally be relations as individuals is a way of gaining some of the benefits of a higher order logic in a first-order formulation. The initial state shown in Figure 7.11 is then given by the following set of expressions: 1 POSS(SO) 2 HOLDS[on(A,D),SO] 3 HOLDS[on(B,E),SO] 4 HOLDS[on(C,F),SO] 5 HOLDS[clear(A),SO] 6 HOLDS[clear(B),SO] 1 HOLDS[clear(C),SO] 8 HOLDS[clear(G),SO] The literal PO SS (SO ) means that the state SO is a possible state, that is, one that can be reached. (The reason for having the POSS predicate will become apparent later.) Now we express part of the effects of actions (the "add-list" literals) by using a separate HOLDS literal for each relation made true by the action. In the case of our action trans ( x,y, z ), we have the following expressions: 9 HOLDS [ clear ( x ), do [ trans ( x,y, z),s]] 10 HOLDS[clear(yido[trans(x,y 9z),s]] 11 HOLDS[on(x,z\ do [ trans (x,y, z),s]] (Again, all variables in the assertions are universally quantified.) Another predicate, PACT, is used to say that it is possible to perform a given action in a given state, that is, the preconditions of the action match that state description. PACT(a,s) states that it is possible to perform action a in state s. For our action trans, we thus have: 12 [HOLDS[clear(x),s] A HOLDS[clear(z),s] Λ HOLDS[on(x,y),s] A DIFF(x,z)} => PA CT[ trans ( x,y, z ), s ] 313 BASIC PLAN-GENERATING SYSTEMS Next we state that if a given state is possible and if the preconditions of an action are satisfied in that state, then the state produced by performing that action is also possible: 13 [POSS(s) A PACT(u,s)]=> POSS[do(u,s)] The major advantage of Kowalski's formulation is that we need only one frame assertion for each action. In our example, the single frame assertion is: 14 {HOLDS(v,s) A DIFF[v,clear(z)] A DIFF[v,on(x,y)]} => HOLDS[v,do[trans(x,y,z\s]] This expression quite simply states that all terms different than clear (z) and on (x,y) still HOLD in all states produced by performing the action trans(x,y,z). A goal for the system is given, as usual, by an expression with an existentially quantified state variable. If we wanted to achieve B on C and A on B, our goal would be: (3s){POSS(s) A HOLDS[on(B,C\s] A HOLDS[on(A,B\s}} The added conjunct, POSS(s), is needed to require that state s be reachable. Assertions 1-14, then, express the basic knowledge needed by a problem solver for this example. If we were to use one of the rule-based deduction systems of chapter 6 to solve problems using this knowledge, we might use assertions 1-11 as facts and use assertions 12-14 as rules. The details of operation of such a system would depend on whether the rules were used in a forward or backward manner and on the specific control strategy used by the system. For example, to make the rule-based system "simulate" the steps that would be performed by a backward production system using STRI PS-form rules, we would force the control strategy of the deduction system, first, to match one of assertions 9-11 (the "adds") against the goal. (This step would establish the action through which we were attempting to work backward.) Next, assertions 13 and 12 would be used to set up the preconditions of that action. Subsequently, the frame assertion, number 14, would be used to regress the other goal conditions through this action. All DIFF predicates should 314 BIBLIOGRAPHICAL AND HISTORICAL REMARKS be evaluated whenever possible. This whole sequence would then be repeated on one of the subgoal predicates until a set of subgoals was produced that would unify with fact assertions 1-8. Other control strategies could, no doubt, be specified that would allow a rule-based deduction system to "simulate" the steps of STRIPS and other more complex robot problem-solving systems, to be discussed in the next chapter. One way to specify the appropriate control strategies would be to use the ordering conventions on facts and rules that are used by the PROLOG language discussed in chapter 6. Comparing deduction systems with a STRI PS-like system, we must not be tempted to claim that one type can solve problems that the other cannot. In fact, by suitable control mechanisms, the problem-solving traces of different types of systems can be made essentially identical. The point is that to solve robot problems efficiently with deduction systems requires specialized and explicit control strategies that are implicitly "built-in to" the conventions used by systems like STRIPS. STRI PS-like robot problem-solving systems would appear, therefore, to be related to the deduction-based systems in the same way that a higher level programming language is related to lower level ones. 7.7. BIBLIOGRAPHICAL AND HISTORICAL REMARKS Modeling robot actions by STRI PS-form rules was proposed, as a partial solution to the frame problem, in a paper by Fikes and Nilsson (1971). A similar approach is followed in the PLANNER-like AI languages [Bobrow and Raphael (1974); Derksen, Rulifson, and Wal- dinger (1972)]. The frame problem is discussed in McCarthy and Hayes (1969), Hayes (1973a), and Raphael (1971). The problem of dealing with anomalous conditions is discussed in McCarthy and Hayes (1969) and in McCarthy (1977). McCarthy calls this problem the qualification problem and suggests that it may subsume the frame problem. Fahlman (1974) and Fikes (1975) avoid some frame problems by distinguishing between primary and secondary relationships. Models of actions are defined in terms of their effects on primary relationships; secondary relationships are deduced (as needed) from the primary ones. Waldinger (1977, part 2) 315 BASIC PLAN-GEN ERATING SYSTEMS contains a clear discussion of frame problems not overcome by STRI PS- form rules. Hendrix (1973) proposes a technique for modeling continu­ ous actions. The robot actions used in the examples of this chapter are based on those of Dawson and Siklóssy (1977). The use of triangle tables to represent the structure of plans was proposed in a paper by Fikes, Hart, and Nilsson (1972b). Execution strategies using triangle tables were also discussed in that paper. The use of regression for computing the effects of B-rules is based on a similar use by Waldinger (1977). The STRIPS problem-solving system is described in Fikes and Nilsson (1971). The version of STRIPS discussed in this chapter is somewhat simpler than the original system. Fikes, Hart, and Nilsson (1972b) describe how solutions to specific robot problems can be generalized and used as components of plans for solving more difficult problems. Triangle tables play a key role in this process. The GPS system was developed by Ne well, Shaw, and Simon (1960) [see also Newell and Simon (1963)]. Ernst and Newell (1969) describe how later versions of GPS solve a variety of problems. Ernst (1969) presents a formal analysis of the properties of GPS. For an interesting example of applying "robot" problem-solving ideas to a domain other than robotics, see Cohen (1978), who describes a system for planning speech acts. The use of formal methods for solving robot problems was proposed in the "advice taker" memoranda of McCarthy (1958, 1963). Work toward implementing such a system was undertaken by Black (1964). Green (1969a) was the first to develop a full-scale formal system. McCarthy and Hayes (1969) contains proposals for formal problem-solving methods. Kowalski (1974b, 1979b) presents an alternative formulation that escapes some of the frame problems of first-order systems. Simon (1972a) discusses the general problem of reasoning about actions. 316 EXERCISES EXERCISES 7.1 In LISP, rplaca(x,j>) alters the list structure x by replacing the car part of x by y. Similarly, rplacd(.x,j>) relaces the cdr part of x by y. Represent the effects on list structure of these two operations by STRIPS rules. 7.2 Let right (x ) denote the cell to the right of cell x (when there is such a cell) in the 8-puzzle. Define similarly left(x), up(x), and down(x). Write STRIPS rules to model the actions move B (blank) up, move B down, move B left, move B right. 13 Write simple English sentences that express the intended meanings of each of the literals in Figure 7.1. Devise a set of context-free rewrite rules to describe the syntax of these sentences. 7.4 Describe how the two STRIPS rules pickup(jc) and stack(x,y) could be combined into a macro-rule put(x,y). What are the precondi­ tions, delete list and add list of the new rule. Can you specify a general procedure for creating macro-rules from components? 7.5 Referring to the blocks-world situation of Figure 7.1, let us define the predicate ABOVE in terms of ON as follows: ON(x,y)=ïABOVE(x,y) ABOVE(x,y) A ABOVE(y,z)=>ABOVE(x,z). The frame problems caused by the explicit occurrence of such derived predicates in state descriptions make it difficult to specify STRIPS F-rules. Discuss the problem and suggest some remedies. 7.6 Consider the following pictures: ~@\ A ΓΕΠ 151 B 0 HI c □ IS 317 BASIC PLAN-GEN ERATING SYSTEMS Describe each by predicate calculus wffs and devise a STRIPS rule that is applicable to both the descriptions of A and C ; and when applied to a description of A, produces a description of B\ and when applied to a description of C, produces a description of just one of pictures 1 through 5. Discuss the problem of building a system that could produce such descriptions and rules automatically. 7.7 Two flasks, Fl and F2, have volume capacities of Cl and C2, respectively. The v/ÏÏCONT(x,y) denotes that flask x contains/ volume units of a liquid. Write STRIPS rules to model the following actions: (a) Pour the entire contents of Fl into F2. (b) Fill F2 with (part of) the contents of Fl. Can you see any difficulties that might arise in attempting to use these rules in a backward direction? Discuss. 7.8 The "monkey-and bananas" problem is often used to illustrate AI ideas about plan generation. The problem can be stated as follows: A monkey is in a room containing a box and a bunch of bananas. The bananas are hanging from the ceiling out of reach of the monkey. How can the monkey obtain the bananas? Show how this problem can be represented so that STRIPS would generate a plan consisting of the following actions: go to the box, push the box under the bananas, climb the box, grab the bananas. 7.9 Referring to the block-stacking problem solved by STRIPS in Figure 7.9, suggest an evaluation function that could be used to guide search. 7.10 Write a STRIPS rule that models the action of interchanging the contents of two registers. (Assume that this action can be performed directly without explicit use of a third register.) Show how STRIPS would produce a program (using this action) for changing the contents of registers X, Y, and Z from A, B, and C, respectively, to C, B, and A, respectively. 7.11 Suppose the initial state description of Figure 7.1 contained the expression HANDEMPTYV HOLDING(D) instead of HAND- SIS EXERCISES EMPTY. Discuss how STRIPS might be modified to generate a plan containing a "runtime conditional" that branches on HANDEMPTY. (Conditional plans are useful when the truth values of conditions not known at planning time can be evaluated at execution time.) 7.12 Discuss how rule programs (similar to those described at the end of chapter 6) can be used to solve block-stacking problems. (A DELETE statement will be needed.) Illustrate with an example. 7.13 Find a proof for the goal wff : (3s){POSS(s) A HOLDS[on(B,C\s] A HOLDS[on(A,B\s]} given the assertions 1-14 of Kowalski's formulation described in Section 7.6.2. Use any of the deduction systems described in chapters 5 and 6. 7.14 A robot pet, Rover, is currently outside and wants to get inside. Rover cannot open the door to let itself in; but Rover can bark, and barking usually causes the door to open. Another robot, Max, is inside. Max can open doors and likes peace and quiet. Max can usually still Rover's barking by opening the door. Suppose Max and Rover each have STRIPS plan-generating systems and triangle-table based plan-execu­tion systems. Specify STRIPS rules and actions for Rover and Max and describe the sequence of planning and execution steps that bring about equilibrium. 319 CHAPTER 8 ADVANCED PLAN-GENERATING SYSTEMS In this chapter we continue our discussion of systems for generating robot plans. First, we discuss two systems that can deal with interacting goals in a more sophisticated manner than STRIPS. Then, we discuss various hierarchical methods for plan generation. 8.1. RSTRIPS RSTRIPS is a modification of STRIPS that uses a goal regression mechanism for circumventing goal interaction problems. A typical use of this mechanism prevents RSTRIPS from applying an F-rule, Fl, that would interfere with an achieved precondition, P, needed by another F-rule, F2, occurring later in the plan. Because F2 occurs later than Fl, it must be that F2 has some additional unachieved precondition, P\ that led to the need to apply Fl first. Instead of applying Fl, RSTRIPS rearranges the plan by regressing F through the F-rule that achieves P. Now, the achievement of the regressed P' will no longer interfere with P. Some of the techniques and conventions used by RSTRIPS can best be introduced while discussing an example problem in which the goals do not happen to interact. After these have been explained, we shall describe in detail how RSTRIPS handles interacting goals. EXAMPLE 1. Let us use one of the simpler blocks-world examples from the last chapter. Suppose the goal is [ ON{ C, B ) Λ ON {A, C)] and that the initial state is as shown in Figure 7.1. Until the first F-rule is applied, RSTRIPS operates in the same manner as STRIPS. It does use 321 ADVANCED PLAN-GEN ERATING SYSTEMS some special conventions in the goal stack, however. Specifically, when it orders the components above a compound goal in the stack, it groups these components along with their compound goal within a vertical parenthesis in the stack. We shall see the use of this grouping shortly. The goal stack portion of the global database produced by RSTRIPS at the time that the first F-rule, namely, unstack( C,A ), can be applied is as follows: [HANDEMPTYA CLEAR(C) A ON(Qy) unstack(C,jO [HOLDING(C) CLEAR(B) IHOLDING(C) A CLEAR(B) stack(C,5) rON(C,B) ON(A 9C) [_ON(C,B)AON(A,C) This goal stack is the same as the one produced by STRIPS at this stage of the problem's solution. (See Figure 7.9 of chapter 7.) For added clarity in the examples of this section, we retain the condition achieved by applying an F-rule just under the F-rule that achieved it in the goal stack. Note the vertical parentheses grouping goal components with compound goals. With the substitution {Α/γ}, RSTRIPS can apply unstack(C^) because its precondition (at the top of the stack) is matched by the initial state description. Rather than removing the satisfied precondition and the F-rule from the goal stack (as STRIPS did), RSTRIPS leaves these items on the stack and places a marker just below HOLDING(C) to indicate that HOLDING^ C) has just been achieved by the application of the F-rule. As the system tests conditions on the stack, it adjusts the position of the marker so that the marker is just above the next condition in the stack that still needs to be satisfied. After applying unstack( C,A ) the goal stack is as follows: 322 RSTRIPS [ HANDEMPTYA CLEAR(C) A ON(QA) unstack(C,v4 ) | ï*HOLDING(C) g CLEAR(B) ^^^^^^^^LL stack(C,£) Γ ON(C,B) ON(AX) lON(C,B)A ON(AX) The horizontal line running through the stack is the marker. All of the F-rules above the marker have been applied, and the condition just under the marker, namely, CLEAR ( 2? ), must now be tested. (For clarity, we include next to our goal stacks a picture of the state produced by applying the F-rules above the marker.) When the marker passes through a vertical parenthesis (as it does in the goal stack shown above), there are goals above the marker that have already been achieved that are components of a compound goal below the marker at the end of the parenthesis. RSTRIPS notes these components and "protects" them. Such protection means that RSTRIPS will ensure that no F-rule can be applied within this vertical parenthesis that deletes or falsifies the protected goal components. Protected goals are indicated by asterisks (*) in our goal stacks. In the last chapter, whenever STRIPS satisfied the preconditions of an F-rule in the goal stack, it applied that F-rule to the then current state description to produce a new state description. RSTRIPS does not need to perform this process explicitly. Rather, that part of the goal stack above the marker indicates the sequence of F-rules applied so far. From this sequence of F-rules, RSTRIPS can always compute what the state description would be if this sequence were applied to the initial state. Actually, RSTRIPS never needs to compute such a state description. At most it needs to be able to compute whether or not certain subgoals match the then current state description. This computation can be made by regressing the subgoal to be tested backward through the sequence of F-rules applied so far. For example, in the goal stack above, RSTRIPS must next decide whether or not CLEAR(B) matches the state descrip- 323 ADVANCED PLAN-GEN ERATING SYSTEMS tion achieved after applying unstack(C,^4). Regressing CLEAR(B) through this F-rule produces CLEAR ( 2? ), which matches the initial state description, so, therefore, it must also match the subsequent description. (If CLEAR(B) did not match, RSTRIPS would next have had to insert into the goal stack the F-rules for achieving it.) At this stage, RSTRIPS notes that both of the preconditions for stack(C,2?) are satisfied, so this F-rule is applied (by moving the marker), and ON(C 9B) is protected. [Since the parenthesis of the compound goal HOLDING(C) A CLEAR(B) is now entirely above the marker, the system removes its protection of HOLDING ( C).] Next, RSTRIPS attempts to achieve ON(A,C). Finally, it produces the goal stack shown below: [HANDEMPTYA CLEAR(C) A ON(QA) unstack(C,^) I HOLDING(C) ^1 CLEAR(B) ^^^^^^^^ IHOLDING(C) A CLEAR(B) "'"""""'""""""'"" stack(C,£) *ON(C,B) [ HANDEMPTY A CLEAR(A ) Λ ONTABLE(A ) pickup(v4 ) HOLDING (A) CLEAR(C) lHOLDING(A)A CLEAR(C) stack(A 9C) ON(A,C) L ON(C 9B)AON(A,C) The preconditions of pickup(/4 ) match the current state description, as can be verified by regressing them through the sequence of F-rules applied so far, namely, {unstack(C,y4), stack(C,2?)}. (The condition CLEAR (A ) did not match the initial state, but it becomes true in the current one by virtue of applying unstack( C,A ). The condition HAND- EMPTY matched the initial state, was deleted after applying un- stack(C,^), and becomes true again after applying stack( C,i?). The regression process reveals that these conditions are true currently.) 324 RSTRIPS Before the F-rule, pickup(^4 ), can be applied, RSTRIPS must make sure that it does not violate any protected subgoals. At this stage ON(C,B) is protected. A violation check is made by regressing ON(C,B) through pickup(^4). A violation of the protected status of ON(C,B) would occur only if it regressed through to jF[that is, only if ON(C,B) were deleted by application of the F-rule, pickup(>4 )]. Since no protections are violated, the F-rule, pickup(y4 ), can be applied. The marker is moved to just below HOLDING(A ), and HOLDING(A ) is protected. [ON(C,B) retains its protected status.] Regression through the sequence of F-rules of the other precondition of stack(yl,C), namely, CLEAR(C), reveals that it matches the now current state description. Thus, the compound precondition of stack(^4,C) is satisfied. Regression of the previously solved main goal component, ON(C,B) 9 through stack(A,C) reveals that its protected status would not be violated, so RSTRIPS applies stack(^4, C) and moves the marker below the last condition in the stack. RSTRIPS can now terminate because all items in the stack are above the marker. The F-rules in the goal stack at this time yield the solution sequence {unstack( C9A ), staek( C, B ), pickup(^ ), stack(^, C )}. This example was straightforward because there were no protection violations. When goals interact, however, we will have protection violations; next we describe how RSTRIPS deals with these. EXAMPLE 2. Suppose the same initial configuration as before, namely, that of Figure 7.1. Here, however, we attempt to solve the more complicated goal [ ON(A,B) A ON(B, C)]. All goes well until the point at which RSTRIPS has produced the goal stack on the following page. 325 ADVANCED PLAN-GENERATING SYSTEMS ' ONTABLE(A) [HANDEMPTY A CLEAR(C) Λ ON(C,A) unstack(C,^4) CLEAR(A) [HOLDING(C) putdown(C) HANDEMPTY L ONTABLE(A ) Λ CLEAR(A ) Λ HANDEMPTY pickup(/l ) i HOLDING(A) rh SoifÄ) Λ CL^*(£) ^Α^Μ^ ^ stack(^,£) *~ *ON(A,B) ^ONTABLE(B) [HANDEMPTY A CLEAR(Z) A ON(Z,B) unstack( z,Z?) i/,4JVZ)£MPry ONTABLE(B) A CLEAR(B) A HANDEMPTY " pickup(2?) HOLDING(B) CLEAR(C) IHOLDING(B) A CLEAR(C) stack(£,C) ON(A,B)A ON(B,C) The F-rule sequence that has been applied to the initial state description can be seen from the goal stack above the marker: (un- stack( C, A ), putdown( C ), pickup( A ), stack( A, B )}. The subgoals ON(A 9B) and ONTABLE(B) are currently solved by this sequence and are protected. We note that the preconditions of F-rule un- stack(^4,2?) are currently satisfied, but its application would violate the protection of the goal ON(A,B). What should be done? RSTRIPS first checks to see whether or not ON(A 9B) might be reachieved by the sequence of F-rules below the marker and above the end of its parenthesis. It is only at the end of its parenthesis that ON(A,B) needs to be true. Perhaps one of the F-rules within its parenthesis might happen to reachieve it; if so, such "temporary" 326 RSTRIPS violations can be tolerated. In this case none of these F-rules reachieves ON(A,B), so RSTRIPS must take steps to avoid the protection violation. RSTRIPS notes that the compound goal at the end of the parenthesis of the violated goal is ON(A,B) A ON(B,C). An F-rule needed to solve one of these components, namely, ON(B,C), would violate the other's protection. We call ON(B,C) the protection violating compo­ nent. RSTRIPS attempts to avoid the violation by regressing the protection violating component, ON(B, C), back through the sequence of F-rules (above the marker) that have already been applied until it has regressed it through the F-rule that achieved the protected subgoal. Since the last F-rule to be applied, stack(A,B), was also the rule that achieved ON(A,B), RSTRIPS regresses ON(B, C) through stack(,4,£) to yield ON(B 9 C). In this case, the subgoal was not changed by regression, and RSTRIPS now attempts to achieve this regressed goal at the point in the plan just prior to the application of st*ck(A,B). This regression process leaves RSTRIPS with the following goal stack: ONTABLE(A) [HANDEMPTY A CLEAR(C)A ON(QA) unstack( C,A) ) CLEAR(A) [HOLDING(C) putdown( C ) ΓΗ Γ^Ί HANDEMPTY /z?Mmzmz?M?7 L ONTABLE(A ) Λ CLEAR(A ) Λ HANDEMPTY pickup(^4 ) *HOLDING(A) *CLEAR(B) ON(B,C) HOLDING(A) A CLEAR(B) A ON(B,C) stack(v4,£) ON(A,B) \ON{A,B)AON{BX) The compound goal ON(A,B) A ON(B,C) at the end of the parenthesis in which the potential violation was detected, is retained in the stack. The other items below ON(A,B) in the stack of page 326 were part of the now discredited plan to achieve ON(B,C). These items are eliminated from the stack. The plan to achieve ON(A 9B) by applying 327 ADVANCED PLAN-GEN ERATING SYSTEMS stack(A,B) is still valid and is left in the stack. Note that we have combined the regressed goal ON (B,C) with the compound precondition just above the F-rule, st*ck(A,B). Since the marker crosses a parenthe­ sis, the subgoals HOLDING {A ) and CLEAR(B) are protected. RSTRIPS begins again with this goal stack and does not discover any additional potential protection violations until the following goal stack is produced: " ONT ABLE (A) [HANDEMPTY A CLEAR(C) A ON(QA) unstack(C,v4 ) CLEAR(A) [HOLDING(C) putdown(C) HANDEMPTY L ONTABLE(A ) Λ CLEAR(A ) Λ HANDEMPTY pickup(^4 ) ' *HOLDING(A) *CLEAR(B) ^*ONTABLE{B) rh *CLEAR(B) LJ [HOLDING (X) WS^W^W^W putdown(x) HANDEMPTY L ONTABLE(B) A CLEAR(B) A HANDEMPTY pickup(2?) HOLDING(B) CLEAR(C) \_HOLDING(B) A CLEAR(C) stack(£,C) ~ON(B,C) HOLDING(A) A CLEAR(B) A ON(B,C) stack(A 9B) ON(A,B) [ON(A,B)AON(B,C) 328 RSTRIPS RSTRIPS notes, by regression, that the precondition of putdown(v4 ) matches the current state description but that the application of put- down^ ) would violate the protection of HOLDING {A ). The violation is not temporary. To avoid this violation, RSTRIPS regresses the protection violating component, ON{B, C), further backward, this time through the F-rule pickup(^4 ). After regression, the goal stack is as follows: ~*ONTABLE(A) [HANDEMPTYA CLEAR(C) A ON(C 9A) unstack(C, A) *CLEAR(A) [HOLDING(C) putdown(C) jJL, *HANDEMPTY ON(B, C) ONTABLE{A ) Λ CLEAR(A ) Λ HANDEMPTY A ON(B, C) pickup (A) HOLDING(A) CLEAR(B) lHOLDING(A ) A CLEAR(B) stack (A,B) ON(A,B) L ON(A,B)AON(B,C) The plan for achieving ON (A, B)is retained, but the protection violating plan for achieving ON(B, C) is eliminated. Beginning again with the resulting goal stack, RSTRIPS finds another potential protection violation when the following goal stack is produced: 329 ADVANCED PLAN-GENERATING SYSTEMS ~*ONTABLE(A) [HANDEMPTY A CLEAR(C)AON(C,A) unstack(C, A) *CLEAR(A) [HOLDING(C) r-1-, putdown(C) [71 171 ΓΤΊ *HANDEMPTY /////////////y//)////////)/// [ONTABLE(B) A CLEAR(B) A HANDEMPTY pickup (B) HOLDING(B) CLEAR(C) HOLDING(B)A CLEAR(C) stack ( B, C) ON(B, C) ONTABLE(A ) Λ CLEAR(A ) Λ HANDEMPTY A ON(B, C) pickup (A) HOLDING(A ) CLEAR(B) HOLDING(A) A CLEAR(B) st»ck(A,B) ON(A,B) |_ ON(A,B)AON(B,C) If pickup( B ) were to be applied, the protection of HANDEMPTY would be violated. But this time the violation is only temporary. A subsequent F-rule, namely, stack(5,C) (within the relevant stack parenthesis) reachieves HANDEMPTY, so we can tolerate the violation and proceed directly to a solution. In this case, RSTRIPS finds a shorter solution sequence than STRIPS could have found on this problem. The F-rules in the solution found by RSTRIPS are those above the marker in its terminal goal stack, namely, (unstack(C^), putdown(C), pickup(B), stack(2?,C), pickup(zt), st»ck(A,B)}. 330 RSTRIPS EXAMPLE 3. As another example, let us apply RSTRIPS to the problem of interchanging the contents of two registers. The F-rule is: assign(w,r,i,s) P: CONT(r,s) A CONT(u,t) D: CONT(u 9t) A: CONT(u,s) Our goal is to achieve [ CONT(X,B) A CONT( Y,A )] from the initial state [CONT(X,A) A CONT( Y,B) A CONT(Z,0)]. A difficulty is encountered at the point at which RSTRIPS has produced the following goal stack: [CONT( Y 9B) A CONT(X 9A) assign^, y,,4,jB) *CONT(X 9B) Z:0 X:B Y:B CONT(rl 9A) CONT(Y,tl) CONT(rl 9A ) Λ CONT( Yjl ) assign( Y,rl 9tl,A) CONT(Y,A) L CONT(X,B) A CONT( Y,A ) (We indicate the effect of applying assign( A\ Υ,Α,Β) by the notation next to the goal stack.) The condition CONT(rl,A ) cannot be satisfied because after applying assign( JT, Υ,Α,Β) there is no register having A as its contents. Here RSTRIPS has confronted an impossible goal rather than a potential protection violation. Goal regression is a useful tactic in this situation as well. The impossible goal is regressed through the last F-rule; perhaps there its achievement will be possible. Regressing CONT(rl,A) through assign(Jf, Υ,Α,Β) yields the ex­ pression: [CONT(rl tA) A ~EQUAL(rl,X)] . 331 ADVANCED PLAN-GENERATING SYSTEMS The resulting goal stack is: Z:0 X:A Y.B CONT(rl,A) ~EQUAL(rl,X) CO NT (X, A) CONT(Y,B) CONT(X,A) A CONT{ Υ,Β) A CONT(rl,A ) Λ ~EQUAL(rl,X) assign(X,Y,A,B) CONT(X,B) CONT(Y,tl) CONT(rl,A ) Λ CONT( Y,tl ) assign( Y,/7,f/,Λ) CONT( Y,A ) CONT(X,B) A CONT( Y,A ) Next, RSTRIPS attempts to solve CONT(rl,A). It cannot simply match this subgoal against the fact CONT(X, A) because the substitution { X/rl } would make the next goal, ~EQUAL(X,X), impossible. The only alternative is to apply the F-rule assign again. This operation produces the following goal stack: Z:0 X:A Y.B CONT(r,A) CONT(rl,t) CONT(r,A)A CONT(rl,t) assign(r7,r,/,^l ) ~CONT(rl,A) ~EQUAL(rl,X) CONT(X,A) CONT(Y,B) CONT(X,A) A CONT( Y,B) A CONT(rl,A ) Λ ~EQUAL(rl,X) assiga(X,Y,A,B) CONT(X,B) CONT(Y,tl) _ CONT(rl,A ) Λ CONT( Y,tl ) assign(y,r7,f/,j4) CONT( Y,A ) CONT(X,B) A CONT( Y,A ) 332 DCOMP Now RSTRIPS can match CONT(r,A ) against the fact CONT(X,A). Next, it can match CONT(rl,t) against the fact CONT(Zfi). These matches allow application of assign(Z, Χ,Ο,Λί ). The next subgoal in the stack, namely, ~EQUAL(Z,A ) is evaluated to T\ and all of the other subgoals above assign^, Υ,Α,Β) match facts. Next, RSTRIPS matches CONT( Y, tl ) against CONT( Y, B ) and applies assign( Y, Z, B,A ). The marker is then moved to the bottom of the stack, and the process terminates with the sequence (assign(Z,X,0,v4), assign^, Υ,Α,Β), assign(y,Z,5,^)}. The reader might object that we begged the question in this example by explicitly providing a third register. It is perfectly straightforward to provide another F-rule, perhaps called genreg, that can generate new registers when needed. Then, instead of matching CONT(rl,t) against CONT(Zfi) as we have done in this example, RSTRIPS could apply genreg to CONT(rl,t)to produce a new register. The effect of applying genreg would be to substitute the name of the new register for rl, and 0 (say) for t. 8.2. DCOMP We call our next system for dealing with interacting goals DCOMP. It operates in two main phases. In phase 1, DCOMP produces a tentative "solution," assuming that there are no goal interactions. Goal expressions are represented as AND/OR graphs, and B-rules are applied to literal nodes that do not match the initial state description. This phase terminates when a consistent solution graph is produced with leaf nodes that match the initial state description. This solution graph serves as a tentative solution to the problem; typically, it must be processed by a second phase to remove interactions. A solution graph of an AND/OR graph imposes only ^partial ordering on the solution steps. If there were no interactions, then rules in the solution graph that are not ancestrally related could be applied in parallel, rather than in some sequential order. Sometimes the robot hardware permits certain actions to be executed simultaneously. For example, a robot may be able to move its arm while it is locomoting. To the extent that parallel actions are possible, it is desirable to express robot action sequences as partial orderings of actions. From the standpoint of 333 ADVANCED PLAN-GEN ERATING SYSTEMS achieving some particular goal, the least commitment possible about the order of actions is best. A solution graph of an AND/OR graph thus appears to be a good format with which to represent the actions for achieving a goal. In phase 2, DCOMP examines the tentative solution graph for goal interactions. Certain rules, for example, destroy the preconditions needed by rules in other branches of the graph. These interactions force additional constraints on the order of rule application. Often, we can find a more constrained partial ordering (perhaps a strict linear sequence) that satisfies all of these additional constraints. In this case, the result of this second phase is a solution to the problem. When the additional ordering constraints conflict, there is no immediate solution, and DCOMP must make more drastic alterations to the plan found in phase 1. These ideas can best be illustrated by some examples. Suppose we use the simpler example from chapter 7 again. The initial state description is as shown in Figure 7.1, and the goal is [ON(C,B) A ON(A,C)]. In phase 1, DCOMP applies B-rules until all subgoals are matched by the initial state description. There is no need to regress conditions through F-rules, because DCOMP assumes no interactions. A consistent solution graph that might be achieved by phase 1 is shown in Figure 8.1. (In Figure 8.1, we have suppressed match arcs; consistency of substitutions is not an issue in these examples. A substitution written near a leaf node unifies the literal labeling that node with a fact literal.) The B-rules in the graph are labeled by the F-rules from which they stem, because we will be referring to various properties of these F-rules later. All rule applications in the graph have been numbered (in no particular order) for reference in our discussion. Note also that we have numbered, by 0, the "operation" in which the goal [ ON (A, C) Λ ON( C, B )] is split into the two components ON(A,C) and ON(C,B). We might imagine that this backward splitting rule is based on an imaginary "join" F-rule that, in the final plan, assembles the two components into the final goal. We see that the solution consists of two sequences of F-rules to be executed in parallel, namely, {unstack(C,^4 ), stack(C,2?)} and (un- stack(C,^l), pickup(yi ), stack(^4,C)}. Because of interactions, we ob­viously cannot execute these sequences in parallel. For example, F-rule 5 deletes a precondition, namely, HANDEMPTY, needed by F-rule 2. Thus, we cannot apply F-rule 5 immediately prior to F-rule 2. Worse, F-rule 5 deletes a precondition, namely, HANDEMPTY, needed by the 334 DCOMP ic/y) IC/y] Fig. 8.1 A first-phase solution. immediately subsequent F-rule 4. The graph of Figure 8.1 has several such interaction defects. The process for recognizing a noninteractive partial order involves examination of every F-rule mentioned in the solution graph (including the fictitious join rule) to see if its preconditions are matched by the state description at the time that it is to be applied. Suppose we denote the /-th precondition literal of they-th F-rule in the graph as C Xi. For each such Cij in the graph, we compute two (possibly empty) sets. The first set, D ij9 335 ADVANCED PLAN-GEN ERATING SYSTEMS is the set of F-rules specified in the graph that delete C i; and that are not ancestors of rule j in the graph nor rule j itself. This set is called the deleters of C {j. Any deleter of Q, might (as an F-rule) destroy this precondition for F-rule j ; thus the order in which deleters occur relative to F-rule j is important. If the deleter is a descendant of rule j in the graph, we have special problems. (We are not concerned about rule j itself or any of its ancestors that might delete Cih since the "purpose" of Cij has by then already been served.) The second set, Aih computed for the condition C ij9 is the set of F-rules specified by the graph that add C i5 and are not ancestors of ruley in the graph nor y itself. This set is called the adders of C i;. Any adder of Cij is important because it might be ordered such that it occurs after a deleter and before F-ruley, thus vitiating the effect of the deleter. Also, if some rule, say rule k, was used in the original solution graph to achieve condition Cij9 we might be able to apply one of the other adders before F-rule j instead of F-rule k and thus eliminate rule k (and all of its descendants!). Obviously F-ruley and any of its ancestors that might add condition Ci} are not of interest to us because they are applied after condition C^ is needed. In Figure 8.2 we show all of the adders and deleters for all of the conditions in the graph. A partial order is noninteractive if, for each C i;· in the graph, either of the following two conditions holds: 1) F-rule y occurs before all members of D%i (In this case the condition, Cih is not deleted until after F-rule y is applied); or 2) There exists a rule in Aij9 say rule k, such that F-rule k occurs before F-rule y and no member of D {j occurs between F-rule k and F-rule y. According to the above criteria, the solution graph of Figure 8.2 is not noninteractive because, for example, F-rule 2 does not precede F-rule 5 in the ordering (and F-rule 5 deletes the preconditions of F-rule 2). In its second phase, DCOMP attempts to transform the partial ordering to one which is noninteractive. Often, such a transformation can be made. There are two principal techniques for transforming the ordering. We can further constrain the ordering so as to satisfy one of the two 336 DCOMP conditions for noninteraction stated above, or we can eliminate an F-rule (and its descendants) from the graph if its effect can be achieved by constraining the order of one of the other adders. For example, in Figure 8.2, F-rule 3 is a deleter of condition CLEAR ( C) of F-rule 2. If we order F-rule 2 before F-rule 3, then F-rule 3 would no longer be a deleter of this condition. Also F-rule 5 is a deleter of condition HANDEMPTY of F-rule 4. Obviously, we cannot make F-rule 4 occur before F-rule 5; it is already an ancestor of F-rule 5 in the partial ordering. stack (C,B) Adders: 5,2 Deleters: 2 Fig. 8.2 First-phase solution with adders and deleters listed 337 ADVANCED PLAN-GEN E RATIN G SYSTEMS But we might be able to insert an adder, F-rule 1, between F-rule 5 and F-rule 4. Or if F-rule 2 occurs before F-rule 4 and after any deleters of this CLEAR(A) condition, we eliminate F-rule 5 entirely since CLEAR(A ) is added by F-rule 2. DCOMP attempts to render the phase 1 ordering noninteractive by further constraining it or by eliminating F-rules. The general problem of finding an acceptable set of manipulations seems rather difficult, and we discuss it here only informally. The additional ordering constraints imposed on the original solution graph must themselves be consistent. In some cases, DCOMP is not able to find appropriate orderings. In our example, however, DCOMP constructs an ordering by the following steps: 1) Place F-rule 2 before F-rule 4 and eliminate F-rule 5. Note that F-rule 4 cannot now delete any preconditions of F-rule 2. Also because F-rule 2 now occurs before F-rule 3, F-rule 3 cannot delete any preconditions of F-rule 2 either. 2) Place F-rule 1 before F-rule 4. Since F-rule 1 occurs after F-rule 2 and before F-rules 4 and 3 it reestablishes conditions needed by F-rules 4 and 3 deleted by F-rule 2. These additional constraints give us the ordering (2,1,4,3), correspond­ ing to the sequence of F-rules {unstack(C,^4 ), stack( C,l?), pickup(/l ), stack(^,C)}. In this case, the ordering of the F-rules in the plan produced a strict sequence. In fact, the F-rules that we have been using for these blocks-world examples are such that they can only be applied in sequence; the robot has only one hand, and this hand is involved in each of the actions. Suppose we had a robot with two hands and that each was capable of performing all four of the actions modeled by our F-rules. These rules could be adapted to model the two-handed robot by providing each of them with an extra "hand" argument taking the values "1" or "2." Also the predicates HANDEMPTY and HOLDING would need to have this hand argument added. (We won't allow interactions between the hands, such as one of them holding the other.) The F-rules for the two-handed robot are then as follows: 338 DCOMP 1) pickup(x,A) P& D: ONTABLE(x), CLEAR(x), HANDEMPTY(h) A: HOLDING(x,h) 2) putdown(x,Ä) P&D: HOLDING(x,h) A: ONTABLE(x), CLEAR(x), HANDEMPTY(h) 3) stack(x,j>,/z) P&D: HOLDING(x,h),CLEAR(y) A: HANDEMPTY(h), ON(x,y), CLEAR(x) 4) unstack(x, y,h) P&D: HANDEMPTY (h\ CLEAR(x\ ON(x,y) A: HOLDING(x,h\CLEAR(y) With the rules just cited, we ought to be able to generate partially ordered plans in which hands "1" and "2" could be performing actions simultaneously. Let's attempt to solve the very same block-stacking problem just solved [that is, the goal is [ ON (AX) A ON(C, B )], from the initial state shown in Figure 7.1. [The HANDEMPTY predicate in that state description is now, of course, replaced by HAND- EMPTY(l) A HANDEMPTY(2).] In Figure 8.3, we show a possible DCOMP first-phase solution with the adders and deleters listed for each condition. Note that, compared with Figure 8.2, there are fewer deleters of the HANDEMPTY predicates because we have two hands. During the second phase of this problem, DCOMP might specify that F-rule 2 occur before F-rule 4 so that we can delete rule 5. Further, F-rule 2 should occur before F-rule 3 to avoid deleting the CLEAR(C) condition of F-rule 2. Now if F-rule 1 occurs between F-rules 2 and 3, the CLEAR(C) condition of F-rule 3 would be re-established. These additional constraints give us the partially ordered plan shown in Figure 8.4. It is convenient to be able to represent any partially ordered plan in a form similar to solution graphs of AND/OR graphs. If there were no interactions at all among the subgoals of a solution graph produced by the first phase, then that graph itself would be a perfectly acceptable representation for the partially ordered plan. If the interactions were such that there could be no parallel application of F-rules, than a solution path like that shown in Figures 7.5 through 7.7 would be required. What about 339 ADVANCED PLAN-GEN ERATING SYSTEMS cases between these extremes, such as that of our present two-handed robot? We show in Figure 8.5 one way of representing the plan of Figure 8.4. Starting from the goal condition, we work backward along the plan producing the appropriate subgoal states. When the plan splits, it is because the subgoal condition at that point can be split into components. Such a split occurs at the point marked "*" in Figure 8.5. These components can be solved separately until they join again at the point marked "**". Notice that CLEAR(C) in node 1 regresses to Γ, as does CLEAR(A ) in node 2. Structures similar to those of Figure 8.5 have been called procedural nets by Sacerdoti (1977). Adders: 1 Deleters: 2 Deleters: 2 Fig. 8.3 A first-phase solution to a problem using two hands. 340 DCOMP stack(i4,C,2) st2Lck(C,B,l) pickup(y4,2) unstack(C,A,I) Fig. 8.4 A partially ordered plan for a two-handed block stacking problem. ω ON(C,B) AON(A,C) stackM,C,2) HOLDING(A,2) A CLEAR(C) A ON(C,B) ON(C,B) A CLEAR(C) H0LD1NG{A,2) stack(C,£,7) pickup(y4,2) HOLDING{C,l ) Λ CLEAR(B) HANDEMPTY{2) A CLEAR(A) A ONTABLE(A) HOLDING(C,J) A CLEARiB) A HANDEMPTYÌ2) ACLEAR(A) A ONTABLE(A) unstack(C,AJ ) HANDEMPTYU) A CLEAR(C) A ON(C,A) A CLEAR(B) A HANDEMPTY{2) A ONTABLE(A) Fig. 8.5 Goal graph form for partially ordered plan. ADVANCED PLAN-GEN ERATING SYSTEMS 8.3. AMENDING PLANS Sometimes it is impossible to transform the phase-1 solution into a noninteractive ordering merely by adding additional ordering con­ straints. The general situation, in this case, is that the phase-2 process can do no better than leave us with a partially ordered plan in which some of the preconditions are unavoidably deleted. We assume that phase 2 produces a plan having as few such deletions as possible and that the deletions that are left are those that are estimated to be easy to reachieve. After producing some such "approximate plan," DCOMP calls upon a phase-3 process to develop plans to reachieve the deleted conditions and then to "patch" those plans into the phase-2 (approximate) plan in such a way that the end result is noninteractive. The main task of phase 3, then, is to amend an existing (and faulty) plan. The process of amending plans requires some special explanation so we consider this general subject next. We begin our discussion by considering another example. Suppose we are trying to achieve the goal [ CLEAR (A) A HANDEMPTY] from the initial state shown in Figure 7.1 (with just one hand now). In Figure 8.6, we show the result of phase 1, with the adders and deleters listed. Here, we obviously have a solution that cannot be put into noninteractive form by adding additional constraints; there is only one F-rule, and it deletes a "precondition" of the join rule, number 0. The only remedy to this situation is to permit the deletion and to plan to reachieve HAND-EMPTY in such a way that CLEAR (A) remains true. Our strategy is to insert a plan, say P, between F-rule 1 and the join. The requirements on P are that its preconditions must regress through F-rule 1 to conditions that match the initial state description and that CLEAR (A) regress through P unchanged (so that it can be achieved by F-rule 1). The structure of the solution that we are seeking is shown in Figure 8.7. If we apply the B-rule version of putdown(x) to HANDEMPTY, we obtain the subgoal HOLDING(x). This subgoal regresses through unstack(C,^4) to Γ, with the substitution {C/x}. Furthermore, CLEAR (A) regresses through putdown( C) unchanged, so putdown( C) is the appropriate patch. The final solution is shown in Figure 8.8. 342 AMENDING PLANS CLEAR(A) A HANDEMPTY Adders: Fig. 8.6 First-phase solution requiring a patch. CLEAR(A) A HANDEMPTY P, a plan for achieving HANDEMPTY, whose preconditions regressed through unstack(C,v4 ) match the initial state description. CLEAR(A) must regress through P unchanged. CLEAR(A ) Λ < Preconditions of P > unst2ick(C,A) < Conditions that match initial state description > Fig. 8.7 The form of the patched solution. 343 ADVANCED PLAN-GEN ERATING SYSTEMS When interactions occur that cannot be removed by additional ordering constraints, the general situation is often very much like this last example. In these cases, DCOMP attempts to insert patches as needed starting with the patch that is to be inserted earliest in the plan (closest to the initial state). This patching process is applied iteratively until the entire plan is free of interactions. We illustrate the patching process by another example. Now we consider the familiar, and highly interactive block-stacking problem that begins with the initial configuration of Figure 7.1 and whose goal is [ ΟΝ(Α,Β) Λ ON(B, C)]. The first-phase solution, shown in Figure 8.9, has interactions that cannot be removed by adding additional ordering constraints. The ordering 3^5—>4-»2-*l is a good approximate solution even though F-rule 3 deletes a precondition of F-rule 4, namely, CLEAR(C), and it also deletes a precondition of F-rule 5, namely, HANDEMPTY. Our patching process attempts to reachieve these deleted conditions and works on the earliest one, HANDEMPTY, first. The path of the approximate solution is shown in Figure 8.10; we do not split the initial compound goal because neither of the components can be achieved in an order-independent fashion. Note that regression must be used to create successor nodes and that some of the goal components regress to Tand thus disappear. Here, we use the convention that the tail of the B-rule arc adjoins the condition used to match a literal in the add list of the rule. The conditions marked with asterisks (*) are conditions that our approximate plan does not yet achieve. CLEAR{A)A HANDEMPTY putdown(C) CLEAR(A) A HOLDING(C) unstack(C,,4) ON(C.A)A CLEAR{C)A HANDEMPTY Fig. 8.8 The patched solution. 344 AMENDING PLANS Deleters: 4 Adders: 4 Deleters: 5 Fig. 8.9 First-phase solution for an interactive block-stacking problem. 345 ADVANCED PLAN-GEN E RATIN G SYSTEMS m ΟΝ(Α,Β) ON(B,C) pickup(Z?) node 2- unstack(C,,4 ) ON(C,A) CLEAR(C) HANDEMPTY ONTABLE(B) CLEAR(B) ONTABLE(A) Fig. 8.10 An approximate solution. 346 AMENDING PLANS Adders: 1 Adders: 2 assign( X,rl ,tl,B) Deleters: 2 [X/ri [Bit] [Y/rl] {A/tl} Fig. 8.11 First-phase solution to the two-register problem. We first attempt to insert a patch between F-rule 3 and F-rule 5 to achieve HANDEMPTY. (Note the similarity of this situation with that depicted in Figure 8.7.) The rule putdown(v) with the substitution {C/x) is an appropriate patch. Its subgoal, HOLDING(C), regresses through unstack( C,A ) to T. Furthermore, all of the conditions of node 2 [except HANDEMPTY, which is achieved by putdown(C)] regress unchanged through putdown( C). Now, we can consider the problem of finding a patch for the other deleted precondition, namely, CLEAR(C). Note, that in this case, however, CLEAR ( C) regresses unchanged through F-rule 5, pickup( B ), and then it regresses through our newly inserted rule, putdown( C), to T. Therefore no further modifications of the plan are necessary, and we have the usual solution {unstack( C, A ), putdown( C ), pickup( B ), stack( B, C ), pickup(^ ), steck(A,B)}. The process of patching can be more complicated than our examples have illustrated. If the preconditions of the patched plan have only to regress through a strict sequence (as in this last example), the process is straightforward, but how are conditions to be regressed through a partial ordering? Some conditions may regress through to conditions that match 347 ADVANCED PLAN-GENERATING SYSTEMS assign(X,rJ,A,B) Deleters: 2 CONT(X,A) CONT(Y,B) CONT(rl,B) CONT(X,A) Deleters: 1 r Xr2.B) | Γ [Ylr2] [Z/rl,0/t2] Fig. 8.12 Solution to the two-register problem. the initial state description for all strict orderings consistent with the partial ordering; others may do so for none of these strict orderings. Or we may be able to impose additional constraints on the partial ordering such that the preconditions of a patched plan may regress through it to conditions that are satisfied by the initial state description. The general problem of patching plans into partial orderings appears rather complex and has not yet received adequate attention. As a final example of DCOMP, we consider again the problem of interchanging the contents of two registers. From the initial state 348 HIERARCHICAL PLANNING [CONT(X,A) A CONT(Y,B) A CONT(Z,0)], we want to achieve the goal [CONT( Y yA ) Λ CONT(X,B)]. The first phase produces the solution shown in Figure 8.11. The adders and deleters are indicated as usual. This first-phase solution has unavoidable deletions. F-rule 1 deletes a precondition of F-rule 2, and vice versa. They cannot both be first! [Sacerdoti (1977) called this type of conflict a "double cross."] The blame for the unavoidable deletion conflict might be assigned to the substitutions used in one of the rules, say, rule 2. If Y were not substituted for rl in rule 2, then F-rule 1 would not have deleted CONT(rl,B). Then F-rule 1 could be ordered before F-rule 2 to avoid the deletion of the precondition, CONT(X,A) 9 of F-rule 1 by F-rule 2. In this manner, DCOMP is led to continue the search for a solution by establishing the precondition, CONT(rl.B), of F-rule 2 but now prohibiting the substitution { Y/rl}. Continued search results in the tentative solution shown in Figure 8.12. From this tentative solution, DCOMP can compute that the ordering 3 —> 1 —^ 2 produces a noninteractive solution. The final solu­ tion produced is {assign (Z, Y, O, B ), assign ( Y, X, B, A ), as­ sign (Χ,Ζ,Α, Β)}. 8.4. HIERARCHICAL PLANNING The methods that we have considered so far for generating plans to achieve goals have all operated on "one level." When working backward, for example, we investigated ways to achieve the goal condition and then to achieve all of the subgoals, and so on. In many practical situations, we might regard some goal and subgoal conditions as mere details and postpone attempts to solve them until the major steps of the plan are in place. In fact, the goal conditions that we encounter and the rules to achieve them might be organized in a hierarchy with the most detailed conditions and fine-grained actions at the lowest level and the major conditions and their rules at the highest level. Planning the construction of a building, for example, involves the high level tasks of site preparation, foundation work, framing, heating and electrical work, and so on. Lower level activities would detail more precise steps for accomplishing the higher level tasks. At the very lowest 349 ADVANCED PLAN-GENERATING SYSTEMS level, the activities might involve nail-driving, wire-stripping, and so on. If the entire plan had to be synthesized at the level of the most detailed actions, it would be impossibly long. Developing the plan level by level, in hierarchical fashion, allows the plans at each level to be of reasonable length and thus increases the likelihood of their being found. Such a strategy is called hierarchical planning. 8.4.1. POSTPONING PRECONDITIONS One simple method of planning hierarchically is to identify a hierarchy of conditions. Those at the lower levels of the hierarchy are relatively unimportant details compared to those at the higher levels, and achieve­ ment of the former can be postponed until most of the plan is developed. The general idea is that plan synthesis should occur in stages, dealing with the highest level conditions first. Once a plan has been developed to achieve the high-level conditions (and their high-level preconditions, and so on), other steps can be added in place to the plan to achieve lesser conditions, and so on. This method does not require that the rules themselves be graded according to a hierarchy. We can still have one set of rules. Hierarchical planning is achieved by constructing a plan in levels, using any of the single-level methods previously described. During each level, certain conditions are regarded as details and are thus postponed until a subsequent level. A condition regarded as a detail at a certain level is effectively invisible at that level. When details suddenly become visible at a lower level, we must have a means of patching the higher level plans to achieve them. 8.4.2. ABSTRIPS The patching process is relatively straightforward with a STRI PS-type problem solver, so we illustrate the process of hierarchical planning first by using STRIPS as the basic problem solver. When STRIPS is modified in this way, it is called ABSTRIPS. For an example problem, let us again use the goal [ON(C,B) Λ ON(A,C)], and the initial state depicted in Figure 7.1. This goal is one that the single-level STRIPS can readily solve but we use it here merely to illustrate how ABSTRIPS works. 350 HIERARCHICAL PLANNING The F-rules that we use are those that we have been using, but for purposes of postponing preconditions we must specify a hierarchy of conditions (including goal conditions). To be realistic, this hierarchy ought to reflect the intrinsic difficulty of achieving the various conditions. Clearly, the major goal predicate, ON, should be on the highest level of the hierarchy; and perhaps HANDEMPTYshould be at the lowest level, since it is easy to achieve. In this simple example, we use only three hierarchical levels and place the remaining predicates, namely, ON- TABLE, CLEAR, and HOLDING, in the middle level. The hierarchical level of each condition can be simply indicated by a criticality value associated with the condition. Small numbers indicate a low hierarchical level or small criticality, and large numbers indicate a high hierarchical level or large criticality. The F-rules for ABSTRIPS, with criticality values indicated above the preconditions, are shown below: 1) pickup(x) 2 2 1 P & D: ONTABLE(x), CLEAR(x), HANDEMPTY A: HOLDING (x) 2) putdown(jc) 2 P&D: HOLDING(x) A: ONTABLE(x),CLEAR(x), HANDEMPTY 3) stack(x,j) 2 2 P&D: HOLDING(x),CLEAR(y) A: HANDEMPTY, ON(x,y), CLEAR(x) 4) unstack(x,y) 1 2 3 P&D: HANDEMPTY, CLEAR(x), ON(x,y) A: HOLDING(x),CLEAR(y) Note that criticality values appear on both the preconditions and on the delete-list literals. They do not appear on the add-list literals. When an F-rule is applied, all of the literals in the add list are added to the state description. 351 ADVANCED PLAN-GEN ERATING SYSTEMS ABSTRIPS begins by considering only conditions of highest critical­ ly, namely, those with criticality value 3 in this example. All conditions having criticality values below this threshold value are invisible, that is, they are ignored. Since our main goal contains two conditions of value 3, ABSTRIPS considers one of them, say, ON(C, B ), and adds stack( C, B ) to the goal stack. (If ABSTRIPS had selected the other component to work on first, it would later have had to back up; the reader might want to explore this path on his own.) No preconditions (of stack) are added to the goal stack, because they have a criticality value of only 2 (below threshold) and are thus invisible at this level. ABSTRIPS can therefore apply the F-rule stack (C, B), resulting in a new state description. Next, it considers the other goal component ON(A,C) and adds stack(^4, C) to the goal stack. (Again, the precondi­ tions of this rule are invisible.) Then ABSTRIPS applies stack(^4, C) to the current state resulting in a state description that matches the entire goal. We show the solution path for this level of the operation of ABSTRIPS in Figure 8.13. Note that when delete literals of rules are invisible, certain items that ought to be deleted from a state description are not deleted. A contradictory state description may result, but this causes no problems. The first level solution, obtained by ignoring certain details, is the sequence (stack(C,2?), stack(v4,C)}. (An equally valid solution at the first level, obtained by a different ordering of goal components, is (stack(^4,C), stack(C,i?)}. This solution will run into difficulties at a lower level causing the need to return to this first level to produce the appropriately ordered sequence.) Our first-level solution can be regarded as a high-level plan for achieving the goal. From this view, the block-stacking operations are considered most important, and a lower level of planning can be counted on to fill in details. We now pass down our first-level solution, namely, (staek(C,2?), stack(v4, C)}, to the second level. In this level we consider conditions of criticality value 2 or higher so that we begin to consider some of the details. We can effectively pass down the higher level solution by beginning the process at the next level with a goal stack that includes the sequence of F-rules in the higher level solution together with any of their visible preconditions. The last item in the beginning goal stack is the main goal. In this case the beginning goal stack for the second level is: 352 STATE DESCRIPTION CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) GOAL STACK ON(C,B) AON(A,C) STATE DESCRIPTION GOAL STACK CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) [STATE DESCRIPTION CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) ON(C,B) ON(A,C) ON(C,B) A ON(A,C) 1 GOAL STACK stack(C,5 ) ON(A,C) ON(C,B) AON(A,C) z f 1 STATE DESCRIPTION CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) ON(C,B) STATE DESCRIPTION CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) ON(C,B) GOAL STACK ON(A,C) ON(C,B)A ON(A,C) [ GOAL STACK stack(,4,C) ON(C,B) A ON(A,C) f STATE DESCRIPTION GOAL STACK CLEAR (A) CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) ON(C,B) 0N(A,O NIL Fig. 8.13 The solution path for the first level o/ABSTRIPS. 3 n S ADVANCED PLAN-GEN ERATING SYSTEMS HOLDING(C) Λ CLEAR(B) stack(C,£) HOLDING(A) A CLEAR(C) stack(^,C) ON(C,B)A ON(A,C) Because STRIPS works with a goal stack, it is easy for a subsequent level to patch in rules for achieving details. The plan passed down from higher levels effectively constrains the search at lower levels, enhancing efficiency and diminishing the combinatorial explosion. The reader can verify for himself that one possible solution produced by this second level is the sequence {unstack( C,A ), stack(C,2?), pickup(^4 ), stack(^, C)}. If no solution can be found during one of the levels, the process can return to a higher level to find another solution. In this case our second-level solution is a good one and is complete except that in its construction we have ignored the condition HANDEMPTY. During the next or third level, we lower to 1 the threshold on criticality values. We start with a goal stack containing the sequence of F-rules from the second-level solution together with (now all of) their preconditions. The work at this level, for our present example, merely verifies that the second-level solution is a correct solution even to the most detailed level of the problem. ABSTRIPS is thus a completely straightforward process for accom­ plishing hierarchical planning. All that is required is a grading of the importance of predicates accomplished by assigning them criticality values. In problems more complex than this example, ABSTRIPS is a much more efficient problem solver than the single-level STRIPS. 8.43. VARIATIONS There are several variations on this particular theme of hierarchical problem solving. First, the basic problem solver used at each level does not have to be STRIPS. Any problem-solving method can be used so long as it is possible for the method at one level to be guided by the solution produced at a higher level. For example, we could use RSTRIPS or DCOMP at each level augmented by an appropriate patching process. A minor variation on this hierarchical planning scheme involves only two levels of precondition criticality and a slightly different way of using 354 HIERARCHICAL PLANNING the criticality levels. Since this variant is important, we illustrate how it works with an example using the set of F-rules given below: 1) pickup(x) P& D: ONTABLE(x), CLEAR(x), P-HANDEMPTY A: HOLDING(x) 2) putdown(x) P&D: HOLDING(x) A: ONTABLE(x%CLEAR(x),HANDEMPTY 3) stack(;c,7) P&D: P-HOLDING{x\CLEAR{y) A: HANDEMPTY,ON(x,y),CLEAR(x) 4) unstack(x,7) P&D: P-HANDEMPTY, CLEAR(x), ON(x,y) A: HOLDING(x\CLEAR(y) The special P- prefix before a predicate indicates that achievement of the corresponding precondition is always postponed until the next lower level. We call these preconditions P-conditions. This scheme allows us to specify, for each F-rule, which preconditions are the most important (to be achieved during the current planning level) and which are details (to be achieved in the immediately lower level). In this example, we use STRIPS as the basic problem solver at each level. Let us consider the same problem solved earlier, namely, to achieve the goal [ ON ( C, B ) Λ ON ( A, C )] from the initial state shown in Figure 7.1. In Figure 8.14, we show a STRIPS solution path for the first level. Note again that the state description may contain inconsistencies because details are not deleted. The first level solution is the sequence (stack(C,£), stack(,4,C)}. We begin the second-level solution attempt with a goal stack contain­ ing the sequence of F-rules just obtained and their preconditions. Now, however, the P-conditions previously postponed must be included as conditions and be achieved at this level. Also, when these F-rules are applied, we delete these preconditions from the current state description. Any new F-rules inserted at this level are treated as before. 355 u> OS STATE DESCRIPTION CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) STATE DESCRIPTION CLEAR(B) CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) GOAL STACK ON(C,B) AON(A,C) 1 GOAL STACK ON{C,B) ON(A,C) ON{C,B) AON{A,Ç) * STATE DESCRIPTION GOAL STACK CLEAR(B) CLEAR(C) ON{C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) CLEAR(B) stack(C,£) ON(A,C) ON(C,B) A ON(A,C) z "Ì STATE DESCRIPTION CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) ON(C,B) [STATE DESCRIPTION CLEAR(C) ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) ON(C,B) GOAL STACK ON(A,C) ON{C,B) A ON(A,C) 1 GOAL STACK CLEAR(C) stack(A,C) ON(C,B)AON(A,C) w STATE DESCRIPTION GOAL STACK ON(C,A) HANDEMPTY ONTABLE(A) ONTABLE(B) ON(C,B) ON(A,Q CEEAR(A) NIL n w a 6 w z w z o in < m H W Fig. 8.14 A first-level STRIPS solution using P-conditions. BIBLIOGRAPHICAL AND HISTORICAL REMARKS The beginning goal stack for the next level of problem solving is given below. To distinguish the F-rules inherited from a previous level from those that might be inserted at the present level, we precede the inherited ones by an asterisk (*). HOLDING(C) A CLEAR(B) *stack(C,£) HOLDING(A) Λ CLEAR(C) *stack(^,C) [ON(C,B)A ON(A,C)] The STRIPS solution at this level is the sequence {unstack(C,^4 ), stack(C,i?), pickup(^), stack(^4,C)}. Even though there were post­ poned conditions at this level, namely, HANDEMPTY, this sequence is a valid solution. The goal stack set up for the next lower level causes no additional F-rules to be inserted in the plan. The problem-solving process for this level merely verifies the correctness of the second-level plan when all details are included. 8.5. BIBLIOGRAPHICAL AND HISTORICAL REMARKS RSTRIPS is based on systems for dealing with interacting goals developed by Warren (1974) and by Waldinger (1977). [Warren's system, WARPLAN, is clearly and economically implemented in PROLOG.] A similar scheme was proposed by Rieger and London (1977). DCOMP is based on Sacerdoti^ (1975, 1977) and Tate's (1976, 1977) ideas for developing "nonlinear" plans. Sussman (1975) discusses several of the problems of simultaneously achieving interacting goals and recommends the strategy of creating a plan that tolerates a few bugs and then debugging this plan in preference to the strategy of synthesizing a perfect plan. The ABSTRIPS system for hierarchical planning was developed by Sacerdoti (1974). The LAWALY system of Siklóssy and Dreussi (1973) also used hierarchies of subtasks. Our variation of ABSTRIPS using "P-conditions" is based on Sacerdoti's (1977) NOAH system. NOAH 357 ADVANCED PLAN-GEN ERATING SYSTEMS combines hierarchical and nonlinear planning; thus it might be thought of as an AB-DCOMP using P-conditions. Tate's (1977) system for generating project networks can be viewed as an elaboration of NOAH. See also a hierarchical planning and execution system proposed by Nilsson (1973). Extensions to the capabilities of robot problem solving-systems have been proposed by Fikes, Hart, and Nilsson (1972a). Feldman and Sproull (1977) discuss problems caused by uncertainty in robot planning and recommend the use of decision-theoretic methods. EXERCISES 8.1 Starting with the initial state description shown in Figure 7.1, show how RSTRIPS would achieve the goal [ON(B,A ) Λ ON(C,B)]. 8.2 Use any of the plan generating systems described in chapters 7 and 8 to solve the following block-stacking problem: x D Initial Goal 8.3 Show how DCOMP would solve the following blocks-world prob­ lem: x Initial Goal Use the predicates and STRIPS rules of chapter 7 to represent states and actions. 358 BIBLIOGRAPHICAL AND HISTORICAL REMARKS 8.4 An initial blocks-world situation is described as follows: CLEAR(A ) ONTABLE(A ) CLEAR(B) ONTABLE(B) CLEAR(C) ONTABLE(C) There is just one F-rule, namely: puton(x,y) P: CLEAR(x\CLEAR(y),ONTABLE{x) D: CLEAR{y\ONTABLE{x) A: ΟΝ(χ,γ) Show how DCOMP would achieve the goal [ON(A,B) A ON(B,C)]. 8.5 Sketch out the design of a hierarchical version of DCOM P that bears the same relationship to DCOMP that ABSTRIPS bears to STRIPS. (We might call the system AB-DCOMP.) Show how the system might work on an example problem. WARNING: There are some conceptual difficulties in designing AB- DCOMP. Describe any that you encounter even if you do not solve them. 8.6 If certain nodes in the graph of Figure 7.3 were combined, it would have the following structure: Specify a hierarchical planning system based on the form of this structure and illustrate its operation by an example. 8.7 Suppose a hierarchical planning system fails to find a solution at one of its levels. What sort of information about the reason for the failure might be useful in searching for an alternative higher level plan? Illustrate with an example. 359 ADVANCED PLAN-GEN ERATING SYSTEMS 8.8 Can you think of any ways in which the ideas about hierarchical problem solving described in this chapter might be used in rule-based deduction systems? Test your suggestions by applying them to a deduction-system solution of a robot problem using Kowalski's formula­ tion. 8.9 Can you find a counter-example to the following statement? Any plan that can be generated by STRIPS can also be generated by ABSTRIPS. 8.10 Discuss the "completeness" properties of RSTRIPS and DCOMP. That is, can these planning systems find plans whenever plans exist? 360 CHAPTER 9 STRUCTURED OBJECT REPRESENTATIONS As we discussed in chapter 4, there are many ways to represent a body of knowledge in the predicate calculus. The appropriateness of a representation depends on the application. After deciding on a particular form of representation, the system designer must also decide on how predicate calculus expressions are to be encoded in computer memory. Efficient storage, retrieval, and modification are key concerns in selecting an implementation design. Up to now in this book, we have not been concerned with these matters of efficiency. We have treated each predicate calculus statement, whether fact, rule, or goal, as an individual entity that could be accessed as needed without concern for the actual mechanisms or costs involved in this access. Yet, ease of access is such an important consideration that it has had a major effect on the style of predicate calculus representation used in large AI systems. In this chapter, we describe some of the specialized representations that address some of these concerns. We also confront certain representational questions that might also have been faced earlier, say in chapter 6, but seem more appropriate in this chapter. The representations discussed here aggregate several related predicate calculus expressions into larger structures (sometimes called units ) that are identified with important objects in the subject domain of the system. When information about one of these objects is needed by the system, the appropriate unit is accessed and all of the relevant facts about the object are retrieved at once. We use the phrase structured objects to describe these representational schemes, because of the heavy emphasis on the structure of the representation. Indeed, the structure carries some of the representational and computational burden. Certain operations that might otherwise have been performed by explicit rule applications (in 361 STRUCTURED OBJECT REPRESENTATIONS other representations) can be performed in a more automatic way by mechanisms that depend on the structure of the representation. These representational schemes are the subject of this chapter. 9.1. FROM PREDICATE CALCULUS TO UNITS Suppose we want to represent the following sentences as predicate calculus facts: John gave Mary the book. John is a programmer. Mary is a lawyer. John's address is 37 Maple St. The following wffs appear to be a reasonable representation: GIVE (JOHN, MAR Y, BOOK) OCCUPA TION(JOHN, PROGRAMMER ) OCCUPATION (MARY, LAWYER) ADDRESS (JOHN,31~MAPLE-ST) In this small database, we have used individual constant symbols to refer to six entitities, namely, JOHN, MAR Y, BOOK, PROGRAMMER, LA WYER, and 31-MAPLE-ST. If the database were enlarged, we would presumably mention more entities, but we would also probably add other information about these same entities. For retrieval purposes, it would be helpful if we gathered together all of the facts about a given entity into a single group, which we call a unit. In our simple example, the unit JOHN has associated with it the following facts: JOHN GIVE(JOHN,MARY,BOOK) OCCUPA TION(JOHN, PROGRAMMER ) ADDRESS (JOHN,31-MAPLE-ST) 362 FROM PREDICATE CALCULUS TO UNITS Similarly, we associate the following facts with the unit MARY: MARY GIVE (JOHN, MARY, BOOK) OCCUPATION(MARY,LA WYER) (It is possible to have the same fact associated with terms denoting different entities in our domain.) A representational scheme in which the facts are indexed by terms denoting entities or objects of the domain is called an object-centered representation. Most notations for structured objects involve the use of binary (two-argument) predicates for expressing facts about the objects. A simple conversion scheme can be used to rewrite arbitrary wffs using only binary predicates. To convert the three argument formula GIVE (JOHN, MARY, BOOK), for example, to one involving binary predicates, we postulate the existence of a particular "giving event" and a set of such giving events. Let us call this set GIVING-E VENTS. For each argument of the original predicate, we invent a new binary predicate that relates the value of the argument to the postulated event. Using this scheme, the formula GIVE (JOHN, MARY, BOOK) would be converted to: (3x)[EL(x,GIVING-EVENTS) A GIVER(xJOHN) A RECIP(x,MARY) A OBJ(x,BOOK)\ The predicate EL is used to express set membership. Skolemizing the existential variable in the above formula gives a name, say GI, to our postulated giving event: EL(G1,GIVING-EVENTS) A GIVER(GIJOHN) A RECIP(G1,MARY) A OBJ(GI,BOOK) Thus, we have converted a three-argument predicate to the conjunc­ tion of four binary ones. The relations between GI and the original arguments of GIVE could just as well be expressed as functions over the set GIVING-E VENTS instead of as predicates. With this additional notational change, the 363 STRUCTURED OBJECT REPRESENTATIONS sentence "John gave Mary the book" can be represented by the following formula: EL(G1,GIVING-EVENTS) AEQ[giver(Gl),JOHN] A EQ[recip(Gl),MARY] AEQ[obj(Gl),BOOK] The predicate EQ is meant to denote the equality relation. The expression above uses certain functions, defined over the set GIVING- E VENTS, whose values name other objects that participate in Gl. There are some advantages in converting to a representation that uses events and binary relations. For our purposes, the primary advantage is modularity. Suppose, for example, that we want to add some information about when a giving event takes place. Before converting to our binary form, we would need to add a fourth (time) argument to the predicate GIVE. Such a change might require extensive changes to the production rules that referenced GIVE and to the control system. If, instead, giving is represented as a domain entity, then additional information about it can easily be incorporated by adding new binary relations, functions, and associated rules. In this part of the book we represent all but a small number of propositions as terms denoting "events" or "situations" that are consid­ ered entities of our domain. The only predicates that we need are EQ, to say that two entities are the same; SS, to say that one set is a subset of another; and EL, to say that an entity is an element of a set. For our example sentences above, we had events in which persons had occupa­ tions and an event in which a person had an address. These sentences are represented as follows: Gl EL ( Gl, GIVING-EVENTS) EQ[giver(Gl),JOHN] EQ[recip(Gl),MARY] EQ[obj(Gl),BOOK] 364 FROM PREDICATE CALCULUS TO UNITS OC1 EL ( OC1, OCCUPA TION-EVENTS) EQ[worker(OCl)JOHN] EQ [profession ( OC1 ), PROGRAMMER ] OC2 EL(OC2, OCCUPA TION-EVENTS) EQ[worker{OC2\MARY] EQ [profession {OC2\ LA WYER ] ADR1 EL(ADR1 9 ADDRESS-EVENTS) EQ[person(ADRl)JOHN] EQ [ location (ADRI \31-MAPLE-ST] In these units, we have freely invented functions to relate events with other entities. We notice that the units above share a common structure. First, an EL predicate is used to state that the object described by the unit is a member of some set. (If the object described by the unit had been a set itself, then an SS predicate would have been used to state that it was a subset of some other set.) Second, the values of the various functions of the object described by the unit are related to other objects. We next introduce a special unit notation based on this general structure. As an abbreviation for a formula like EQ[giver(GI),JOHN], we use the expression or pair "giver : JOHN" All of the EQ predicates that relate functions of the object described by the unit to other objects are expressed by such pairs grouped below the unit name. Thus, drawing from our example, we have: Gl giver: JOHN reap: MARY obj: BOOK 365 STRUCTURED OBJECT REPRESENTATIONS In AI systems using unit notation, constructs like "giver : JOHN" are often called slots. The first expression, giver, is called the slotname, and the second expression, JOHN, is called the slotvalue. Sometimes the slotvalue is not a constant symbol (such as JOHN) but a functional expression. In particular, the function may correspond to the slotname of another unit. Consider, for example, the sentences "John gave the book to Mary," and "Bill gave the pen to the person to whom John gave the book." We express this pair of sentences by the following units: Gl EL(G1,GIVING-EVENTS) giver: JOHN reap: MARY obj: BOOK G2 EL(G2, GIVING-EVENTS) giver: BILL recip : recip(Gl) obj: PEN In these examples, recip (Gl) and MARY are two different ways of describing the same person. Later, we discuss a process for "evaluating" a functional expression like recip (Gl) by finding the slotvalue of recip in the unit Gl. Slotvalues can also be existential variables. For example, a predicate calculus version of the sentence "Someone gave Mary the book" might include the formula (3x)EQ[giver(G3) 9x]. We might Skolemize the existential variable to get an expression like EQ [ giver (G3),S ]. Usually, we have some information about the existential variable. In our current example, we would know that "someone" referred to a person. A better rendering of "Someone gave Mary the book" would involve the formula: (3x){EQ[giver(G3),x] Λ EL(x,PERSONS)]} or simply, EL [ giver ( G3 ), PERSONS ]. 366 FROM PREDICATE CALCULUS TO UNITS In order to handle this sort of formula in our unit notation, we invent the special form "(element-of PERSONS)" as a kind of pseudo-slot- value. This form serves as an abbreviation for the formula that used the EL predicate. An expression using the abbreviated form can be thought of as an indefinite description of the slotvalue. To complete our set of abbreviating conventions, we use the "(ele­ ment-of )" form in a slotname called "self to state that the object described by the unit is an element of a set. With these conventions, our set of units that were originally written as groups of predicate calculus formulas can be rewritten as follows: Gl self: (element-of GIVING-EVENTS) giver: JOHN reap: MARY obj: BOOK OC1 self: ( element-of OCCUPA TION-E VENTS ) worker: JOHN profession: PROGRAMMER OC2 self: ( element-of OCCUPA TION-E VENTS ) worker: MARY profession : LA WYER ADR1 self: (element-ofADDRESS-EVENTS) person : JOHN location : 31-MAPLE-ST Other entities in our domain might similarly be described by the following units: JOHN self: (element-of PERSONS) MARY self: (element-ofPERSONS) 367 STRUCTURED OBJECT REPRESENTATIONS BOOK self: (element-ofPHYS-OBJS) PROGRAMMER self: (elemeni-ofJOBS) LA WYER self: (element-of JOBS) 31-MAPLE-ST self: (element-of ADDRESSES) PERSONS self: (subset-of ANIMALS) This set of units represents explicitly certain information (about set membership) that was merely implicit in our original sentences. Note that in the last unit, PERSONS, we use the form "(subset-of AN­ IMALS)" This form is analogous to the "(element-of )" form; within the PERSONS unit it stands for SS(PERSONS,ANIMALS). It should be clear how to translate any of the above units back into conventional predicate calculus notation. We can also accommodate universally quantified variables in units. Consider, for example, the sentence "John gave something to everyone." In predicate calculus, this sentence might be represented as follows: (Vx )(3y )(3z ){ EL (y, GIVING-E VENTS ) A EQ[giver(y)JOHN] A EQ[obj(y\z] AEQ[recip(ylx]} . Skolemization replaces the variables y and z by functions of x. In particular, the giving event, y, is now a Skolem function of x and not a constant. The family of giving events represented by this function can be described by the functional unit: g(x) self: (element-ofGIVING-EVENTS) giver: JOHN obj: sk(x) recip : x 368 FROM PREDICATE CALCULUS TO UNITS In this unit, the slotvalue of obj is the Skolem function, sk(x). The scope of universal variables in units is the entire unit. (We assume that all predicate calculus formulas represented in unit notation are in prenex Skolem form. That is, all negation signs are moved in, variables are standardized apart, existential variables are Skolemized, and all universal quantifiers apply to the entire expression. Thus, when translating unit notation back into predicate calculus, the universal variables all have maximum scopes.) Since ideas about sets and set membership play such a prominent role in the representations being discussed in this chapter, it will be helpful to have some special functions for describing sets. To describe a set composed of certain individuals, we use the function the-set-of; for example, the-set-of {JOHN,MARY, BILL). We also use functions inter­ section, union, and complement to describe sets composed of the intersection, union, or complement of sets, respectively. These set-describing functions can be usefully employed as a way to represent certain sentences expressing disjunctions and negations. For example, consider the sentences: "John bought a car," "It was either a Ford or a Chevy," and "It was not a convertible." These sentences could be described by the following unit: Bl self: (element-ofBUYING-EVENTS) buyer: JOHN bought : ( element-of intersection ( union ( FORDS, CHE VYS ), complement ( CON VER TIB LES ))) . As another example, the sentence "John gave the book to either Bill or Mary" might be represented by: G4 self: (element-of GIVING-EVENTS) giver: JOHN recip : (element-of the-set-of (BILL, MARY)) obj: BOOK We postpone the discussion of how to represent implications in unit notation. It is not our intention here to develop the unit notation into a completely adequate alternative syntax for predicate calculus. A com­ plete syntax might be quite cumbersome; indeed, various useful AI systems have employed quite restricted versions of unit languages. 369 STRUCTURED OBJECT REPRESENTATIONS 9.2. A GRAPHICAL REPRESENTATION: SEMANTIC NETWORKS The binary-predicate version of predicate calculus introduced in the last section lends itself to a graphical representation. The terms of the formalism (namely, the constant and variable symbols and the functional expressions) can be represented by nodes of a graph. Thus, in our examples above, we would have nodes for JOHN, Gì, MARY, LAW­ YER, ADR1, etc. The predicates EQ, EL, and SS can be represented by arcs; the tail of the arc leaves the node representing the first argument, and the head of the arc enters the node representing the second argument. Thus, the expression EL(G1,GIVING-EVENTS) is repre­sented by the following structure: CE> The nodes and arcs of such graphs are labeled by the terms and predicates that they denote. When an EQ predicate relates a term and a unary function of another term, we represent the unary function expression by an arc connecting the two terms. For example, to represent the formula EQ[giver{Gì),JOHN], we use the structure: A collection of predicate calculus expressions of the type we have been discussing can be represented by a graph structure that is often called a semantic network. A network representation of our example collection of sentences is shown in Figure 9.1. Semantic networks of this sort are useful for descriptive purposes because they give a simple, structural picture of a body of facts. They also depict some of the indexing structure used in many implementations of predicate calculus representations. Of course, whether we choose to describe the computer representation of a certain body of facts by a semantic network, by a set of units, or by a collection of linear formulas is mainly a matter of taste. The underlying computer data structures may well be the same! We use all three types of descriptions more or less interchangeably in this chapter. We show another semantic net example in Figure 9.2. It represents the same set of facts that were represented as predicate calculus expressions in an information retrieval example in chapter 6. JOHN 370 A GRAPHICAL REPRESENTATION: SEMANTIC NETWORKS ADDRESS-EVENTS ) (OCCUPATION-EVENTS) ( GIVING-EVENTS fworker\ person worker / V™fession \ recip /\ \ profession PROGRAMMER EL JOHN EL Fig. 9.1 A simple semantic network. 371 STRUCTURED OBJECT REPRESENTATIONS Fig. 9.2 A semantic network representing personnel information. 372 A GRAPHICAL REPRESENTATION: SEMANTIC NETWORKS The nodes in the networks of Figures 9.1 and 9.2 are all labeled by constant symbols. We can also accommocate variable nodes; these are labeled by lower case letters near the end of the alphabet (e.g.,..., x9y, z ). Again, the variables are standardized apart and are assumed to be universally quantified. The scope of these quantifications is the entire fact network. We follow the same conventions converting predicate calculus for­ mulas to network form as we did converting them to unit notation. Existentially quantified variables are Skolemized, and the resulting Skolem functions are represented by nodes labeled by functional expressions. Thus the sentence "John gave something to everyone" can be represented by the network in Figure 9.3. In this figure, "x" is universally quantified. The nodes labeled by "g(x)" and "$&(*)" are Skolem-function nodes. (Computer implementations of nodes labeled by functional expressions would probably have some sort of pointer structure between the dependent nodes and the independent ones. For simplicity, we suppress explicit display of these pointers in our semantic networks; although some net formalisms include them.) We next discuss how to represent the propositional connectives graphically. Representing conjunctions is easy: The multiple nodes and EL and SS arcs in a semantic network represent the conjunction of the associated atomic formulas. To represent a disjunction, we need some way of setting off those nodes and arcs that are the disjuncts. In a linear notation, we use parentheses or brackets to delimit the disjunction. For semantic networks, we employ a graphical version of the parentheses, an enclosure, represented by a closed, dashed line in our illustrations. For a disjunction, each disjunctive predicate is drawn within the enclosure, and the enclosure is labeled DIS. Thus, the expression [EL(A,B) V SS(B 9C)] is represented as in Figure 9.4. To set off a conjunction nested within a disjunction, we can use an enclosure labeled CONJ. (By convention, we omit the implied conjunc­ tive enclosure that surrounds the entire semantic network.) Arbitrary nesting of enclosures within enclosures can be handled in this manner. As an example, Figure 9.5 shows the semantic network version of the sentence "John is a programmer or Mary is a lawyer." In converting predicate calculus expressions to semantic network form, negation symbols are typically moved in, so that their scopes are limited to a single predicate. In this case, expressions with negation symbols can 373 STRUCTURED OBJECT REPRESENTATIONS be represented in semantic network form simply by allowing ~EL, ~SS, and ~EQ arcs. More generally, we can use enclosures to delimit the scopes of negations also. In this case, we label the enclosure by NEG. We show, in Figure 9.6, a graphical representation of ~[EL(A,B) Λ SS(B,C)]. To simplify the notation we assume, by convention, that the predicates within a negative enclosure are conjunc­ tive. (^ΊθΗΝ^) [sk(x)) Fig. 9.3 A net with Skolem-function nodes. disjunctive enclosure Fig. 9.4 Representing a disjunction. 374 A GRAPHICAL REPRESENTATION: SEMANTIC NETWORKS Fig. 9.5 A disjunction with nested conjunctions. Fig. 9.6 Representing a negation. 375 STRUCTURED OBJECT REPRESENTATIONS In Figure 9.7 we show an example of a semantic network with both a disjunctive and a negative enclosure. This semantic network is equivalent to the following logical formula: {EL(B1,BUYING-EVENTS) A EQ[buyer(Bl),JOHN\ A EQ[bought(Bl),X] A ~EL(X,CONVERTIBLES) A [EL(X,FORDS) V EL(X,CHEVYS)] A SS(FORDS,CARS) A SS(CHEVYS,CARS) A SS(CONVERTIBLES,CARS)} Fig. 9.7 A semantic network with logical connectives. 376 A GRAPHICAL REPRESENTATION: SEMANTIC NETWORKS If we negate an expression with a leading existentially quantified variable and then move the negation symbol in past the quantifier, the quantification is changed to universal. Thus, the statement "Mary is not a programmer" might be represented as ~ {(3x ) EL ( jc, OCCUPA TION-E VENTS ) Λ EQ[profession(x ),PROGRAMMER] A EQ[worker(x),MARY]} , which is equivalent to (Vx )~ { EL (x, OCCUPA TION-EVENTS) A EQ [profession (x ), PROGRAMMER ] A EQ[worker(x),MARY]} . The network representation for the latter formula is shown in Figure 9.8. Enclosures can also be used to represent semantic network implica­ tions. For this purpose, we have a linked pair of enclosures, one labeled ANTE and one labeled CON SE. For example, the sentence "Everyone who lives at 37 Maple St. is a programmer" might be represented by the net in Figure 9.9. In this figure, o(x,y) is a Skolem function naming an occupation event dependent on x and y. A dashed line links the ANTE and CON SE enclosures to show that they belong to the same implication. We discuss network implications in more detail later when we introduce rules for modifying databases. Fig. 9.8 One representation of a negated existential statement. 3ΊΊ STRUCTURED OBJECT REPRESENTATIONS ADDRESS-EVENTS OCCUPA TION-E VENTS ( EL ANTE CONSE r y Λ \ Penon \ t 0 , | worker / ^ EL y)) ^ he profession PROGRAMMER Fig. 9.9 A network with an implication. In all of these examples, enclosures are used to set off a group of EL, SS, and function arcs and thus are drawn so as to enclose only arcs. (Whether or not they enclose nodes has no consequence in our semantic net notation.) 9.3. MATCHING A matching operation, analogous to unification, is fundamental to the use of structured objects as the global database of a production system. We turn to this subject next. To help us define what we mean by saying that two structured objects "match," we must remember the fact that structured objects are merely an alternative kind of predicate calculus formalism. The appropriate 378 MATCHING definition must be something like: Two objects match if and only if the predicate calculus formula associated with one of them unifies with the predicate calculus formula associated with the other. We are interested in a somewhat weaker definition of match, because our match operations are not usually symmetrical. That is, we usually have a goal object that we want to match against a, fact object. We say that a goal object matches a fact object if the formula involving the goal object unifies with some sub-conjunction of the formulas of the fact object. (Matching occurs only if the goal object formulas are provable from the fact-object formulas.) Let us look at some example matches between units using this definition. Suppose we have the fact unit: Ml self: (element-of MARRIAGE-EVENTS) male: JOHN-JONES female: MARY-JONES The predicate calculus formula associated with this unit is: EL(M1,MARRIAGE-EVENTS) A EQ [ male ( Ml ), JOHN-JONES ] EQ[female(Ml\MARY-JONES] . This fact unit would match the goal unit: Ml self: (element-of MARRIAGE-EVENTS) male: JOHN-JONES It would not match the goal unit: Ml self: (element-of MARRIAGE-EVENTS) male: JOHN-JONES female: MARY-JONES duration : 10 For semantic networks, the situation is quite similar. In Figures 9.10 and 9.11 we show the fact and goal networks that correspond to the units examples above. In these figures, we separate the fact and goal arcs by a dashed line. (Again, only the location of the arcs, with respect to the 379 STRUCTURED OBJECT REPRESENTATIONS male female EL Fig. 9.10 A goal net that matches a fact net. male female duration EL Fig. 9.11 A goal net that does not match a fact net. 380 MATCHING dashed line, is important; the location of nodes is irrelevant in our formulation.) In order for a goal network structure to match a fact network structure, the formula associated with the goal structure must unify with some sub-conjunction of the formulas associated with the fact structure. In these examples, we merely have to find fact arcs that match each of the goal arcs. The match is successful in Figure 9.10, but it is unsuccessful in Figure 9.11. In any representational scheme there are often several alternative representations for basically the same information. Since our definition of structure matching depends on the exact form of the structure, such alternatives do not strictly match. Consider the network examples of Figure 9.12. There we show two alternatives for representing "John Jones is married to Mary Jones." One of these uses a "marriage-event," and the other uses the special wife-of function. (Ordinarily, our preference is not to use functions like wife-of unless their values are truly independent of other parameters, such as time.) Syntactically, the two structures of Figure 9.12 do not match even though they semantically "say" the same thing. Such a circumstance corresponds to the fact that two predicate calculus forms for representing the same idea do not unify when they contain different predicate or function symbols. We show a somewhat more complex example of equivalent forms in Figure 9.13. Some AI systems that use structured objects have elaborate matchers that use special knowledge about the domain of application to enable direct matches between structures like those shown in Figure 9.12 and Figure 9.13. These systems have what are often described as "semantic matchers," that is, matchers that decide that two structures are the same if they "mean" the same thing. It is perhaps a matter of taste as to where one wants to draw the line between matching and object manipulation computations and deduc­ tions. Our preference is to prohibit operations in the matcher that require specialized domain knowledge or that might involve combinatorial computations. In these cases, we would prefer to use rule-based deduc­ tive machinery to establish the semantic equivalence between different syntactic forms. Such a strategy retains, for the control system, the responsibility of managing all potentially combinatorial searches. It permits the matcher to be a general-purpose routine that does not have to be specially designed for each application. We postpone a discussion of deductive machinery until later, when we talk about operations on structured objects. 381 STRUCTURED OBJECT REPRESENTATIONS A common cause of syntactic differences between network structures are the different ways of setting up chains of EL and SS arcs. Consider the example of Figure 9.14. The goal structure can be derived from the fact structure using a fundamental theorem from set theory. Because this derivation occurs so often with structured objects, it is usually built into the matcher. In fact, one of the advantages of structured objects is that their pointer structures allow easy computation of element/subset/set relationships. Thus, we say that the two structures in Figure 9.14 do match. So far, we have only discussed matching between two constant structures. Usually, one or both of the structures contain variables that can have terms substituted for them during the matching process. Variables that occur in fact structures have implicit universal quantifica­tion in all formulas in which they appear, and variables that occur in goal structures have implicit existential quantification in all formulas in which they appear. Our structured-object systems are first-order, so variables can only occur as labels for nodes, units, or slotvalues. Fig. 9.12 Two non-matching, equivalent structures. 382 MATCHING John or Bill gave Mary the pen. giver Fig. 9.13 Another example of equivalent networks. 383 STRUCTURED OBJECT REPRESENTATIONS PERSONS SS MEN EL JOHN-JONES FACT NET GOAL NET EL Fig. 9.14 Nets with EL and SS arcs. Fig. 9.15 Matching nets. 384 MATCHING A typical use of structures with variables is as goal structures. Suppose, for example, that we wanted to ask the question "To whom did John give the book?" This question could be represented by the following goal unit: x self: {element-ofGIVING-EVENTS) giver: JOHN recip : y obj: BOOK Matching this goal unit against the fact unit, Gl, yields the substitution {Gl/x,MARY/y}, which can be used to generate an answer to the question. In network notation, we show the corresponding matching fact and goal structures in Figure 9.15. In order for a goal net to be matched, each of its elements (arcs and nodes) must unify with corresponding fact-net elements. In matching objects that contain functional expressions for slotvalues, we assume that these functional expressions are evaluated whenever possible. Evaluation is performed by reference to the object named by the argument of the function. Suppose, for example, that we want to ask the question: "Did Bill give Mary the pen?" This query can be expressed as the goal unit: x self: {element-of GIVING EVENTS) giver: BILL recip: MARY obj: PEN Suppose our fact units include: Gl self: {element-ofGIVING-EVENTS) giver: JOHN recip: MARY obj: BOOK G2 self: {element-ofGIVING-EVENTS) giver: BILL recip : recip {Gl) obj: PEN 385 STRUCTURED OBJECT REPRESENTATIONS Because recip{Gl) can be evaluated to MARY, by reference to Gl, our goal unit matches G2 ; and we can answer "yes" to the original query. We permit the matcher to perform these kinds of evaluations because they can be handled without domain-specific strategies and do not cause combinatorial computations. It might also be desirable to allow the matcher to use certain common equivalences between units. One such equivalence involves the special descriptive form {element-of ). For example, the sentence "Joe bought a car" might be represented either by the unit: B2 self: {element-ofBUYING-EVENTS) buyer: JOE bought : ( element-of CARS ) or by the pair of units: B2 self: {element-ofBUYING-EVENTS) buyer: JOE bought: X and X self: {element-ofCARS) (The first unit could be considered an abbreviated form for the pair of units.) We could build information about this abbreviation into the matcher so that, for example, the pair of units would match the goal unit: y self: {element-ofBUYING-EVENTS) buyer: JOE bought : { element-of CARS ) 386 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS 9.4. DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS 9.4.1. DELINEATIONS Structured object representations can be used in production systems for performing deductions. As in our earlier discussions of predicate calculus deduction systems, the production rules are based on implica­ tions. Before talking about how implications are used in general, we consider a frequently occurring special use: when an implication asserts properties about every member of a given set. Consider, for example, the sentence "All computer science students have graduate standing." From this assertion and the sentence, "John is a computer science student," we should be able to deduce that "John has graduate standing." We could represent these statements in the predicate calculus as follows: Fact : EL(JOHN, CS-STUDENTS) Rule :EL(x, CS-STUDENTS )=>EQ[ class ( x ), GRA D ] Goal: EQ[class{JOHN\GRAD] An ordinary predicate calculus production system might use the rule (in either direction) to prove the goal. In unit language, our fact might be represented as: JOHN self: (element-of CS-STUDENTS) and our goal might be represented as: JOHN class: GRAD Our problem now is how to represent and use the implicational rule in a system based on unit notation. 387 STRUCTURED OBJECT REPRESENTATIONS In the unit formalism, we represent implications that assert properties about every member of a set by a special kind of unit called a delineation unit. Such a unit describes (delineates) each of the individuals in a set denoted by another unit. For example, suppose we have a unit denoting the set of computer science students: CS-STUDENTS self: (subset-of STUDENTS) A delineation unit for this set is used to describe each of the individuals in the set. We let this delineation unit be a sorted universal variable whose domain of universal quantification is the set. The sort of the variable, that is, the name of its domain set, follows the variable after a vertical bar, "|". Thus, to describe each computer science student, we have the delineation unit: x | CS-STUDENTS major : CS class: GRAD We must be careful not to confuse delineation units describing each individual in a set with the unit describing the set itself, or with any particular individuals in the set! Some AI systems using a unit formalism have entities called prototype units that seem to play the same role as our delineation units. In these systems, prototype units seem to be treated as if they were a special kind of constant, representing a mythical "typical" member of a set. The prototype units are then related to other members of the set by an "instance" relation. But such prototype units might cause confusion—because substituting a constant for a variable (instantiation) should properly be thought of as a metaprocess rather than as a relation in the formalism itself. It seems more reasonable to think of a delineation unit as a special form of implicational rule. Delineation units can be used in the forward direction to create new fact units or to add properties to existing fact units. For example, suppose we had the fact unit: JOHN self: (element-of CS-STUDENTS) To use the delineation unit in the forward direction, we note that x I CS-STUDENTS matches the fact unit JOHN. The sorted variable, JC, 388 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS matches any term that is an element of CS-STUDENTS. Applying the delineation unit to the fact unit involves adding, to the fact unit, the slots "major: CS" and "class: GRAD." Thus extended, the fact unit JOHN matches our goal unit JOHN. Used in the backward direction on the goal unit, the delineation unit sets up the subgoal unit: JOHN self: (element-of CS-STUDENTS) Since this subgoal unit matches the original fact unit, we again have a proof. In the CS-student example, the goal unit did not contain any variables. Allowing (existential) variables in goals is perfectly straightforward. Suppose we want to find out which individual has graduate standing. A goal unit for this query might be: y class: GRAD Reasoning in the backward direction, this goal unit can be matched against the delineation unit x \ CS-STUDENTS to create the subgoal unit: y self: (element-of CS-STUDENTS) This subgoal unit, in turn, matches the fact unit JOHN, so the answer to our original query can be constructed from the substitution {JOHN/y}. Delineations can be represented in the network formalism by sorted variable nodes. The variable is assumed to have universal quantification over the individuals in the sort set. The network representation for the delineation of CS-STUDENTS, analogous to the unit representation just discussed, is shown in Figure 9.16. In addition to representations for a set of objects and characterizations of the properties of every member of a set, we often use the idea of an abstract individual in relation to members of the set. For example, 389 STRUCTURED OBJECT REPRESENTATIONS Fig. 9.16 A network delineation for CS-STUDENTS. consider the net shown in Figure 9.17. This net refers to the set of all autos, describes some properties of each member of the set, and also mentions a particular member, "car 54." Suppose we wanted a represen­ tation of the sentence "The auto was invented in 1892." We could easily construct a node representing an "invention situation" with function arcs pointing to the inventor, the thing invented, etc. But to which node would the thing-invented arc point? It wasn't car 54 or even the set of all autos that was invented in 1892. Just what was invented? We can answer this question satisfactorily for many purposes by using the idea of an abstract auto, denoted by the node AB-AUTO. This abstract individual is then related to the rest of the network as shown in Figure 9.18. In that figure, the properties of each member of the set of autos (as expressed by the delineation) are augmented to include the fact that the abstract auto is the abstraction of every member of the set of autos. Note that the abstraction-of function does not have an inverse; the function is many-to-one. In systems that treat a delineation as if it were an individual constant representing a typical set member, it would be possible to have an inverse function of abstraction-of, say, reification- prototype-of, whose value would be the prototype individual. Since the 390 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS prototype confers all of its properties on every member of the set, each would have the absurd property that it was the reification prototype of the abstract individual. Treating prototypes as universally quantified impli­ cations instead of as constants avoids this difficulty. Some constant objects, such as LA WYER and PROGRAMMER, that were used in our earlier examples are probably best interpreted as abstract individuals. We'll see more examples of abstract individuals in the examples to follow. number-of-wheels Fig. 9.17 Some information about autos. x\AUTOS Yabstraction-of \ thing-invent ed Fig. 9.18 A net with a node denoting an abstract individual. 391 STRUCTURED OBJECT REPRESENTATIONS 9.4.2. PROPERTY INHERITANCE In many applications, the structured objects denoting individuals and sets form a taxonomic hierarchy. A common example is the tree-like taxonomic division of the animals into species, families, orders, etc. The taxonomies used in ordinary reasoning might be somewhat more "convoluted" than those used in formal biology—an individual may be an element of more than one set, for example. Usually, though, useful hierarchies narrow toward a small number of sets at the top and, in any case, the various sets form a partial order under the subset relation. Consider the hierarchy shown in Figure 9.19. Learning that Clyde is an elephant, we could use the delineations (together with some set theory) to make several forward inferences. Specifically, we could derive that Clyde is gray and wrinkled, that he likes peanuts, that he is warm-blooded, etc. The results of these operations could be used to augment the structured object denoting Clyde. In any given reasoning problem, efficiency considerations demand that we do not derive all of these facts about Clyde explicitly. Similar efficiency problems arise when delineations in a taxonomic hierarchy are used to reason backward. Suppose that we want to prove that Clyde was gray (when we didn't know this fact explicitly). Using the delineations of Figure 9.19, we might set up several subgoals including showing that Clyde was a shark, a sperm whale, or an elephant. If the facts had included the assertion that Clyde was an elephant, we ought to be able to reason more efficiently, since, then, we should be able at least to avoid subgoals like Clyde being a shark. There is evidence that humans are able to perform these sorts of reasoning tasks rapidly without being overwhelmed by combinatorial considerations. Some of the forward uses of delineations in taxonomic hierarchies can be efficiently built into the matcher without risking severe combinatorial problems. We describe how this might be done for some simple examples using the network formalism. In taxonomic hierarchies that narrow toward a small number of sets at the top, there is little harm in building into the matcher itself the ability to apply certain delineations in the forward direction. Consider the problem of trying to find a match for a goal arc a between two fact nodes Nl and N2. We show this situation in Figure 9.20. If there is a fact arc a between Nl and N2 (as shown by one of the dashed arcs in Figure 9.20), then we have an immediate match. We could restrict the matcher by permitting it 392 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS blood-temp Fig. 9.19 A taxonomic hierarchy of sets and their delineations. to look only for such immediate matches. If none were found, we could apply production rules, like the delineation shown in Figure 9.20, to solve the problem. For the example of Figure 9.20, if the matcher could not find an explicit a arc in the fact network between Nl and 7V2, then it would ascend the taxonomic hierarchy from Nl checking for the presence of a arcs to N2 from delineations of the sets (and supersets) to which Nl 393 STRUCTURED OBJECT REPRESENTATIONS belongs. In Figure 9.20 we show, by dashed arcs, some of the possible a arcs that the matcher is permitted to seek. If it can find such an arc, the match is successful. Unless all of the goal arcs can be matched, the matcher terminates with failure. A system with an extended matcher of this type operates as if an object automatically inherited all of the (needed) properties of its sets and supersets. The ease with which properties can be inherited is one of the advantages of using a structured object formalism. As an illustration of this process, let's consider the following examples based on Figure 9.19. First, suppose we want to prove that Clyde is gray when we know that Clyde is an elephant (but we don't know explicitly that Clyde is gray). This problem is represented in Figure 9.21, where we have included part of the net shown in Figure 9.19. Since there is no color arc within the fact net pointing from CLYDE to GRAY, we cannot obtain an immediate match. So we move up to the ELEPHANTS delineation where we do have a color arc to GRA Y. The matcher notes that CLYDE inherits this color arc and finishes with a successful match. Fig. 9.20 Matching a goal arc. 394 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS GOAL NET color Fig. 9.21 A net for proving that Clyde is gray. Next, suppose we want to prove that Clyde is warm-blooded when we know only that Clyde is an elephant. Again, we move up the taxonomic hierarchy to the delineation unit for MAMMALS where a match is readily determined. Finally, suppose we want to prove that Clyde breathes oxygen and is gray and warm-blooded, given only that Clyde is a mammal. Ascending the delineation hierarchy picks up a blood-temp arc to WARM and an inhalant arc to OXYGEN, but not a complete match. These two properties are added explicitly to CL YD E before attempting to prove the goal by rule-based means. One might also want to build one other important operation into the matcher, namely, an operation in which an inherited Skolem function node must be proved equal to a constant node. Consider the example of Figure 9.22. Our goal there is to show that Henry is a member of the computer science faculty. Using the delineation x \ CS-STUDENTS in 395 STRUCTURED OBJECT REPRESENTATIONS CS-STUDENTS xlCS-STUDENTS t EL Fig. 9.22 A network with an inheritable Skolem-function node. the forward direction on JOHN creates the structure shown in dashes in Figure 9.22. Now, since the adviser arc represents a function, HENRY must be equal to a {JOHN), and our match is complete. One could use the following scheme for building this sort of reasoning process into the matcher. Using the example of Figure 9.22 as an illustration, we first attempt an immediate match by looking for a fact EL arc between HENRY and CS-FACULTY. Failing to find one, we then look in the taxonomic hierarchy above HENR Y to see if there is an EL arc to be inherited. In our example, we fail again. Next, we look for function arcs pointing to HENRY from constant nodes. Suppose we find an arc, ai, pointing to HENRY from a node, Ni. (That is, 396 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS Fig. 9.23 Matching a variable goal node. EQ [ ai ( Ni ), HENR Y].) Then, we look in the taxonomic hierarchy above each such node Ni to see if Ni inherits an ai arc to some Skolem function node that has an EL arc directly to CS-FACULTY. If we find such an inheritance, our extended matcher succeeds. Strategies for matching a variable goal node against facts in the database also depend on the structure of the net. In the simplest case, the variable goal node, say, x, is tied to constant fact nodes, Nl, N2,..., Nk, by arcs labeled al, a2, ..., ak, respectively. The situation is depicted in Figure 9.23. The constant nodes Nl,..., Nk also have other arcs incident on them. Our attempt to find a match must look back through al arcs incident on Nl, a2 arcs incident on N2, etc. (We assume that our implementation of the network makes it easy to trace through arcs in the "reverse" direction.) Some of these arcs originate from constant nodes and some from delineations. A good strategy is to look first for a constant node, because the set of possible nodes in the fact net that might match x can be quite large if the delineations are considered. Suppose node Ni has the smallest set of constant nodes sending ai arcs to Ni. We attempt to match x against the nodes in this set and allow the matcher to use delineations in matching the other arcs. In Figure 9.24, we show a simple example. In this case, there is only one constant node, namely, CLYDE, having the desired properties. In attempting a match against CLYDE, we must next find an EL arc between CLYDE and MAMMALS, and a blood-temp arc 397 STRUCTURED OBJECT REPRESENTATIONS ELy^ [ Cy \MAMMALSJ ..>~ ' blood-temp r C WARM J FACT NET \ GOAL NET \ blood-temp\ : EL ^^^55 f ELEPHANTS J EL\ ^ C CLYDE J color * C GRAY J /color X Fig. 9.24 An example with a variable goal node. between CLYDE and WARM. The first of these arcs is inferred by a subset chain, and the second is established by inheritance; so the match succeeds. We can always find at least one constant node to use as a candidate if we allow the matcher to look backward down through SS and EL chains. Consider, for example, the problem shown in Figure 9.25. In this net, there is no "immediate" constant node to serve as a candidate match, but working down from MAMMALS through an SS and an EL chain puts us at the constant node, CLYDE. The rest of the match is easily handled by property inheritance. We can assume that a variable goal node always has 398 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS Fig. 9.25 Another example with a variable goal node. an EL (or SS) arc pointing to something in the fact net (every entity is at least a member of the universal set). This matching strategy can be elaborated to deal with cases in which the goal net structure is more complex, where it contains more than one variable node. Each variable node must be properly matched in order for the whole goal structure to be matched. In any case, if no match can be obtained, either delineation rules must be used in the backward direction or other rules must be used to change the fact or the goal structures. We discuss rule use in a later section. 399 STRUCTURED OBJECT REPRESENTATIONS 9.43. PROCEDURAL ATTACHMENT In some applications, we can associate computer programs with the slots of delineations. Executing these programs, for properly instantiated arguments, produces slotvalues for instances of the delineation. Suppose, just as a simple example, that we wanted to use a unit-based system to multiply two numbers. One method is to provide such a system with a large set of facts such as: Ml self: (element-ofMULTIPLICA TIONS) mulîiplicandl : 1 multiplicand! : 1 product : 1 M2 self: ( element-of MOLTIPLICA TIONS ) multiplicandl : 1 multiplicand! : 2 product: 2 etc. These units are a way of encoding a multiplication table. When we want to know the product of two numbers, 3 and 6, we query the system with the goal unit: z multiplicandl : 3 multiplicand! : 6 product: x This goal would match some stored fact unit having a slot "product : 18." 400 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS Rather than store all the required facts explicitly, we could provide a computer program, say, TIMES and "attach" it to the delineation of MULTIPLICATIONS, thus: x | MOLTIPLICA T10NS multiplicand I : ( element-of N UM ERA LS) multiplicand!', (element-ofNUMERALS) product : TIMES[multiplicand! (JC ),multiplicand! (x)] Delineation units with attached procedures are used just as ordinary delineation units. Procedures occurring in substitutions are executed as soon as their instantiations permit. To illustrate how all of this might work, suppose again that we want to find the product of 3 and 6. First, we introduce as a fact unit the existence of the multiplication situation for which we want an answer: M self: (element-ofMULTIPLICA TIONS) multiplicand! : 3 multiplicand! : 6 Next, we pose the goal unit: M product: y When we attempt a match between goal M and fact M, the matcher uses the delineation for multiplications to allow fact M to inherit the "product" slot. This process produces the substitution (TIMES(3,6)/)>}. The correct answer is then obtained by executing the TIMES program. A completely analogous example could have been given using the network formalism. 9.4.4. UNIT RULES Some implicational statements are not easily interpreted as expressing information solely about members of a set. For these, we introduce the concept of a unit rule having an antecedent and a consequent. The 401 STRUCTURED OBJECT REPRESENTATIONS antecedent (ANTE) and consequent (CONSE) are lists of units (possibly containing variables). When a unit rule is used in the forward direction, if all of the units in the ANTE (regarded as goal units) are matched by fact units, then the units in the CONSE (properly instan­ tiated) can be added to the set of fact units. (When ANTE units are regarded as goals, their variables are, of course, existential.) If some of the added fact units already exist, the addition operation need only involve adding those properties mentioned in the CONSE units. This usage is consistent with how implications were used in the rule-based deduction systems of chapter 6. When a unit rule is used in the backward direction against a single goal unit, one of the CONSE units (regarded as a fact unit) must match the goal unit. (When CONSE units are regarded as facts, their variables are universal.) If the match succeeds, the units in the ANTE (properly instantiated) are set up as subgoal units. A backward unit rule applied to a (conjunctive) set of goal units is a slightly more complex operation; the process is analogous to the methods discussed in chapter 6 involving AND/OR graphs and substitution consistency tests. For simplicity of explanation in this chapter, we confine ourselves to examples that do not require these added mechanisms. We'll next show some simple examples of the use of unit rules. The reader might like to refer to our information retrieval example using personnel data in chapter 6. There we had the rule: Rl : MANAGER(x,y)=> WORKS-IN(x.y) Expressed in the predicate calculus system being used in this part of the book, this rule becomes: {EL(x,DEPARTMENTS) A EQ [ manager (x), y ]} => EQ [ works-in (y ), x ] Using our syntax for unit rules, we would express this rule as follows: Rl ANTE: x self: (element-of DEPARTMENTS) manager: y 402 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS CON SE: y works-in : x Another rule used in our personnel problem example was: R2: [ WORKS-IN (x,y) A MANAGER(x,z)]^> BOSS-OF(y.z) Restated, this piece of information might be represented as: { EQ [ works-in (y ), x ] A EQ [ manager ( x ), z ]} =>EQ[boss-of(j),z] As a unit rule, we might represent it as follows: R2 ANTE: y works-in : x x manager: z CON SE: y boss-of: z A variety of implications can be represented by unit rules of this kind. These rules, in turn, can be used as production rules for manipulating fact and goal units in deduction systems. Earlier, we spoke of the fact that there are often many different ways of representing the same knowledge. Complex systems might not limit themselves to one alternative; thus there is a need to be able to translate freely among them. Consider the example in Figure 9.12. There we showed two alternatives for representing "John Jones is married to Sally Jones." The equivalence between these forms might be represented as follows: EQ[y,wife-of{x)] = (3z){ EL(z,MARRIAGE-EVENTS) A EQ[x,male(z)] A EQ[y,female(z)]} (Here, we use a wff of the form Wl = W2 as an abbreviation for [W1^W2]A[W2^>W1 ].) Using the "left-to-right" implication, we 403 STRUCTURED OBJECT REPRESENTATIONS have an existential variable within the scope of two universals. Skole- mizing yields: EQ[y,wife-of(x)]=ï{EL[m(x,y), M ARRI AGE-EVENTS] Λ EQ[x,male(m(x,y))] AEQ[y,female(m(x,y))]} We represent this implication as the following unit rule: R-M ANTE.x wife-of: y CON SE: m(x,y) self: {element-of MARRIAGE-EVENTS) male: x female: y To use this rule in the forward direction, we match the ANTE to a fact unit and then create a new constant unit corresponding to the instan­ tiated unit in the CON SE. The simplicity of the unit syntax makes representing implications that are much more complex than those we have used in our examples awkward. Even with this limitation, the formalism that has been developed so far is quite useful for a wide variety of problems. 9.4.5. NET RULES Earlier we mentioned the use of enclosures to represent network implications. These implications can be used as forward or backward rules in semantic network-based production systems. For example, the implication: {EL(x,DEPARTMENTS) Λ EQ[manager(x),y]} => EQ [ works-in (y ), x ] might be represented by the network structure shown in Figure 9.26. To use a network implication as a forward rule, the ANTE structure (regarded as a goal) must match existing network fact structures. The 404 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS V works-in J ^^ .**' CONSE Fig. 9.26 Representing an implication. M ARRI A GE-E VENTS EL\ male rife-of ) Y m{x,y) ANTE Q-\ female ^ CONSE Fig. 9.27 A network implication with a S kolem function. 405 STRUCTURED OBJECT REPRESENTATIONS CON SE structure (appropriately instantiated) can then be added to the fact network. To use a network implication as a backward rule, the CON SE structure (regarded as a fact) must match the goal structure. Then, the ANTE structure (appropriately instantiated) is the subgoal produced by the rule application. Again, the situation is more complex (involving AND/OR graphs and substitution consistency testing) when the goal structure is first broken into component structures, and when these are matched individually by rule CON SE structures. As a more complex example we show, in Figure 9.27, the network version of an implication used earlier: EQ[y,wife-of(x)]^> { EL [m( x, y ), MA RRIA GEE VENTS ] A EQ[x,male(m(x,y))] A EQ[y,female(m(x 9y))]} The node labeled m(x,y) is a Skolem function node. Every forward application of the rule in Figure 9.27 creates a newly instantiated m(x,y ) node. 9.4.6. APPENDING ADVICE TO DELINEATIONS In order to minimize combinatorial difficulties, rule applications must be guided by an intelligent control strategy. One way to specify useful control information is to add advice about rule applications to delinea­ tions. We mention two forms for such advice: the "to-fiH" form, and the "when-filled" form. The former gives advice about which rules should be used in the backward direction when attempting to match existential variables in goals. The latter gives advice about which rules should be used in the forward direction to create new fact units. As an illustration of the use of such advice, consider the rules Rl and R2 used above in our personnel data example. We repeat these rules here for convenience: Rl ANTE: x self: (element-ofDEPARTMENTS) manager: y 406 DEDUCTIVE OPERATIONS ON STRUCTURED OBJECTS CONSE: y works-in : x R2 ANTE: y works-in : x x manager: z CON SE. y boss-of: z The following delineations contain advice about when to use these rules: REMPLOYEES boss-of\ (element-of EMPLOYEES) <to-fill: R2> works-in: (element-of DEPARTMENTS) r\ DEPARTMENTS manager : ( element-of EM PL O YE E S ) <when-filled: Rl> The notation <to-fill : R2> in u | EMPLO YEES states that whenever a goal has a 60^-0/slotvalue that is a variable, rule R2 should be used in the backward direction (when there is no direct match against a fact unit). The notation <when-filled: Rl> in r\ DEPARTMENTS states that whenever a fact unit whose self slot contains "(element-of DEPART­ MENTS)" and whose manager slot has a value, rule Rl should be used. Suppose we have the fact units: JOE-SMITH self: (element-ofEMPLOYEES) works-in: P-D 407 STRUCTURED OBJECT REPRESENTATIONS P-D self: (element-of DEPARTMENTS) manager: JOHN-JONES When the second of these is asserted, a check of the delineation r\ DEPARTMENTS indicates that rule Rl should be applied in the forward direction. This application produces the fact unit: JOHN-JONES works-in : P-D Suppose we want to ask "Who is Joe Smith's boss?" This query is represented by the goal unit: JOE-SMITH boss-of: u An attempt at a direct match against fact unit JOE-SMITH fails; but one of the delineations, containing the boss-of slot, advises the system to use rule R2 in the backward direction; and doing so produces the subgoal units: JOE-SMITH works-in : x x manager: u The first of these can be matched against fact JOE-SMITH, to produce the substitution {P-D/x }. The instantiated second subgoal unit can then be matched against fact P-D, to produce the substitution {JOHN- JONES/u }, which contains the answer to our original query. 9.5. DEFAULTS AND CONTRADICTORY INFORMATION Many descriptive statements of the form "All xs have property P" must be regarded as only approximately true. Perhaps most xs do have property P, but typically we will come across exceptions. Examples of 408 DEFAULTS AND CONTRADICTORY INFORMATION these kinds of exceptions abound: All birds can fly (except ostriches); all insects have six legs (except juveniles like caterpillars); all lemons are yellow (except unripe green ones or mutant orange ones); etc. It appears that many general synthetic (as opposed to analytic or definitional) statements that we might make about the world are incorrect unless qualified. Furthermore these qualifications probably are so numerous that the formalism would become unmanageable if we attempted to include them all explicitly. Is there a way around this difficulty that would still preserve the simplicity of a predicate-calculus language? One approach to preserving simplicity is to allow implicit exceptions to the domain of universal quantification in certain implicational state­ ments. Thus, the statement "All elephants are gray" might initially be given without listing any exceptions. Such a statement would allow us to deduce that Clyde is gray when we learn that Clyde is an elephant. Later, if we learn that Clyde is actually white, we must retract our deduction about his grayness and change the universal statement about elephants so that it excludes Clyde. After making this change, it is no longer possible to deduce erroneous conclusions about Clyde's color. The way in which the matcher uses property inheritance provides an automatic mechanism for dealing with exceptions like Clyde's being white. The matcher uses inheritance to deduce a property of an object from a delineation of its class only if specific information about the property ofthat object is lacking. Suppose, for example, that we want to know the color of Clyde. Such a query might be stated as the following goal unit: CLYDE color : x To answer this query, we first attempt a direct match with a fact unit. Suppose we have a fact unit describing Clyde: CLYDE self: (element-of ELEPHANTS) color: WHITE In this case, the match substitution is { WHITE/x}, and WHITE is our answer. 409 STRUCTURED OBJECT REPRESENTATIONS If our fact unit states only that Clyde is an elephant, the matcher automatically uses the delineation of ELEPHANTS to answer our query. Such a delineation might be as follows: y\ELEPHANTS color: GRAY This scheme, of countermanding general information by conflicting specific information, can be extended to several hierarchical levels. For example, we might have the following delineation for MAMMALS'. u\ MAMMALS texture: FUZZY Now, in order to avoid deducing that elephants are fuzzy, we need only include with the ELEPHANTS delineation a property such as "texture : WRINKLED." Clyde, however, may be a fuzzy elephant, and this property can be added to the unit CL YD E to override the ELEPHANTS delineation. (The hierarchy may contain several such property reversals.) For such a scheme to work, the use of delineations to deduce properties needs always to proceed from the most specific to the more general. With this built-in ordering on matching and retrieval processes, information at the more specific levels protects the system from making possibly contradictory deductions based on higher level delineations. It is as if the universal quantifiers of delineations specifically exclude, from their domains, all of the more specific objects that would contradict the delineation. Schemes of this sort do have certain problems, however. Suppose, for example, that an object in the taxonomic hierarchy belongs to two different sets and that the delineations of these sets are contradictory. We show a network example in Figure 9.28. In this figure, we do not show an explicit color arc for CLYDE, but CLYDE inherits contradictory color values [assuming that ~EQ(GRA Y, WHITE)]. A possible way to deal with this problem is to indicate something about the quality of each arc or slot in a delineation. In our example, if the color arc in the ALBINOS delineation were to dominate the color arc in the ELEPHANTS delineation, then we would always attempt to inherit the color value from the ALBINOS delineation first. 410 DEFAULTS AND CONTRADICTORY INFORMATION We can indicate that the arc or slot of a delineation is of low priority by marking it as a default. Default delineations can be used only if there is no other way to derive the needed information. In general, though, we need an ordering on the default markers. If both of the delineations in Figure 9.28 were marked simply as defaults, for example, we would be at an impasse: We could prove that Clyde was gray only if we could not prove that he was any other color. However, we could prove that he was another color, namely, white, if we could not prove that he was any other color. And so on. We must also be careful when we use default delineations as forward rule applications, because then we risk adding objects to the fact database that contradict existing or subsequent specific facts. The forward use of delineations must be coupled with "truth maintenance" techniques to ensure that contradictory facts (and facts that might be derived from them) are either purged or otherwise inactivated. Fig. 9.28 A net with contradictory delineations. 411 STRUCTURED OBJECT REPRESENTATIONS 9.6. BIBLIOGRAPHICAL AND HISTORICAL REMARKS Structured object representations are related to frames (no relation to the frame problem) proposed by Minsky (1975); scripts proposed by Schank and Abelson (1977); and beta-structures proposed by Moore and Newell (1973). Bobrow et al. (1977) implemented a system called GUS which used a frame-like representation. Roberts and Goldstein (1977) implemented a simple frame language called FRL, and Goldstein and Roberts (1979) describe a system for automatic scheduling written in FRL. Stefik (1979) and Friedland (1979) describe a frame-based repre­ sentation used by a computer system for planning experiments in molecular genetics. KRL-0 and KRL-7 are frame-based knowledge representation lan­ guages developed by Bobrow and Winograd (1977a). [See also Bobrow and Winograd (1977b), Lehnert and Wilks (1979), and Bobrow and Winograd (1979) for discussion and criticisms of KRL] Winograd (1975) presents a readable discussion of some of the advantages of frame-based representations. Hayes (1977,1979) discusses the relationships between predicate logic and frame-based representations. Our treatment of structured objects in this chapter, stressing relationships with the predicate calculus, leans toward Hayes' point of view. Converting to binary predicates is discussed by Deliyanni and Kowalski (1979c). Work on semantic networks stems from many sources. In cognitive psychology, Quillian (1968), Anderson and Bower (1973), and Rumel- hart and Norman (1975) have all proposed memory models based on networks. In computer science, Raphael's (1968) SIR system is based on networks of property lists; Winston (1975) used networks for represent­ing and learning information about configurations of blocks; and Simmons (1973) discusses the uses of networks in natural language processing. Woods (1975) discusses some of the logical inadequacies of early semantic networks. It is interesting that Frege's (1879) original symbolism for the predicate calculus involved two-dimensional dia­ grams. Several semantic network "languages" have now been proposed that have the full expressive power of predicate calculus. Shapiro's (1979a) 412 BIBLIOGRAPHICAL AND HISTORICAL REMARKS SNePS system, Hendrix's (1975b, 1979)partitionedsemantic network for­ malism and Schubert's (1976) [see also Schubert, Goebel and Cercone (1979)] network formalism are examples. Papers in the volume edited by Findler (1979) describe several different types of semantic networks. The semantic network formalism described in this chapter seems to capture the main ideas of those that use binary predicates. Example applications of semantic networks include natural language processing [Walker (1978, Section 3)], database management [Mylo-poulos et al. (1975)], and computer representation of geological (ore- prospecting) knowledge [Duda et al. (1978a)]. We base much of our discussion about matching network goal structures against network fact structures on a matcher developed by Fikes and Hendrix (1977) and, partially, on ideas of Moore (1975a). Various mechanisms for inheritance of properties in unit systems or in net formalisms have been suggested as approaches to what some have called the symbol-mapping problem. This problem is discussed at length in two issues of the SIGART newsletter. [See McDermott (1975a,b), Bundy and Stone (1975), Fahlman (1975), and Moore (1975b).] Fahlman (1979) recommends using special-purpose hardware to solve the set intersection problems required to perform property inheritance efficiently. Representing and using default information is discussed by Bobrow and Winograd (1977a) and by Reiter (1978). Attempts to formalize inferences of the form assume X unless ~X can be proved have led to non-monotonic logics. McDermott and Doyle (1980) discuss the history of these attempts, propose a specific formalism of their own, and prove its soundness and completeness. "Maintaining" databases by purging or modifying derived expressions, as appropriate, in response to changes in the truth values of primitive expressions, is discussed by Doyle (1979). Stallman and Sussman's (1977) system for reasoning about circuits uses a "truth-maintenance" scheme to make backtracking more efficient. Other complex representational schemes, related to those discussed in this chapter, have been proposed by Martin (1978), Schank and Abelson (1977), Srinivasan (1977), and Sridharan (1978). 413 STRUCTURED OBJECT REPRESENTATIONS EXERCISES 9.1 Represent the situation of Figure 7.1 as a semantic network and represent the STRIPS rule pickup(x) as a production rule for changing networks. Explain how the rule pickup(2?) is tested for applicability and how it changes the network representation of Figure 7.1. 9.2 The predicate D (x,y ) is intended to mean that sets x and y have an empty intersection. Explain how this predicate might be used to label arcs in a semantic network. Illustrate by an example. Can you think of any other useful arc predicates? 9.3 Represent the following sentences as semantic network delinea­ tions: (a) All men are mortal. (b) Every cloud has a silver lining. (c) All roads lead to Rome. (d) All branch managers of G-TEK participate in a profit-sharing plan. (e) All blocks that are on top of blocks that have been moved have also been moved. 9.4 Use EL and SS predicates to rewrite each of the following wffs as a binary-predicate wff. Rewrite them also as sets of units and as semantic networks. (a) [ON(C,A)A ONTABLE(A)A ONTABLE(B) A HANDEMPTY A CLEAR(B) A CLEAR(C)] (b) [DOG(FIDO) A -BARKS(FIDO) A WAGS-TAIL(FIDO) A MEOWS (MYRTLE)] (c) (Vx)HOLDS[clear(x\do[trans(x,y,z),s]] 414 EXERCISES 9.5 Represent the major ideas about search techniques in a semantic network taxonomic hierarchy. (Search techniques might first be divided into uninformed ones and heuristic ones, for example.) Include a delineation for each set represented in your network. 415 PROSPECTUS We have seen in this book that generalized production systems (especially those that process expressions in the first-order predicate calculus) play a fundamental role in Artificial Intelligence. The organi­ zation and control of AI production systems and the ways in which these systems are used to solve several varieties of problems have been discussed in some detail. Lest the reader imagine that all of these details—the formalisms and the mathematical and empirical results— constitute an already mature engineering discipline routinely supporting extensive applications, we attempt here a perspective on the entire AI enterprise and point out several areas where further research is needed. In fact, we might say that our present knowledge of the mechanisms of intelligence consists of small islands in a large ocean of speculation, hope, and ignorance. The viewpoint presented in this book is just one window on the core ideas of AI. The specialist will also want to be familiar with AI programming languages such as LISP and AI programming techniques. We have not attempted to discuss these topics in this book, but there are other books that concentrate on just these subjects [see Winston (1977); Shapiro (1979); and Charniak, Riesbeck, and McDermott (1979)]. Serious students of AI will also want to be familiar with a variety of large-scale AI applications. We have cited many of these in the bibliographical remarks sections of this book. In this prospectus, we give brief descriptions of problem areas that seem to be very important for future progress in AL Some work has already been done on most of these problems, but results are typically tentative, controversial, or limited. We organize these problems into three main categories. The first category concerns novel AI system architectures and the challenges of parallel and distributed processing. The second category deals with the problems of knowledge acquisition and learning. Last, there are the problems concerned with the adequacy of AI processes and representational formalisms for dealing with topics such as knowledge, goals, beliefs, plans, and self-reference. 417 PROSPECTUS 10.1. AI SYSTEM ARCHITECTURES 10.1.1. MEMORY ORGANIZATION One of the most important design questions facing the implementer of AI systems concerns how to structure the knowledge base of facts and rules so that appropriate items can be efficiently accessed. Several techniques have been suggested. The QA3 resolution theorem-proving system [Green (1969b)] partitioned its list of clauses into an active list and a secondary storage list. Clauses were brought from the secondary list into the active list only if no resolutions were possible within the active list. The PLANNER-like AI languages generally had special methods for storing and accessing expressions. McDermott (1975c) describes the special indexing features used by many of these languages. The discrimi­ nation net used by QA4 [Rulifson, Derksen, and Waldinger (1972)] is an example of such a feature. Probably the most important aspect of the frame-like representations (unit systems and semantic networks) is their built-in mechanisms for indexing. Indeed, the authors of KRL [Bobrow and Winograd (1977a)] speak specifically of permitting system designers to organize memory into those chunks that are most appropriate for the specific task at hand. We can expect that work will continue along these lines as systems are developed that must use the equivalent of hundreds of thousands of facts and rules. 10.1.2. PARALLEL AND DISTRIBUTED SYSTEMS Our discussion of AI production systems was based on the tacit assumption of a single serial processor that applied one rule at a time to a database. Yet, there are several ways in which our production systems could be extended to utilize parallel processing. First, some of the primitive operations of the system could be performed by parallel hardware. For example, Fahlman (1979) has suggested a parallel system for performing the set intersections needed for efficient property inheri­ tance computations. Second, in tentative control regimes, a system capable of parallel processing could apply several rules simultaneously rather than back­ tracking or developing a search tree one node at a time. If the number of 418 AI SYSTEM ARCHITECTURES successors to be generated exceeds the number of parallel rule-applica­ tion modules, the control system must attempt to apportion the available rule-application modules as efficiently as possible. Third, in decomposable production systems, parallel processors could be assigned to each component database, and these processors (and their descendants) could work independently until all databases were pro­ cessed to termination. These three methods of using parallelism do not alter the basic production-system paradigm for AI systems presented in this book; they merely involve implementing this paradigm with parallel processing. A third use of parallelism involves an expansion of the ideas presented here. One could imagine a large community of more-or-less independent systems. (Each of these systems could be a production system or a system of some different style, with internal processes either serial or parallel.) The systems communicate among themselves in order to solve problems cooperatively. If each of the component systems is relatively simple, the communication protocols and the procedures for control and cooperation must be specified in rather precise detail by the designer of the community. The augmented Petri nets of Zisman (1978) and the actor formalism of Hewitt (1977) seem to be examples of this type. [See also Hewitt and Baker (1977) and Kornfeld (1979).] On the other hand, if each of the systems is itself a complex AI system, then the situation is analogous to a society of humans or other higher animals who must plan their own communication and cooperation strategies. We have little experience with complexes of interacting AI systems, but the work of Lesser and Erman (1979), Lesser and Corkill (1979), and of Corkill (1979) are steps in that direction. Related work by Smith (1978, 1979) also involves networks of cooperating problem-solving components. Crane (1978) treats analogies between parallel computer systems and human societies in a provocative manner. 10.2· KNOWLEDGE ACQUISITION Formalizing knowledge and implementing knowledge bases are major tasks in the construction of large AI systems. The hundreds of rules and thousands of facts required by many of these systems are generally obtained by interviewing experts in the domain of application. Repre­senting expert knowledge as facts or rules (or as expressions in any other 419 PROSPECTUS formalism) is typically a tedious and time-consuming process. Tech­ niques for automating this knowledge acquisition process would consti­tute a major advance in AI technology. We shall briefly discuss three ways in which knowledge acquisition might be automated. First, special editing systems might be built that allow persons who possess expert knowledge about the domain of application (but who are not themselves computer programmers) to interact directly with the knowledge bases of AI systems. Second, advances in natural language processing techniques will allow humans to instruct and teach computer systems through ordinary conversations (augmented, perhaps, with diagrams and other nontextual material). Third, AI systems might learn important knowledge directly from their experiences in their problem domains. Virtually all large AI systems must have a knowledge base editing system of some sort to facilitate the processes of adding, deleting, and changing facts and rules as the systems evolve. Davis (1976) designed a system called TEIRESIAS that allowed physicians to interact directly with the knowledge base of the MYCIN medical diagnosis system. Friedland (1979) reports on a representation system that contains expert knowledge about molecular genetics; a key feature of this system is its family of editors for interacting with the knowledge base. Duda et al. (1979) describes a knowledge-base editing system for the PROSPEC­TOR system. As systems of these kinds become capable of conversing with their designers in natural language, knowledge entry and modifica­ tion processes will become much more efficient. One must remember, however, that computer systems will be incapable of truly flexible dialogues about representations and the concepts to be used in these representations until designers are able to give these systems useful meta-knowledge about representations themselves. Unfortunately, we do not even have a very clear outline yet of a general theory of knowledge representation. It has often been hoped that the knowledge acquisition task could be eased somewhat by automatic learning mechanisms built into AI systems. Humans and other animals seem to have impressive capacities for learning from experience. Indeed, some early work in AI was based on the strategy of constructing intelligent machines that could learn how to perform tasks. There are, of course, several varieties of learning. Almost any change to an AI system, such as the entry of a single new fact, the addition of a new 420 KNOWLEDGE ACQUISITION component to a control strategy, or a profound reorganization of system architecture, might be called an instance of learning. Furthermore, these changes might be caused either directly by a programmer (design changes) or indirectly through conversation with a human or other system (teaching) or through response to experience in an environment (adaptive learning). Evolutionary design changes already play an impor­ tant role in the development of AI systems. Some work has also been done on developing techniques for teaching AI systems. Strategies for adaptive learning, however, have so far met with only limited success. It can be expected that all of these varieties of learning will be important in future AI systems. The subject is an important area for AI research. Early work in adaptive learning concentrated on systems for pattern classification [Nilsson (1965)] and for game playing [Samuel (1959, 1967)]. This work involved automatic adjustment of the parameters of simple classification and evaluation functions. Winston (1975) developed a system that could learn reasonably complex predicates for category membership; as with many learning systems, efficiency depended strongly on appropriately sequenced experiences. Mitchell (1979) and Dietterich and Michalski (1979) give good discussions of their own and other approaches to the problem of concept learning and induction. Some efforts have also been made to save the results of AI computa­ tions (such as proofs of theorems and robot plans) in a form that permits their use in later problems. For example, Fikes, Hart, and Nilsson (1972b) proposed a method for generalizing and saving triangle tables so that they could be used as macro-operators in the construction of more complex plans. One of the most powerful ways of using learned or remembered material involves the ability to recognize analogies between current problems and those previously encountered. An early program by Evans (1968) was able to solve geometric analogy problems of the sort found in standard intelligence tests. Kling (1971) used an analogy-based method to improve the efficiency of a theorem-proving system. Ulrich and Moll (1977) describe a system that uses analogies in program synthesis. Winston (1979) describes a theory (accompanied by a program) about the use of analogy in learning, and McDermott (1979) discusses how a program might learn analogies. A system described by Vere (1978) is able to learn STRI PS-like rules by observing state descriptions before and after actions that modify them. 421 PROSPECTUS Buchanan and Mitchell (1978) describe a process for learning the production rules used by the DENDRAL chemical-structure computing system. A report by Soloway (1978) describes a system that learns some of the rules of baseball by observing the (simulated) actions of players. Last, we might mention the AM system of Lenat (1976) that uses a stock of simple, primitive concepts in mathematics and discovers concepts (such as prime numbers). 10.3. REPRESENTATIONAL FORMALISMS The example problems that we have considered in this book demon­ strate that the first-order predicate calculus can be used to represent much of the knowledge needed by AI systems. There are varieties of knowledge, however, that humans routinely use in solving problems and in interacting with other humans that present certain difficulties for first-order logic in particular and for AI systems in general. Examples include knowledge that is uncertain or indefinite in various ways, commonsense knowledge about cause and effect, knowledge about plans and processes, knowledge about the beliefs, knowledge, and goals of ourselves and others, and knowledge about knowledge. McCarthy (1977) discusses these and other epistemologicalproblems of AI. Some workers have concluded that logical formalisms are fundamen­ tally inadequate to deal with these sorts of concepts and that some radically different representational schemes will have to be invented [see, for example, Winograd (1980b)]. Citing previous successes of formal methods, others maintain that certain augmentations of first-order logic, or suitably complex theories represented in first-order logic, or perhaps more complex logical formalisms will ultimately prove adequate to capture the knowledge and processes used in human-like reasoning. 103.1. COMMONSENSE REASONING Many of the existing ideas about AI techniques have been refined on "toy" problems, such as problems in the "blocks world," in which the necessary knowledge is reasonably easy to formalize. AI applications in more difficult domains such as medicine, geology, and chemistry require 422 REPRESENTATIONAL FORMALISMS extensive effort devoted to formalizing the appropriate knowledge. Hayes (1978a) and others have argued that AI researchers should now begin an attempt to formalize fundamental "commonsense knowledge about the everyday physical world: about objects; shape; space; move­ ment; substances (solids and liquids); time, etc." Hayes (1978b) has begun this task with an essay about the formalization of the properties of liquids. Kuipers (1978,1979) describes a system for modeling common- sense knowledge of space. Formalizing commonsense physics must be distinguished from the rather precise mathematical models of the physics of solids, liquids and gases. The latter are probably too cumbersome to support commonsense reasoning about physical events. (McCarthy argues, for example, that people most likely do not—even unconsciously—perform complex hydrodynamic simulation computations in order to decide whether or not to move in order to avoid getting burned by a spilled cup of hot coffee.) Formalizing commonsense physics is important because many appli­ cations require reasoning about space, materials, time, etc. Also, much of the content of natural language expressions is about the physical world; certainly many metaphors have a physical basis. Indeed, in order to make full use of analogical reasoning, AI systems will need a thorough, even if somewhat inexact, understanding of simple physics. Much commonsense reasoning (and even technical reasoning) is inexact in the sense that the conclusions and the facts and rules on which it is based are only approximately true. Yet, people are able to use uncertain facts and rules to arrive at useful conclusions about everyday subjects or about specialized subjects such as medicine. A basic charac­ teristic of such approximate reasoning seems to be that a conclusion carries more conviction if it is independently supported by two or more separate arguments. We have previously cited the work of Shortliffe (1976) on MYCIN and of Duda, Hart, and Nilsson (1976) on PROSPECTOR and referred to their related methods for dealing with uncertain rules and facts. Their techniques have various shortcomings, however, especially when the facts and rules are not independent; furthermore, it is not clear that the MYCIN/PROSPECTOR methods can easily be extended to rules and facts containing quantified variables. 423 PROSPECTUS Collins (1978) stresses the importance of meta-knowledge in plausible reasoning. (We discuss the subject of meta-knowledge below.) Zadeh (1979) invokes the ideas of fuzzy sets to deal with problems of approx­ imate reasoning. The work on default reasoning and non-monotonic logic, cited at the end of chapter 9, offers additional approaches to plausible reasoning. Another important component of commonsense reasoning is the ability to reason about actions, processes and plans. To do so, we first need ways of representing these concepts. In the bibliographic remarks sections of chapters 7 and 8, we cited several sources relevant to the problem of modeling actions and plans. In addition to these, we might mention the work of Moore (1979) who combines a technique for reasoning about actions with one for reasoning about knowledge (see below). The interaction between action and knowledge has not been discussed in this book (and, indeed, has not yet been adequately explored in AI). Yet, this interaction is quite fundamental because actions typically change the state of knowledge of the actor, and because knowledge about the world is necessary in order to perform actions. Hendrix (1975a; 1979, pp. 76ff) discusses the use of semantic networks for representing processes. Grosz (1977) and Robinson (1978) use structures similar to procedural nets [Sacerdoti (1977)] to help interpret natural language statements occurring in a dialogue with a user who is participating in a process. Schank and Abelson (1977) propose structures for representing processes and plans for use in natural language understanding applications. Schmidt, Sridharan, and Goodson (1978) propose techniques for recognizing plans and goals of actors from their actions. All of these efforts are contributing to our ability to formal­ize—and thus ultimately to build systems that can reason about—plans, actions, and processes. 103.2. REPRESENTING PROPOSITIONAL ATTITUDES Certain verbs, such as know, believe, want, ana fear, can be used to express a relation between an agent and ^proposition, as illustrated by the following examples: Sam knows that Pete is a lawyer. Sam doesn't believe that John is a doctor. Pete wants it to rain. (Or, Pete wants that it be raining.) John fears that Sam believes that the morning star is not Venus. 424 REPRESENTATIONAL FORMALISMS The italicized portions of these sentences are propositions, and the relations know, believe, etc., refer to attitudes of agents toward these propositions. Thus, know, believe, etc., are called propositional attitudes. A logical formalism for expressing propositional attitudes must have a way of expressing the appropriate relations between agents and attitudes. It is well known that there are several difficulties in developing such a logical formalism. One difficulty is the problem of referential transpar­ ency. From the statements John believes Santa Claus brought him presents at Christmas and John's father is Santa Claus, we would not want to be able to deduce the statement John believes John's father brought him presents at Christmas. These problems have been discussed by logicians for several years, and various solutions have been proposed [see, for example, the essays in Linsky (1971)]. Moore (1977, 1979) discusses the problems of formalizing proposi­ tional attitudes for AI applications. He points out several difficulties with straightforward approaches and shows how a modal logic with a possible worlds semantics can be used to overcome these difficulties for the attitude know. He then proceeds to show how this approach can be embedded in first order logic so that the usual sorts of AI theorem-prov­ ing systems can be used to reason about knowledge. (As we mentioned earlier, Moore also links his logic of knowledge with a logic of actions.) Several other approaches have also been suggested. McCarthy (1979) proposes that concepts of domain entities be added to the domain of discourse and shows how a first-order formulation involving these concepts avoids some of the standard difficulties. Creary (1979) extends this notion. Elschlager (1979) considers the problem of consistency of knowledge statements in formulations that treat concepts as domain entities. Although formalizations for propositional attitudes have largely been the concern of logicians, the problem is fundamental to future advances in AI. Natural language communication between humans seems to depend on the ability of the participants to make inferences about each others' beliefs, and we should expect that natural language understand­ ing systems will require similar abilities. Also, when two or more AI systems cooperate to solve problems, they will need to be able to reason about each others' goals, knowledge, and beliefs. Cohen (1978) discusses how a system can plan to affect the state of knowledge of another system by speech acts. Much more work along these lines needs to be done. 425 PROSPECTUS 103.3. METAKNOWLEDGE A good solution to the problem of reasoning about the knowledge of others ought also to confer the ability to reason about one's own knowledge. We would like to be able to build systems that know or can deduce whether or not they know facts and rules about certain subjects without having to scan their large knowledge bases searching for these items. We would also like systems to have knowledge about when and how to use other knowledge. As mentioned in the bibliographic remarks section of chapter 6, various researchers have suggested that systems containing meta-rules be used to control production systems. Collins (1978) has suggested that meta-knowledge would be useful in deducing object knowledge. For example: Since I would know it if Henry Kissinger were three meters tall, and since I don't know that he is, he isn't. Meta-level reasoning is also an easy way to solve many problems. Bundy et al. (1979) and Weyhrauch (1980) illustrate this principle applied to solving equations. Two elegant arrangements of systems and metasystems are LCF [Cohn (1979)] and FOL [Weyhrauch (1979)]. Weyhrauch stresses the ability of FOL to refer to itself while avoiding problems of circularity. Self-refer­ ence has been a haunting but illusive theme in Artificial Intelligence research. For an interesting book about problems of self-reference in logic, music, and art, see Hofstadter (1979). The matters that we have briefly discussed in this prospectus are now the subjects of intense AI research activity. Empirical explorations and new research results can be expected to challenge and expand the AI paradigms and formalisms that have proved useful for organizing past results. In this book, we have used certain organizing ideas—such as generalized production systems, the language of the predicate calculus, and heuristic search—to make our story just a bit simpler and more memorable. We cannot now tell whether new results will fold in easily to the existing story or whether they will require the invention of new themes or a completely new plot. That is how science and technology progress. Whatever the new results, we do know, however, that their description will be as important as their invention in order that we (and machines) will be able to understand them. 426 KNOWLEDGE ACQUISITION B c X ////////////////////////// 427 BIBLIOGRAPHY MNEMONICS FOR SYMPOSIA, PROCEEDINGS, AND SPECIAL COLLECTIONS COLLECTED WORKS AHT Elithorn, A., and Jones, D. (Eds.) 1973. Artificial And Human Thinking. San Francisco: Jossey-Bass. AIHP Findler, N. V., and Meltzer, B. (Eds.) 1971. Artificial Intelligence and Heuristic Programming. New York: American Elsevier. AI-MIT Winston, P. H., and Brown, R. H. (Eds.) 1979. Artificial Intelligence: An MIT Perspective (2 vols.). Cambridge, MA: MIT Press. AN Findler, N. V. (Ed.) 1979. Associative Networks—The Representa­ tion and Use of Knowledge in Computers. New York: Academic Press. CT Feigenbaum, E., and Feldman, J. (Eds.) 1963. Computers and Thought. New York: McGraw-Hill. CVS Hanson, A. R., and Riseman, E. M. (Eds.) 1978. Computer Vision Systems. New York: Academic Press. KBS Davis, R., and Lenat, D. 1980. Knowledge-Based Systems in Artifi­ cial Intelligence. New York: McGraw-Hill. In press. 429 BIBLIOGRAPHY Mil Collins, N. L., and Michie, D. (Eds.) 1967. Machine Intelligence 1. Edinburgh: Edinburgh University Press. MI2 Dale, E., and Michie, D. (Eds.) 1968. Machine Intelligence 2. Edinburgh: Edinburgh University Press. MB Michie, D. (Ed.) 1968. Machine Intelligence 3. Edinburgh: Edin­ burgh University Press. MI4 Meltzer, B., and Michie, D. (Eds.) 1969. Machine Intelligence 4. Edinburgh: Edinburgh University Press. MI5 Meltzer, B., and Michie, D. (Eds.) 1970. Machine Intelligence 5. Edinburgh: Edinburgh University Press. MI6 Meltzer, B., and Michie, D. (Eds.) 1971. Machine Intelligence 6. Edinburgh: Edinburgh University Press. Mil Meltzer, B., and Michie, D. (Eds.) 1972. Machine Intelligence 7. Edinburgh: Edinburgh University Press. MIS Elcock E., and Michie, D. (Eds.) 1977. Machine Intelligence 8: Machine Representations of Knowledge. Chichester: Ellis Horwood. MI9 Hayes, J. E., Michie, D., and Mikulich, L. I. (Eds.) 1979. Machine Intelligence 9: Machine Expertise and the Human Interface. Chi­ chester: Ellis Horwood. PCV Winston, P. H. (Ed.) 1975. The Psychology of Computer Vision. New York: McGraw-Hill. 430 PDIS Waterman, D., and Hayes-Roth, F. (Eds.) 1978. Pattern-Directed Inference Systems. New York: Academic Press. RDST Wegner, P. (Ed.) 1979. Research Directions in Software Technology. Cambridge, MA: MIT Press. RM Simon, H. A., and Siklóssy, L. (Eds.) 1972. Representation and Meaning: Experiments with Information Processing Systems. Engle- wood Cliffs, NJ: Prentice-Hall. Bobrow, D. G., and Collins, A. (Eds.) 1975. Representation and Understanding. New York: Academic Press. SIP Minsky, M. (Ed.) 1968. Semantic Information Processing. Cam­ bridge, MA: MIT Press. TANPS Banerji, R., and Mesarovic, M. D. (Eds.) 1970. Theoretical Ap­ proaches to Non-Numerical Problem Solving. Berlin: Springer- Verlag. 431 BIBLIOGRAPHY PROCEEDINGS IJCAI-1 Walker, D. E., and Norton, L. M. (Eds.) 1969. International Joint Conference on Artificial Intelligence. Washington, D.C.; May. IJCAI-2 1971. Advance Papers, Second International Joint Conference on Artificial Intelligence. London: The British Computer Society; September. (Xerographic or microfilm copies available from Xerox University Microfilms, 300 North Zeeb Rd., Ann Arbor, MI, 48106; or from University Microfilms Ltd., St. John's Rd., Tylers Green, Penn., Buckinghamshire HP 10 8HR, England.) IJCAI-3 1973. Advance Papers, Third International Joint Conference on Artificial Intelligence. Stanford, CA; August. (Copies available from Artificial Intelligence Center, SRI International, Inc., Menlo Park, CA, 94025.) IJCAI-4 1975. Advance Papers of the Fourth International Joint Conference on Artificial Intelligence (2 vols.). Tbilisi, Georgia, USSR; Sep­ tember. (Copies available from IJCAI-4, MIT AI Laboratory, 545 Technology Sq., Cambridge, MA, 02139.) IJCAI-5 1977. Proceedings of the 5th International Joint Conference on Artificial Intelligence (2 vols.). Massachusetts Institute of Technol­ ogy, Cambridge, MA; August. (Copies available from IJCAI-77, Dept. of Computer Science, Carnegie-Mellon University, Pitts­ burgh, PA, 15213.) IJCAI-6 1979. Proceedings of the Sixth International Joint Conference on Artificial Intelligence (2 vols.). Tokyo; August. (Copies available from IJCAI-79, Computer Science Dept., Stanford University, Stanford, CA 94305.) 432 PA SC 1974. Proceedings of the AI SB Summer Conference. (Copies avail­ able from Dept. of Artificial Intelligence, University of Edinburgh, Hope Park Sq., Edinburgh, EH8 9NW, Scotland.) PCAI 1978. Proceedings of the AISB/GI Conference on Artificial Intelli­ gence. Hamburg; July. (Copies available from Dept. of Artificial Intelligence, University of Edinburgh, Hope Park Sq., Edinburgh, EH8 9NW, Scotland.) SCAISB-76 1976. Conference Proceedings, Summer Conference on Artificial Intelligence and Simulation of Behavior. Department of Artificial Intelligence, University of Edinburgh; July. (Copies available from Dept. of Artificial Intelligence, University of Edinburgh, Hope Park Sq., Edinburgh, EH8 9NW, Scotland.) TIN LAP-1 Nash-Webber, B., and Schank, R. (Eds.) 1975. Proceedings of Theoretical Issues in Natural Language Processing. Cambridge, MA; June. TIN LAP-2 Waltz, D. (Ed.) 1978. Proceedings ofTINLAP-2: Theoretical Issues in Natural Language Processing—2. University of Illinois; July. 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Two views of data semantics: a survey of data models in artificial intelligence and database manage­ ment. Information, 15(3), 344-383. Woods, W. 1975. What's in a link: foundations for semantic networks. In RU 9 pp. 35-82. Woods, W., et al. 1976. Speech Understanding Systems: Final Technical Progress Report. (5 vols.), BBN No. 3438. Cambridge, MA: Bolt, Beranek and Newman. Zadeh, L. 1979. A theory of approximate reasoning. In M1-9. Zisman, M. D. 1978. Use of production systems for modeling asynchronous, concurrent processes. In PDIS, pp. 53-68. 465 AUTHOR INDEX Abelson, R. P., 412, 413, 424 Abraham, R. G., 13 Agin, G. J., 15 Aho, A. V., 14 Allen, J., 16, 189 Amarel, S.,49, 127 Ambler, A. P., 13 Anderson, J., 412 Athans, M., 49 Baker, H., 419 Ball, W., 50 Ballantyne, A. M., 13 Banerji, R., 431 Barr, A., 11 Barrow, H., 15 Barstow, D., 14, 269 Baudet, G. M., 128 Baumert, L., 50 Bellman, R., 95 Berliner, H. J., 127, 128 Bernstein, M. I., 11 Bibel, W., 268 Biermann, A. W., 14 Binford, T. O., 13 Black, F., 316 Bledsoe, W. W., 13, 267, 268, 269 Bobrow, D. G., 50, 270, 315, 412, 413, 418, 431 Boden, M. A., 11 Bower, G., 412 Boyer, R. S., 13, 189 Brown, J. S., 15 Brown, R. H., 429 Bruell, P., 13, 269 Buchanan, B. G., 12, 422 Bundy, A., 11,413,426 Cassinis, R., 14 Cercone, N. J., 413 Chandra, A. K., 96 Chang, C L., 13, 127, 156, 189, 208, 268 Charniak, E.,267, 270, 417 Codd, E. F., 12 Cohen, H., 11 Cohen, P. R., 316, 425 Cohn, A., 426 Coleman, R., 95 Collins, A., 424, 426, 431 Collins, N. L., 430 Constable, R., 14 Corkill, D. D., 419 Cox, P. T., 268 Crane, H. D., 419 Creary, L. G., 425 Dale, E., 430 Date, C. J., 12 Davis, M., 156 Davis, R., 12,49,269,420,429 Dawson, C, 316 de Kleer, J., 269 Deliyani, A., 412 Derksen, J. A., 267, 315, 418 Dietterich, T. G., 421 Dijkstra, E. W., 95 Dixon, J. K., 96, 128 Doran, J., 90, 95,96 Doyle, J., 413 Dreussi, J., 357 Dreyfus, S., 95 Duda, R. O., 12, 15, 268, 413, 420, 423 Dudeney, H., 50 Edwards, D., 128 Ehrig, H., 49 Elcock, E.,430 Elithorn, A., 429 Elschlager, R., 425 Erman, L. D., 419 Ernst, G. W., 316 Evans, T. G., 421 Fahlman, S. E., 315, 413, 418 Fateman, R. J., 12 Feigenbaum, E. A., 11, 12, 15, 50, 429 Feldman, J. A., 358 Feldman, Julian, 15, 429 Fikes, R. E., 315, 316, 358, 413, 421 467 AUTHOR INDEX Findler, N. V., 413, 429 Fishman, D. H., 189 Floyd, R. W., 14 Frege, G., 412 Friedland, P., 412, 420 Friedman, D. P., 16 Gallaire, H., 12,269 Galler, B.,48 Gardner, M., 50 Gaschnig, J., 94 Gelernter, H. L., 13, 15 Gelperin, D., 95 Genesereth, M. R., 12 Goebel, R. G., 413 Goldstein, I. P., 412 Goldstine, H. H., 14 Golomb, S., 50 Goodson, J. L., 424 Green, C. C, 14, 189, 269, 308, 316, 418 Grossman, D., 14 Grosz, B. J., 11,424 Guard, J., 189 Hall, P. A. V., 127 Hammer, M., 14, 269 Hanson, A. R., 15,429 Harris, L. R., 95, 128 Hart, P. E., 15, 95, 268, 316, 358, 421, 423 Hart, T., 128 Hayes, J. E., 430 Hayes, P. J., 156, 246, 269, 270, 315, 316, 412, 423 Hayes-Roth, F., 49, 431 Held, M.,50 Hendrix, G. G., 316, 412, 413, 424 Hewitt, C, 267, 270,419 Hillier, F. S., 14,50 Hinxman, A. I., 127 Hofstadter, D. R., 426 Hopcroft, J. E., 14,50 Horowitz, E., 94 Hunt, E. B., 10 Jackson, P. C, Jr., 10, 96 Jones, D., 429 Joyner, W. H., Jr., 433 Radane, J. B., 95 Kanade, T., 15 Kanal, L. N., 96 Karp, R. M.,50 King, J., 49 Klahr, P.,268 Klatt, D. H., 11 Kling, R. E.,421 Knuth, D. E., 128 Kornfeld, W. A., 419 Kowalski, R., 127, 156, 189, 268, 269, 270,311,316,412 Krishnan, S., 15 Kuehner, D. G., 156, 189 Kuipers, B., 423 Latombe, J. C, 15 Lauriere, J. L., 14 Lee, R. C. T., 13, 14, 156, 189, 269 Lehnert, W., 412 Lenat, D. B., 422,429 Lesser, V. R., 419 Levi, G., 127 Levin, M., 128 Levitt, K. N., 268 Levy, D., 128 Lieberman, G. J., 14, 50 Lin, S., 50 Lindsay, P. H., 11 Lindstrom, G., 128 Linsky, L., 425 London, P., 357 London, R. L., 14 Loveland, D. W., 13, 156, 189, 268 Lowerre, B. T., 96 Luckham, D. C, 13, 156, 189, 268 McCarthy, J., 13, 14, 315, 316, 422, 423, 425 McCharen, J. D., 13, 189 McCorduck, P., 11 McDermott, D. V., 267, 413, 417, 418 McDermott, J., 421 Mack worth, A. K., 94 McSkimin, J. R., 189 Manna, Z., 14, 156, 253,269 Markov, A., 48 Marr, D., 11, 15 Martelli, A., 95, 106, 127 Martin, W. A., 12,413 Maslov, S. J., 156 Medress, M. F., 11 Meltzer, B., 429, 430 Mendelson, E., 156 Mesarovic, M. D., 431 Michalski, R. S., 421 Michie, D., 11, 67, 90, 95, 96, 127, 430 Mikulich, L. I.,430 Minker, J., 12, 127, 189, 269 Minsky, M., 412, 431 468 Mitchell, T. M., 421, 422 Moll, R., 421 Montanari, U., 94, 96, 106, 127 Moore, E. F., 95 Moore, J., 412 Moore, J S., 13 Moore, R. C, 267, 268, 413, 424, 425 Moore, R. W., 128 Moses, J., 50 Mylopoulos, J., 269, 413 Nash-Webber, B., 433 Naur, P., 14 Nevins, A. J., 268 Nevins, J. L., 13 Newborn, M., 128 Newell, A., 11, 13, 48, 95, 127, 128, 316, 412 Nilsson, N.J., 10, 11, 49, 95, 127, 156, 185, 268, 270, 315, 316, 358, 421,423 Nitzan, D., 13 Norman, D. A., 11, 412 Norton, L. M., 432 Okhotsimski, D. E., 14 Ouchi, G. I., 15 Paterson, M. S., 156 Pereira, L. M., 269 Perlis, A., 48 Pitrat, J., 128 Pohl, L, 95 Pople, H. E., Jr., 12 Pospesel, H., 156 Post, E., 48 Pratt, V. R., 270 Prawitz, D., 156 Putnam, H., 156 Ouillian, M. R., 412 Raphael, B., 11, 13, 50, 95, 270, 315, 412 Raulefs, P., 156 Reddy, D. R., 11 Reiter, R., 189,268, 413 Rich, C, 14 Rieger, C, 357 Riesbeck, C, 413 Riseman, E. M., 15, 429 Robbin, J., 156 Roberts, R. B., 412 Robinson, A. E., 424 Robinson, J. A., 13, 156 Rosen, B. K., 49 Rosen, C. A., 13 Ross, R., 67, 95 Roussel, P., 269 Rubin, S., 96 Rulifson, J. F., 267, 315, 418 Rumelhart, D. E., 412 Rustin, R., 11 Ruth, G., 14,269 Rychener, M. D., 48 Sacerdoti, E. D., 270, 340, 349, 357, 424 Sahni, S., 94 Samuel, A. L., 128, 421 Schank, R. C, 412, 413, 424, 433 Schmidt, C. F., 424 Schreiber, J., 268 Schubert, L. K., 413 Shannon, C. E., 127 Shapiro, S., 412, 417 Shaw, J., 13,95, 127, 128,316 Shirai, Y., 15 Shortliffe, E. H., 12,268,423 Shostak, R., 269 Shrobe, H. E., 14 Sibert, E. E., 127 Sickel, S.,208, 268 Siklóssy, L.,316, 357, 431 Simmons, R. F., 412 Simon, H. A., 11, 13, 14, 48, 49, 95, 127, 128, 316, 431 Sirovich, F., 127 Slagle, J. R., 10, 45, 49, 50, 96, 127, 128, 208, 268 Smith, R. G., 419 Smullyan, R. M., 50 Soloway, E. M., 422 Sproull, R. F., 358 Sridharan, N. S., 413, 424 Srinivasan, C. V., 413 Stallman, R. M., 12, 413 Stefik, M., 412 Stickel, M. E., 268 Stockman, G., 127 Stone, M., 413 Sussman, G. J., 12, 15, 267, 270, 357, 413 Takeyasu, K., 14 Tate, A., 357, 358 Tenenbaum, J. M., 15 Turing, A. M., 14 Tyson, M., 268, 269 AUTHOR INDEX Ullman, J. D., 14, 50 Ulrich, J. W.,421 van Emden, M. H., 269 van Vaalen, J., 268 vanderBrug, G. J., 95, 127 Vere, S. A., 421 von Neumann, J., 14 Wagner, H., 14, 50 Waldinger, R. J., 14, 156, 253, 267, 269, 315, 316, 357, 418 Walker, D. E., 11, 413, 432 Waltz, D., 12,94,433 Warren, D. H. D., 269, 357 Waterman, D., 49, 431 Wegman, M. N., 156 Wegner, P., 431 Weiss, S. M., 12 Weissman, C, 16 Weyhrauch, R., 189, 229, 268, 269, 426 Whitney, D. E., 14 Wickelgren, W. A., 50 Wiederhold, G., 12 Wilkins, D., 128,268 Wilks, Y., 412 Will, P., 14 Winker, S., 13 Winograd, T., 11, 267, 270, 412, 413, 418, 422 Winston, P. H., 11, 13, 15, 412, 417, 421,429,430 Wipke, W. T., 15 Wong, H. K. T., 269 Woods, W., 11, 412 Wos, L. A., 13 Zadeh, L., 424 Zanon, G., 189 Zisman, M. D., 419 470 SUBJECT INDEX A*: admissibility of, 76-79 definition of, 76 optimality of, 79-81 properties of, 76-84 references for, 95 Abstract individuals, 389-391 ABSTRIPS, 350-354, 357 Actions, reasoning about, 307-315, 424 Actor formalism, 419 Add list, of STRIPS rules, 278 Adders, in DCOMP, 336 Admissibility, of search algorithms, 76 Advice, added to delineations, 406-408 AI languages, 261 references for, 267, 270, 417, 418 Alpha-beta procedure, for games, 121- 126 efficiency of, 125-126 references for, 127 Alphabetic variant, 141 AM, 422 Amending plans, 342-349 Analogies, 317-318, 421 Ancestor node, in graphs, (see Graph notation) Ancestry-filtered form strategy, in resolution, 171 AND/OR form: for fact expressions, 196-199 for goal expressions, 213-215 AND/OR graphs and trees: definition of, 40-41, 99-100 references for, 49, 127 for representing fact expressions, 197- 199 for representing goal expressions, 213-215 for robot problem solving, 333 AND nodes, in AND/OR graphs, 40, - 99-100 Answer extraction, in resolution, 175 Skolem functions in, 184 references for, 189 Answer statements: in resolution, 176 in rule-based systems, 212 Antecedent, of an implication, 135 AO*: definition of, 104-105 references for, 127 Applications of AI, 2-9, 11-15 Atomic formulas, in predicate calculus, 132 Attachment, procedural, 173-174, 232, 234, 400-401 Automatic programming, 5-6 by DCOMP, 348-349 references for, 14, 269 by resolution, 191 by RSTRIPS, 331-333 by rule-based systems, 241-253 by STRIPS, 305-307 Automation, industrial, 13-14 B-rules: definition of, 34 for robot problems, 287-292 for rule-based deduction systems, 214- 215 Backed-up values, in game trees, 116 Backtracking control strategies: algorithms for, 55-57, 59 definition of, 24-25 examples of, 25-26, 57-58, 60-61 references for, 50, 94 Backward production systems, 32-34 for robot problem solving, 287-296 for theorem proving, 212 Bag, 229 Base set, of clauses, 163 Beliefs, reasoning about, 424-425 Beta-structures, 412 Bidirectional production systems, 32-34 Bidirectional search, 88-90 Blackboard systems (see Production systems) Blocks world, 152-155, 275 471 SUBJECT INDEX Branching factor, of search processes, 92-94 Breadth-first search, 69-71 Breadth-first strategy, in resolution, 165-166 CANCEL relation, in theorem proving, 254-257, 270 Candidate solution graph, 217-218, 254 Checker-playing programs, references for, 128 Chess-playing programs, references for, 128 Church-Rosser theorems, 49 Clauses, 145 conversion to, 146-149 for goals, 214 CLOSED node, 64 Combinatorial explosion, 6-7 Combinatorial problems, 6-7, 14 Commonsense physics, 423 Commonsense reasoning, 154, 422-424 Commutative production systems: definition of, 35 relation with decomposable systems, 109-112, 127 Completeness: of inference rules, 144 of resolution refutation strategies, 165 Complexity of heuristic search, 95 Computation by deduction, 241-246, 269-270 Computer-based consulting systems, 4, 12 Conditional plans, 318-319 Conditional rule application, 259, 265- 267 Conditional substitutions, 239, 252, 269 Conjunctions, 134 Conjunctive goals: in deductions, 213 in robot problem solving, 297 {Also see Interacting goals) Conjunctive normal form, 148 Connection graphs, 219-222, 268 Connectives, in predicate calculus, 134- 135 Connectors, in AND/OR graphs, 100 CONNIVER, 261, 267 Consequent, of an implication, 135 Consistency restriction, in heuristic search, 95 Consistency, of substitutions, 207-208, 218-219, 268 Constraint satisfaction, references for, 94 Contradiction, proof by {see Refutations) Contradictory information, 408-411 Contrapositive rules, 258 Control knowledge, definition, 48 Control strategy: backtracking, 24-26, 55-57 for decomposable systems, 39-41, 103- 109 for game-playing systems, 112-126 graph-search, 22, 25, 27, 64-68 irrevocable, 21-24 of a production system, 17-18, 21-27 for resolution refutations, 164-172 for rule-based deduction systems, 217- 222, 257-260 for STRIPS, 302-303 tentative, 21-22, 24-27 Costs, of arcs and paths in graphs {see Graph notation) Criticality values of preconditions, 351 DCOMP, 333 Debugging, as a planning strategy, 357 Declarative knowledge, definition, 48 Decomposable production systems: algorithm for, 39 control of, 39-41 definition of, 37-38 examples of, 41-47 relation with commutative systems, 109-112, 127 Deduction {see Theorem proving) Deductive operations on structured objects, 387 Defaults, 408-411 Delete list, of STRIPS rules, 278 Deleters, in DCOMP, 335-336 Delineations, of structured objects, 387- 391 DeMorgan's laws, 138 DENDRAL, 12, 41-44, 50, 422 Depth, in graphs, {see Graph notation) Depth bound, definition, 56-57 Depth-first search, 68-70 Derivation graphs, 110, 164 Descendant node {see Graph notation) Differences, in GPS, 303-305 Disjunctions, 134 Distributed AI systems, 419 Double cross, in robot planning, 349 Dynamic programming, 95 8-puzzle: breadth- and depth-first searches of, 68-71 472 description of, 18-20 heuristic search of, 73-74, 85-87 references for, 50 representation of, 18-20 8-queens problem, 6, 57-58, 60-61 Enclosures, in networks, 373-378 Epistemologica! problems, 422-426 Equivalence, of wffs, 138-139 Errors, effects of in heuristic search, 95 Evaluation, of predicates, 173-174 Evaluation functions: for commutative systems, 112 definition of, 72-73 for derivation graphs, 112 examples of, 73, 85 for games, 115-117 Execution, of robot plans, 284-287 Expanding nodes (see Graph notation) Expert systems, 4, 12 F-rules: definition of, 34 for robot problem solving, 277-279 for rule-based deduction systems, 199- 203, 206 Fact node, 215 Fact object, 379 Facts, in rule-based deduction systems, 195 FOL, 426 Forward robot problem-solving system, 281-282 Forward rule-based deduction system, 196 Frame axioms or assertions, 310 Frame problem, 279-280 Frames, 8-9, 412 (Also see Semantic networks and Units) FRL, 412 Game-tree search, 112-126 references for, 127-128 Global database of a production system, 17-18 Goal clauses, 214 Goal descriptions, 276-277 Goal-directed invocation, 260 Goal node, in rule-based systems, 204, 210 (Also see Graph notation) Goal object, 379 Goal stack, in STRIPS, 298 Goal wff, 153, 195 Goals, in rule-based deduction systems, 203-204 interacting, 296-297, 325 GPS, 303-305 Graph notation for AND/OR graphs, 99-103 for ordinary graphs, 62-64 Graph-search control strategies: A*, 76 admissibility of, 76 algorithm for, 64-68 for AND/OR graphs, 103-109 A0*, 104-105 breadth-first, 69-71 definition of, 22, 61-62 depth-first, 68-70 examples of, 25, 27, 28, 66-68, 85-87, 107-109 for game trees, 112-126 heuristic, 72 optimality of, 79-81 references for, 95-96, 127-128 uninformed, 68-71 Grammar, example of, 31-32 Ground instance, 141, 149 Grundy's game, 113-114 GUS, 412 Heuristic function, 76 for AND/OR graphs, 103 Heuristic power, 72, 85-88 Heuristic search, 72 Hierarchical planning, 349-357 Hierarchies, taxonomic, 392 Hill-climbing, 22-23, 49 Hype rares, 100 Hypergraphs, 100 Hypothesize-and-test, 8 Implications, 134-135 Induction, (mathematical) in automatic programming, 247-253 as related to learning, 421 Inequalities, solution of, 229-234, 269 Inference rules, 140 soundness and completeness of, 145 Information retrieval, 3-4, 12, 154, 223- 229, 269 Informedness of search algorithms, 79 Inheritance, of properties, 392-397 Integration, symbolic, 43-47 Interacting goals, 296-297, 325, 333 Interactive partial orders, 336 Interpretations, of predicate calculus wffs, 133-134 Irrevocable control strategy: definition of, 21 examples of, 22-24, 163-164 473 SUBJECT INDEX Kernels, of triangle tables, 284 Knowledge acquisition, 419-422 Knowledge, reasoning about, 424-425 KRL, 412 LAWALY, 357 LCF, 426 Leaf nodes, in AND/OR graphs, 101 Learning, 420-422 Linear-input form strategy in resolution, 169-170 LISP, references for, 16, 417 Literals, 135 Literal nodes, 203 MACSYMA, 12 Match arc, 201, 206 Matching structured objects, 378-386, 397-399 Means-ends analysis, 303-305 Memory organization, of AI systems, 418 Merge, in resolution, 150, 171 Meta-knowledge, 424, 426 (Also see Meta-rules) Meta-rules, 229, 259, 269, 426 Mgu, 142 Minimax search in game trees, 115-121 references for, 127-128 Missionaries-and-cannibals problem, 50- 51 Modal logic, 425 Models, of predicate calculus wffs, 133- 134 Modus ponens, 140 Monkey-and-bananas problem, 318 Monotone restriction, on heuristic functions, 81-84 for AND/OR graphs, 103 Most general unifier, 142 Multiplying out: inefficiency of, 194-195 need for, 237-239 MYCIN, 268, 420, 423 Natural language processing, 2-3, 11-12 Naughts and crosses, 116-121 Negations, 135 Network rules, 404-406 Network, semantic, 370-378 Nim, 129 NOAH, 357, 358 Nonlinear plans, 333, 357 Non-monotonic logics, 413 NP-complete problems, 7, 14 Object-centered representations, 363 OPEN node, 64 Operations research, 14 Optimal paths, in graphs, (see Graph notation) Optimality of search algorithms, 79-81 OR nodes in AND/OR graphs, 41, 99- 100 Ordering strategies, in resolution, 172 references for, 189 Parallel execution of plans, 338-341 Parallel processing, 418-419 Partial models, in logic, 173-174 Partially ordered plans, 333-341 Partitions, in networks, 373-378 Patching plans, 342-349 Paths, in graphs, (see Graph notation) Pattern-directed invocation, 260 Pattern matching, 144, 261-262 P-conditions, 355 Penetrance, 91-94 Perception, 7-9, 15, 96 Performance measures of search algorithms, 91-94 Petri nets, augmented, 419 Plan generation, 275, 321 PLANNER, 261, 267, 270 PLANNER-like languages, 260 references for, 267, 270 Plans, 282 representation of, 282-287 execution of, 284-287 Possible worlds semantics, 425 Precondition: criticality of, 351 postponing, 350, 355 of production rules, 18 of STRIPS rules, 277-278 references for, 156 Prenex form, 147-148 Problem reduction (see Decomposable production systems) Problem states, 19-20 Procedural attachment, 173-174, 232, 234, 400-401 Procedural knowledge, definition, 48 Procedural net, 340 Production rules: based on implications, 195 definition of, 17-18 for semantic networks, 404-406 STRIPS-form, 277-279 for units, 401-404 474 Production systems: algorithm for, 21 backward and bidirectional, 32-34 commutative, 35-37 control strategies for, 17-18, 21-27, 39-41 decomposable, 37-47 definition of, 17-18, 48-49 for resolution refutations, 163-164 for robot problems, 154-155, 281-282 for theorem proving, 152-154, 193 Program synthesis (see Automatic programming) Program verification (see Automatic programming) PROLOG, 246, 269-270, 315, 357 Proof, definition of, 140 Property inheritance, 392-397 Propositional attitudes, 424-425 Propositional calculus, 135 PROSPECTOR, 420, 423 Protection, of goals, 323 violation of, 326 Prototype units, 388, 390 PSI automatic programming system, 14 Puzzles, references for, 50 QA3, 418 OA4, 267, 418 OLISP, 261,270 Quantification, 136-137 in units, 368 in nets, 373 Reasoning: about actions, 307-315, 424 by cases, 204-205, 256 commonsense, 154, 422-424 about knowledge and belief, 424-425 Referential transparency, 425 Refutation tree, 164 Refutations, 161 Regression, 288-292, 321 Representation: examples of, 29-32 of plans, 424 problems of, 27-29, 49 Resolution, 145 within AND/OR graphs, 234-241 for general clauses, 150-152 for ground clauses, 149-150 references for, 156 Resolution refutations, 161 references for, 189 Resolvents, 149, 151 RGR, 237, 268 Robot problems, 152-153, 275, 307-315, 321 Robots, 5, 13-14 Root node (see Graph notation) RSTRIPS, 321 Rule-based systems, 193, 196 (Also see Production systems) Rules (see Production rules) SAINT, 45, 50 Satisfiability, of sets of wffs, 145 Scheduling problems, 6-7, 14 Schemas (see Semantic networks and Units) Scripts, 412 Search graph: definition of, 64-65, 104 Search strategies (see Control strategies) Search tree: definition of, 64-65 example of, 28 Self-reference, 426 Semantics, of predicate calculus wffs, 133-134 Semantic matching, 381 Semantic networks, 370-378 references for, 412-413 Set-of-support strategy, in resolution, 167 Simplification strategies, in resolution, 172-174 Simultaneous unifiers, 268 SIN, 50 SIR, 412 Situation variables, in robot problems, 308 Skolem functions, 146-147 Slots, 364 Slotnames, 364 Slotvalues, 364 Solution graph, in AND/OR graphs, 101-102 candidate, 217-218 SOLVED nodes in AND/OR search graphs, 104-106 Soundness, of inference rules, 145 Speech acts, 316, 425 Speech recognition and understanding, 11, 96 Staged search, 90-91 Standardization of variables, 146, 149 Start node (see Graph notation) State descriptions, 153, 276 State variables, in robot problems, 308 475 SUBJECT INDEX States, of a problem, 19-20 STRIPS, 277, 298 STRIPS-form rules, 277-279 Structured objects, 361 Subgoal, 214 Subgoal node, 214 Subsumption, of clauses, 174 Substitution instances, 141, 144 Substitutions, 140-142 associativity of, 141 composition of, 141 consistency of, 207-208, 218-219, 268 non-commutativity of, 142 unifying composition of, 207-208, 268 Successor node, in graphs (see Graph notation) Symbol mapping, 413 (Also see Property inheritance) Tautologies, 144 elimination of, 173 Taxonomic hierarchies, 392-397 TEIRESIAS, 420 Tentative control strategy, definition of, 21-22 (Also see Backtracking and Graph- search control strategies) Terminal nodes, of AND/OR graphs, 41 Termination condition: of backward, rule-based systems, 215 of forward, rule-based systems, 203, 210 of production systems, 18 of resolution refutation systems, 163 Theorem, definition of, 140 Theorem-proving, 4-5, 13, 153 for robot problem solving, 307-315 by resolution 151-152 by resolution refutations, 161 by rule-based systems, 193 Tic-tac-toe, 116-121 Time and tense, formalization of, 159 Tip nodes, in trees (see Graph notation) Transitivity, 231-232 Traveling salesman problem, 6-7, 29-31, 50 Triangle tables, 282-287, 421 Triggers (see Advice) Truth maintenance, 411, 413 Truth table, 138 Truth values, of predicate calculus wffs, (see Interpretations) Two-handed robot, 338-341 Uncertain knowledge: in deductions, 268, 423-424 in robot planning, 358 UNDERSTAND, 49 Unification, 140-144 algorithm for, 142-143 references for, 156 of structured objects (see Matching) Unification set, in answer extraction, 179 Unifying composition, of substitutions, 207-208, 268 Unit-preference strategy, in resolution, 167-169 Unit rules, 401-404 Units, 361-369 references for, 412 Universal specialization, 140 Validity, of wffs, 144 Vision (see Perception) WARPLAN, 357 Wffs, of the predicate calculus, 131-132 476
AI_RMF_Playbook.pdf
AI RMF AI RMF PLAYBOOK PLAYBOOK Table of Contents GOVERN ................................ ................................ ................................ ................................ ................................ ........... 4 GOVERN 1.1 ................................ ................................ ................................ ................................ ................................ ..................... 4 GOVERN 1.2 ................................ ................................ ................................ ................................ ................................ ..................... 5 GOVERN 1.3 ................................ ................................ ................................ ................................ ................................ ..................... 7 GOVERN 1.4 ................................ ................................ ................................ ................................ ................................ ..................... 9 GOVERN 1.5 ................................ ................................ ................................ ................................ ................................ .................. 11 GOVERN 1.6 ................................ ................................ ................................ ................................ ................................ .................. 12 GOVERN 1.7 ................................ ................................ ................................ ................................ ................................ .................. 13 GOVERN 2.1 ................................ ................................ ................................ ................................ ................................ .................. 15 GOVERN 2.2 ................................ ................................ ................................ ................................ ................................ .................. 17 GOVERN 2.3 ................................ ................................ ................................ ................................ ................................ .................. 18 GOVERN 3.1 ................................ ................................ ................................ ................................ ................................ .................. 19 GOVERN 3.2 ................................ ................................ ................................ ................................ ................................ .................. 21 GOVERN 4.1 ................................ ................................ ................................ ................................ ................................ .................. 23 GOVERN 4.2 ................................ ................................ ................................ ................................ ................................ .................. 24 GOVERN 4.3 ................................ ................................ ................................ ................................ ................................ .................. 27 GOVERN 5.1 ................................ ................................ ................................ ................................ ................................ .................. 28 GOVERN 5.2 ................................ ................................ ................................ ................................ ................................ .................. 30 GOVERN 6.1 ................................ ................................ ................................ ................................ ................................ .................. 32 GOVERN 6.2 ................................ ................................ ................................ ................................ ................................ .................. 33 MANAGE ................................ ................................ ................................ ................................ ................................ ........ 35 MANAGE 1.1 ................................ ................................ ................................ ................................ ................................ ................. 35 MANAGE 1.2 ................................ ................................ ................................ ................................ ................................ ................. 36 MANAGE 1.3 ................................ ................................ ................................ ................................ ................................ ................. 37 MANAGE 1.4 ................................ ................................ ................................ ................................ ................................ ................. 39 MANAGE 2.1 ................................ ................................ ................................ ................................ ................................ ................. 40 MANAGE 2.2 ................................ ................................ ................................ ................................ ................................ ................. 42 MANAGE 2.3 ................................ ................................ ................................ ................................ ................................ ................. 48 MANAGE 2.4 ................................ ................................ ................................ ................................ ................................ ................. 49 MANAGE 3.1 ................................ ................................ ................................ ................................ ................................ ................. 51 MANAGE 3.2 ................................ ................................ ................................ ................................ ................................ ................. 52 MANAGE 4.1 ................................ ................................ ................................ ................................ ................................ ................. 53 MANAGE 4.2 ................................ ................................ ................................ ................................ ................................ ................. 54 MANAGE 4.3 ................................ ................................ ................................ ................................ ................................ ................. 56 MAP ................................ ................................ ................................ ................................ ................................ ................ 58 MAP 1.1................................ ................................ ................................ ................................ ................................ ........................... 58 MAP 1.2................................ ................................ ................................ ................................ ................................ ........................... 62 MAP 1.3................................ ................................ ................................ ................................ ................................ ........................... 63 MAP 1.4................................ ................................ ................................ ................................ ................................ ........................... 65 MAP 1.5................................ ................................ ................................ ................................ ................................ ........................... 66 MAP 1.6................................ ................................ ................................ ................................ ................................ ........................... 68 MAP 2.1................................ ................................ ................................ ................................ ................................ ........................... 70 MAP 2.2................................ ................................ ................................ ................................ ................................ ........................... 71 MAP 2.3................................ ................................ ................................ ................................ ................................ ........................... 74 MAP 3.1................................ ................................ ................................ ................................ ................................ ........................... 77 MAP 3.2................................ ................................ ................................ ................................ ................................ ........................... 79 MAP 3.3................................ ................................ ................................ ................................ ................................ ........................... 80 MAP 3.4................................ ................................ ................................ ................................ ................................ ........................... 82 MAP 3.5................................ ................................ ................................ ................................ ................................ ........................... 84 MAP 4.1................................ ................................ ................................ ................................ ................................ ........................... 86 MAP 4.2................................ ................................ ................................ ................................ ................................ ........................... 88 MAP 5.1................................ ................................ ................................ ................................ ................................ ........................... 89 MAP 5.2................................ ................................ ................................ ................................ ................................ ........................... 90 MEASURE ................................ ................................ ................................ ................................ ................................ ...... 93 MEASURE 1.1 ................................ ................................ ................................ ................................ ................................ ............... 93 MEASURE 1.2 ................................ ................................ ................................ ................................ ................................ ............... 95 MEASURE 1.3 ................................ ................................ ................................ ................................ ................................ ............... 96 MEASURE 2.1 ................................ ................................ ................................ ................................ ................................ ............... 98 MEASURE 2.2 ................................ ................................ ................................ ................................ ................................ ............... 99 MEASURE 2.3 ................................ ................................ ................................ ................................ ................................ ............ 102 MEASURE 2.4 ................................ ................................ ................................ ................................ ................................ ............ 104 MEASURE 2.5 ................................ ................................ ................................ ................................ ................................ ............ 106 MEASURE 2.6 ................................ ................................ ................................ ................................ ................................ ............ 108 MEASURE 2.7 ................................ ................................ ................................ ................................ ................................ ............ 110 MEASURE 2.8 ................................ ................................ ................................ ................................ ................................ ............ 112 MEASURE 2.9 ................................ ................................ ................................ ................................ ................................ ............ 115 MEASURE 2.10 ................................ ................................ ................................ ................................ ................................ ......... 118 MEASURE 2.11 ................................ ................................ ................................ ................................ ................................ ......... 121 MEASURE 2.12 ................................ ................................ ................................ ................................ ................................ ......... 126 MEASURE 2.13 ................................ ................................ ................................ ................................ ................................ ......... 128 MEASURE 3.1 ................................ ................................ ................................ ................................ ................................ ............ 129 MEASURE 3.2 ................................ ................................ ................................ ................................ ................................ ............ 131 MEASURE 3.3 ................................ ................................ ................................ ................................ ................................ ............ 132 MEASURE 4.1 ................................ ................................ ................................ ................................ ................................ ............ 134 MEASURE 4.2 ................................ ................................ ................................ ................................ ................................ ............ 137 MEASURE 4.3 ................................ ................................ ................................ ................................ ................................ ............ 140 The Playbook provides suggested actions for achieving the outcomes laid out in the AI Risk Management Framework (AI RMF) Core (Tables 1 – 4 in AI RMF 1.0). Suggestions are aligned to each sub-category within the four AI RMF functions (Govern, Map, Measure, Manage). The Playbook is neither a checklist nor set of steps to be followed in its entirety. Playbook suggestions are voluntary. Organizations may utilize this information by borrowing as many – or as few – suggestions as apply to their industry use case or interests.About the Playbook Govern Map Measure ManageFORWARD GOVERN 4 of 142 Govern Policies, processes, procedures and practices across the organization related to the mapping, measuring and managing of AI risks are in place, transparent, and implemented effectively. GOVERN 1.1 Legal and regulatory requirements involving AI are understood, managed, and documented. About AI systems may be subject to specific applicable legal and regulatory requirements. Some legal requirements can mandate (e.g., nondiscrimination, data privacy and security controls) documentation, disclosure, and increased AI system transparency. These requirements are complex and may not be applicable or differ across applications and contexts. For example, AI system testing processes for bias measurement, such as disparate impact, are not applied uniformly within the legal context. Disparate impact is broadly defined as a facially neutral policy or practice that disproportionately harms a group based on a protected trait. Notably, some modeling algorithms or debiasing techniques that rely on demographic information, could also come into tension with legal prohibitions on disparate treatment (i.e., intentional discrimination). Additionally, some intended users of AI systems may not have consistent or reliable access to fundamental internet technologies (a phenomenon widely described as the “digital divide”) or may experience difficulties interacting with AI systems due to disabilities or impairments. Such factors may mean different communities experience bias or other negative impacts when trying to access AI systems. Failure to address such design issues may pose legal risks, for example in employment related activities affecting persons with disabilities. Suggested Actions • Maintain awareness of the applicable legal and regulatory considerations and requirements specific to industry, sector, and business purpose, as well as the application context of the deployed AI system. • Align risk management efforts with applicable legal standards. • Maintain policies for training (and re -training) organizational staff about necessary legal or regulatory considerations that may impact AI -related design, development and deployment activities. Transparency & Documentation Organizations can document the following • To what extent has the entity defined and documented the regulatory environment — including minimum requirements in laws and regulations? 5 of 142 • Has the system been reviewed for its compliance to applicable laws, regulations, standards, and guidance? • To what extent has the entity defined and documented the regulatory environment — including applicable requirements in laws and regulations? • Has the system been reviewed for its compliance to relevant applicable laws, regulations, standards, and guidance? AI Transparency Resources GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. References Andrew Smith, "Using Artificial Intelligence and Algorithms," FTC Business Blog (2020). Rebecca Kelly Slaughter, "Algorithms and Economic Justice," ISP Digital Future Whitepaper & YJoLT Special Publication (2021). Patrick Hall, Benjamin Cox, Steven Dickerson, Arjun Ravi Kannan, Raghu Kulkarni, and Nicholas Schmidt, "A United States fair lending perspective on machine learning," Frontiers in Artificial Intelligence 4 (2021). AI Hiring Tools and the Law, Partnership on Employment & Accessible Technology (PEAT, peatworks.org). GOVERN 1.2 The characteristics of trustworthy AI are integrated into organizational policies, processes, and procedures. About Policies, processes, and procedures are central components of effective AI risk management and fundamental to individual and organizational accountability. All stakeholders benefit from policies, processes, and procedures which require preventing harm by design and default. Organizational policies and procedures will vary based on available resources and risk profiles, but can help systematize AI actor roles and responsibilities throughout the AI lifecycle. Without such policies, risk management can be subjective across the organization, and exacerbate rather than minimize risks over time. Policies, or summaries thereof, are understandable to relevant AI actors. Policies reflect an understanding of the underlying metrics, measurements, and tests that are necessary to support policy and AI system design, development, deployment and use. Lack of clear information about responsibilities and chains of command will limit the effectiveness of risk management. Suggested Actions Organizational AI risk management policies should be designed to: 6 of 142 • Define key terms and concepts related to AI systems and the scope of their purposes and intended uses. • Connect AI governance to existing organizational governance and risk controls. • Align to broader data governance policies and practices, particularly the use of sensitive or otherwise risky data. • Detail standards for experimental design, data quality, and model training. • Outline and document risk mapping and measurement processes and standards. • Detail model testing and validation processes. • Detail review processes for legal and risk functions. • Establish the frequency of and detail for monitoring, auditing and review processes. • Outline change management requirements. • Outline processes for internal and external stakeholder engagement. • Establish whistleblower policies to facilitate reporting of serious AI system concerns. • Detail and test incident response plans. • Verify that formal AI risk management policies align to existing legal standards, and industry best practices and norms. • Establish AI risk management policies that broadly align to AI system trustworthy characteristics. • Verify that formal AI risk management policies include currently deployed and third - party AI systems. Transparency & Documentation Organizations can document the following • To what extent do these policies foster public trust and confidence in the use of the AI system? • What policies has the entity developed to ensure the use of the AI system is consistent with its stated values and principles? • What policies and documentation has the entity developed to encourage the use of its AI system as intended? • To what extent are the model outputs consistent with the entity’s values and principles to foster public trust and equity? AI Transparency Resources GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. References Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). GAO, “Artificial Intelligence: An Accountability Framework for Federal Agencies and Other Entities,” GAO@100 (GAO -21-519SP), June 2021. NIST, "U.S. Leadership in AI: A Plan for Federal Engagement in Developing Technical Standards and Related Tools". 7 of 142 Lipton, Zachary and McAuley, Julian and Chouldechova, Alexandra, Does mitigating ML’s impact disparity require treatment disparity? Advances in Neural Information Processing Systems, 2018. Jessica Newman (2023) “A Taxonomy of Trustworthiness for Artificial Intelligence: Connecting Properties of Trustworthiness with Risk Management and the AI Lifecycle,” UC Berkeley Center for Long -Term Cybersecurity. Emily Hadley (2022). Prioritizing Policies for Furthering Responsible Artificial Intelligence in the United States. 2022 IEEE International Conference on Big Data (Big Data), 5029 -5038. SAS Institute, “The SAS® Data Governance Framework: A Blueprint for Success”. ISO, “Information technology — Reference Model of Data Management, “ ISO/IEC TR 10032:200. “Play 5: Create a formal policy,” Partnership on Employment & Accessible Technology (PEAT, peatworks.org). "National Institute of Standards and Technology. (2018). Framework for improving critical infrastructure cybersecurity. Kaitlin R. Boeckl and Naomi B. Lefkovitz. "NIST Privacy Framework: A Tool for Improving Privacy Through Enterprise Risk Management, Version 1.0." National Institute of Standards and Technology (NIST), January 16, 2020. “plainlanguage.gov – Home,” The U.S. Government. GOVERN 1.3 Processes and procedures are in place to determine the needed level of risk management activities based on the organization's risk tolerance. About Risk management resources are finite in any organization. Adequate AI governance policies delineate the mapping, measurement, and prioritization of risks to allocate resources toward the most material issues for an AI system to ensure effective risk management. Policies may specify systematic processes for assigning mapped and measured risks to standardized risk scales. AI risk tolerances range from negligible to critical – from, respectively, almost no risk to risks that can result in irredeemable human, reputational, financial, or environmental losses. Risk tolerance rating policies consider different sources of risk, (e.g., financial, operational, safety and wellbeing, business, reputational, or model risks). A typical risk measurement approach entails the multiplication, or qualitative combination, of measured or estimated impact and likelihood of impacts into a risk score (risk ≈ impact x likelihood). This score is then placed on a risk scale. Scales for risk may be qualitative, such as red - amber -green (RAG), or may entail simulations or econometric approaches. Impact 8 of 142 assessments are a common tool for understanding the severity of mapped risks. In the most fulsome AI risk management approaches, all models are assigned to a risk level. Suggested Actions • Establish policies to define mechanisms for measuring or understanding an AI system’s potential impacts, e.g., via regular impact assessments at key stages in the AI lifecycle, connected to system impacts and frequency of system updates. • Establish policies to define mechanisms for measuring or understanding the likelihood of an AI system’s impacts and their magnitude at key stages in the AI lifecycle. • Establish policies that define assessment scales for measuring potential AI system impact. Scales may be qualitative, such as red -amber -green (RAG), or may entail simulations or econometric approaches. • Establish policies for assigning an overall risk measurement approach for an AI system, or its important components, e.g., via multiplication or combination of a mapped risk’s impact and likelihood (risk ≈ impact x likelihood). • Establish policies to assign systems to uniform risk scales that are valid across the organization’s AI portfolio (e.g. documentation templates), and acknowledge risk tolerance and risk levels may change over the lifecycle of an AI system. Transparency & Documentation Organizations can document the following • How do system performance metrics inform risk tolerance decisions? • What policies has the entity developed to ensure the use of the AI system is consistent with organizational risk tolerance? • How do the entity’s data security and privacy assessments inform risk tolerance decisions? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. References Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). The Office of the Comptroller of the Currency. Enterprise Risk Appetite Statement. (Nov. 20, 2019). Brenda Boultwood, How to Develop an Enterprise Risk -Rating Approach (Aug. 26, 2021). Global Association of Risk Professionals (garp.org). Accessed Jan. 4, 2023. GAO -17-63: Enterprise Risk Management: Selected Agencies’ Experiences Illustrate Good Practices in Managing Risk. 9 of 142 GOVERN 1.4 The risk management process and its outcomes are established through transparent policies, procedures, and other controls based on organizational risk priorities. About Clear policies and procedures relating to documentation and transparency facilitate and enhance efforts to communicate roles and responsibilities for the Map, Measure and Manage functions across the AI lifecycle. Standardized documentation can help organizations systematically integrate AI risk management processes and enhance accountability efforts. For example, by adding their contact information to a work product document, AI actors can improve communication, increase ownership of work products, and potentially enhance consideration of product quality. Documentation may generate downstream benefits related to improved system replicability and robustness. Proper documentation storage and access procedures allow for quick retrieval of critical information during a negative incident. Explainable machine learning efforts (models and explanatory methods) may bolster technical documentation practices by introducing additional information for review and interpretation by AI Actors. Suggested Actions • Establish and regularly review documentation policies that, among others, address information related to: • AI actors contact informations • Business justification • Scope and usages • Expected and potential risks and impacts • Assumptions and limitations • Description and characterization of training data • Algorithmic methodology • Evaluated alternative approaches • Description of output data • Testing and validation results (including explanatory visualizations and information) • Down - and up -stream dependencies • Plans for deployment, monitoring, and change management • Stakeholder engagement plans • Verify documentation policies for AI systems are standardized across the organization and remain current. • Establish policies for a model documentation inventory system and regularly review its completeness, usability, and efficacy. • Establish mechanisms to regularly review the efficacy of risk management processes. • Identify AI actors responsible for evaluating efficacy of risk management processes and approaches, and for course -correction based on results. 10 of 142 • Establish policies and processes regarding public disclosure of the use of AI and risk management material such as impact assessments, audits, model documentation and validation and testing results. • Document and review the use and efficacy of different types of transparency tools and follow industry standards at the time a model is in use. Transparency & Documentation Organizations can document the following • To what extent has the entity clarified the roles, responsibilities, and delegated authorities to relevant stakeholders? • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • How will the appropriate performance metrics, such as accuracy, of the AI be monitored after the AI is deployed? How much distributional shift or model drift from baseline performance is acceptable? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. References Bd. Governors Fed. Rsrv. Sys., Supervisory Guidance on Model Risk Management, SR Letter 11-7 (Apr. 4, 2011). Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). Margaret Mitchell et al., “Model Cards for Model Reporting.” Proceedings of 2019 FATML Conference. Timnit Gebru et al., “Datasheets for Datasets,” Communications of the ACM 64, No. 12, 2021. Emily M. Bender, Batya Friedman, Angelina McMillan -Major (2022). A Guide for Writing Data Statements for Natural Language Processing. University of Washington. Accessed July 14, 2022. M. Arnold, R. K. E. Bellamy, M. Hind, et al. FactSheets: Increasing trust in AI services through supplier’s declarations of conformity. IBM Journal of Research and Development 63, 4/5 (July -September 2019), 6:1 -6:13. Navdeep Gill, Abhishek Mathur, Marcos V. Conde (2022). A Brief Overview of AI Governance for Responsible Machine Learning Systems. ArXiv, abs/2211.13130. John Richards, David Piorkowski, Michael Hind, et al. A Human -Centered Methodology for Creating AI FactSheets. Bulletin of the IEEE Computer Society Technical Committee on Data Engineering. 11 of 142 Christoph Molnar, Interpretable Machine Learning, lulu.com. David A. Broniatowski. 2021. Psychological Foundations of Explainability and Interpretability in Artificial Intelligence. National Institute of Standards and Technology (NIST) IR 8367. National Institute of Standards and Technology, Gaithersburg, MD. OECD (2022), “OECD Framework for the Classification of AI systems”, OECD Digital Economy Papers, No. 323, OECD Publishing, Paris. GOVERN 1.5 Ongoing monitoring and periodic review of the risk management process and its outcomes are planned, organizational roles and responsibilities are clearly defined, including determining the frequency of periodic review. About AI systems are dynamic and may perform in unexpected ways once deployed or after deployment. Continuous monitoring is a risk management process for tracking unexpected issues and performance changes, in real -time or at a specific frequency, across the AI system lifecycle. Incident response and “appeal and override” are commonly used processes in information technology management. These processes enable real -time flagging of potential incidents, and human adjudication of system outcomes. Establishing and maintaining incident response plans can reduce the likelihood of additive impacts during an AI incident. Smaller organizations which may not have fulsome governance programs, can utilize incident response plans for addressing system failures, abuse or misuse. Suggested Actions • Establish policies to allocate appropriate resources and capacity for assessing impacts of AI systems on individuals, communities and society. • Establish policies and procedures for monitoring and addressing AI system performance and trustworthiness, including bias and security problems, across the lifecycle of the system. • Establish policies for AI system incident response, or confirm that existing incident response policies apply to AI systems. • Establish policies to define organizational functions and personnel responsible for AI system monitoring and incident response activities. • Establish mechanisms to enable the sharing of feedback from impacted individuals or communities about negative impacts from AI systems. • Establish mechanisms to provide recourse for impacted individuals or communities to contest problematic AI system outcomes. • Establish opt -out mechanisms. 12 of 142 Transparency & Documentation Organizations can document the following • To what extent does the system/entity consistently measure progress towards stated goals and objectives? • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? • Did your organization address usability problems and test whether user interfaces served their intended purposes? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • WEF Model AI Governance Framework Assessment 2020. References National Institute of Standards and Technology. (2018). Framework for improving critical infrastructure cybersecurity. National Institute of Standards and Technology. (2012). Computer Security Incident Handling Guide. NIST Special Publication 800 -61 Revision 2. GOVERN 1.6 Mechanisms are in place to inventory AI systems and are resourced according to organizational risk priorities. About An AI system inventory is an organized database of artifacts relating to an AI system or model. It may include system documentation, incident response plans, data dictionaries, links to implementation software or source code, names and contact information for relevant AI actors, or other information that may be helpful for model or system maintenance and incident response purposes. AI system inventories also enable a holistic view of organizational AI assets. A serviceable AI system inventory may allow for the quick resolution of: • specific queries for single models, such as “when was this model last refreshed?” • high -level queries across all models, such as, “how many models are currently deployed within our organization?” or “how many users are impacted by our models?” AI system inventories are a common element of traditional model risk management approaches and can provide technical, business and risk management benefits. Typically inventories capture all organizational models or systems, as partial inventories may not provide the value of a full inventory. 13 of 142 Suggested Actions • Establish policies that define the creation and maintenance of AI system inventories. • Establish policies that define a specific individual or team that is responsible for maintaining the inventory. • Establish policies that define which models or systems are inventoried, with preference to inventorying all models or systems, or minimally, to high risk models or systems, or systems deployed in high -stakes settings. • Establish policies that define model or system attributes to be inventoried, e.g, documentation, links to source code, incident response plans, data dictionaries, AI actor contact information. Transparency & Documentation Organizations can document the following • Who is responsible for documenting and maintaining the AI system inventory details? • What processes exist for data generation, acquisition/collection, ingestion, staging/storage, transformations, security, maintenance, and dissemination? • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. References “A risk -based integrity level schema”, in IEEE 1012, IEEE Standard for System, Software, and Hardware Verification and Validation. See Annex B. Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). See “Model Inventory,” pg. 26. VertaAI, “ModelDB: An open -source system for Machine Learning model versioning, metadata, and experiment management.” Accessed Jan. 5, 2023. GOVERN 1.7 Processes and procedures are in place for decommissioning and phasing out of AI systems safely and in a manner that does not increase risks or decrease the organization’s trustworthiness. About Irregular or indiscriminate termination or deletion of models or AI systems may be inappropriate and increase organizational risk. For example, AI systems may be subject to regulatory requirements or implicated in future security or legal investigations. To maintain trust, organizations may consider establishing policies and processes for the systematic and deliberate decommissioning of AI systems. Typically, such policies consider user and 14 of 142 community concerns, risks in dependent and linked systems, and security, legal or regulatory concerns. Decommissioned models or systems may be stored in a model inventory along with active models, for an established length of time. Suggested Actions • Establish policies for decommissioning AI systems. Such policies typically address: • User and community concerns, and reputational risks. • Business continuity and financial risks. • Up and downstream system dependencies. • Regulatory requirements (e.g., data retention). • Potential future legal, regulatory, security or forensic investigations. • Migration to the replacement system, if appropriate. • Establish policies that delineate where and for how long decommissioned systems, models and related artifacts are stored. • Establish practices to track accountability and consider how decommission and other adaptations or changes in system deployment contribute to downstream impacts for individuals, groups and communities. • Establish policies that address ancillary data or artifacts that must be preserved for fulsome understanding or execution of the decommissioned AI system, e.g., predictions, explanations, intermediate input feature representations, usernames and passwords, etc. Transparency & Documentation Organizations can document the following • What processes exist for data generation, acquisition/collection, ingestion, staging/storage, transformations, security, maintenance, and dissemination? • To what extent do these policies foster public trust and confidence in the use of the AI system? • If anyone believes that the AI no longer meets this ethical framework, who will be responsible for receiving the concern and as appropriate investigating and remediating the issue? Do they have authority to modify, limit, or stop the use of the AI? • If it relates to people, were there any ethical review applications/reviews/approvals? (e.g. Institutional Review Board applications) AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • Datasheets for Datasets. 15 of 142 References Michelle De Mooy, Joseph Jerome and Vijay Kasschau, “Should It Stay or Should It Go? The Legal, Policy and Technical Landscape Around Data Deletion,” Center for Democracy and Technology, 2017. Burcu Baykurt, "Algorithmic accountability in US cities: Transparency, impact, and political economy." Big Data & Society 9, no. 2 (2022): 20539517221115426. Upol Ehsan, Ranjit Singh, Jacob Metcalf and Mark O. Riedl. “The Algorithmic Imprint.” Proceedings of the 2022 ACM Conference on Fairness, Accountability, and Transparency (2022). “Information System Decommissioning Guide,” Bureau of Land Management, 2011. GOVERN 2.1 Roles and responsibilities and lines of communication related to mapping, measuring, and managing AI risks are documented and are clear to individuals and teams throughout the organization. About The development of a risk -aware organizational culture starts with defining responsibilities. For example, under some risk management structures, professionals carrying out test and evaluation tasks are independent from AI system developers and report through risk management functions or directly to executives. This kind of structure may help counter implicit biases such as groupthink or sunk cost fallacy and bolster risk management functions, so efforts are not easily bypassed or ignored. Instilling a culture where AI system design and implementation decisions can be questioned and course - corrected by empowered AI actors can enhance organizations’ abilities to anticipate and effectively manage risks before they become ingrained. Suggested Actions • Establish policies that define the AI risk management roles and responsibilities for positions directly and indirectly related to AI systems, including, but not limited to • Boards of directors or advisory committees • Senior management • AI audit functions • Product management • Project management • AI design • AI development • Human -AI interaction • AI testing and evaluation • AI acquisition and procurement 16 of 142 • Impact assessment functions • Oversight functions • Establish policies that promote regular communication among AI actors participating in AI risk management efforts. • Establish policies that separate management of AI system development functions from AI system testing functions, to enable independent course -correction of AI systems. • Establish policies to identify, increase the transparency of, and prevent conflicts of interest in AI risk management efforts. • Establish policies to counteract confirmation bias and market incentives that may hinder AI risk management efforts. • Establish policies that incentivize AI actors to collaborate with existing legal, oversight, compliance, or enterprise risk functions in their AI risk management activities. Transparency & Documentation Organizations can document the following • To what extent has the entity clarified the roles, responsibilities, and delegated authorities to relevant stakeholders? • Who is ultimately responsible for the decisions of the AI and is this person aware of the intended uses and limitations of the analytic? • Are the responsibilities of the personnel involved in the various AI governance processes clearly defined? • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • Did your organization implement accountability -based practices in data management and protection (e.g. the PDPA and OECD Privacy Principles)? AI Transparency Resources • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. References Andrew Smith, “Using Artificial Intelligence and Algorithms,” FTC Business Blog (Apr. 8, 2020). Off. Superintendent Fin. Inst. Canada, Enterprise -Wide Model Risk Management for Deposit - Taking Institutions, E -23 (Sept. 2017). Bd. Governors Fed. Rsrv. Sys., Supervisory Guidance on Model Risk Management, SR Letter 11-7 (Apr. 4, 2011). Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). 17 of 142 ISO, “Information Technology — Artificial Intelligence — Guidelines for AI applications,” ISO/IEC CD 5339. See Section 6, “Stakeholders’ perspectives and AI application framework.” GOVERN 2.2 The organization’s personnel and partners receive AI risk management training to enable them to perform their duties and responsibilities consistent with related policies, procedures, and agreements. About To enhance AI risk management adoption and effectiveness, organizations are encouraged to identify and integrate appropriate training curricula into enterprise learning requirements. Through regular training, AI actors can maintain awareness of: • AI risk management goals and their role in achieving them. • Organizational policies, applicable laws and regulations, and industry best practices and norms. See [MAP 3.4]() and [3.5]() for additional relevant information. Suggested Actions • Establish policies for personnel addressing ongoing education about: • Applicable laws and regulations for AI systems. • Potential negative impacts that may arise from AI systems. • Organizational AI policies. • Trustworthy AI characteristics. • Ensure that trainings are suitable across AI actor sub -groups - for AI actors carrying out technical tasks (e.g., developers, operators, etc.) as compared to AI actors in oversight roles (e.g., legal, compliance, audit, etc.). • Ensure that trainings comprehensively address technical and socio -technical aspects of AI risk management. • Verify that organizational AI policies include mechanisms for internal AI personnel to acknowledge and commit to their roles and responsibilities. • Verify that organizational policies address change management and include mechanisms to communicate and acknowledge substantial AI system changes. • Define paths along internal and external chains of accountability to escalate risk concerns. Transparency & Documentation Organizations can document the following • Are the relevant staff dealing with AI systems properly trained to interpret AI model output and decisions as well as to detect and manage bias in data? 18 of 142 • How does the entity determine the necessary skills and experience needed to design, develop, deploy, assess, and monitor the AI system? • How does the entity assess whether personnel have the necessary skills, training, resources, and domain knowledge to fulfill their assigned responsibilities? • What efforts has the entity undertaken to recruit, develop, and retain a workforce with backgrounds, experience, and perspectives that reflect the community impacted by the AI system? AI Transparency Resources • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. References Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). “Developing Staff Trainings for Equitable AI,” Partnership on Employment & Accessible Technology (PEAT, peatworks.org). GOVERN 2.3 Executive leadership of the organization takes responsibility for decisions about risks associated with AI system development and deployment. About Senior leadership and members of the C -Suite in organizations that maintain an AI portfolio, should maintain awareness of AI risks, affirm the organizational appetite for such risks, and be responsible for managing those risks.. Accountability ensures that a specific team and individual is responsible for AI risk management efforts. Some organizations grant authority and resources (human and budgetary) to a designated officer who ensures adequate performance of the institution’s AI portfolio (e.g. predictive modeling, machine learning). Suggested Actions • Organizational management can: • Declare risk tolerances for developing or using AI systems. • Support AI risk management efforts, and play an active role in such efforts. • Integrate a risk and harm prevention mindset throughout the AI lifecycle as part of organizational culture • Support competent risk management executives. • Delegate the power, resources, and authorization to perform risk management to each appropriate level throughout the management chain. 19 of 142 • Organizations can establish board committees for AI risk management and oversight functions and integrate those functions within the organization’s broader enterprise risk management approaches. Transparency & Documentation Organizations can document the following • Did your organization’s board and/or senior management sponsor, support and participate in your organization’s AI governance? • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • Do AI solutions provide sufficient information to assist the personnel to make an informed decision and take actions accordingly? • To what extent has the entity clarified the roles, responsibilities, and delegated authorities to relevant stakeholders? AI Transparency Resources • WEF Companion to the Model AI Governance Framework - 2020. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. References Bd. Governors Fed. Rsrv. Sys., Supervisory Guidance on Model Risk Management, SR Letter 11-7 (Apr. 4, 2011) Off. Superintendent Fin. Inst. Canada, Enterprise -Wide Model Risk Management for Deposit - Taking Institutions, E -23 (Sept. 2017). GOVERN 3.1 Decision -makings related to mapping, measuring, and managing AI risks throughout the lifecycle is informed by a diverse team (e.g., diversity of demographics, disciplines, experience, expertise, and backgrounds). About A diverse team that includes AI actors with diversity of experience, disciplines, and backgrounds to enhance organizational capacity and capability for anticipating risks is better equipped to carry out risk management. Consultation with external personnel may be necessary when internal teams lack a diverse range of lived experiences or disciplinary expertise. To extend the benefits of diversity, equity, and inclusion to both the users and AI actors, it is recommended that teams are composed of a diverse group of individuals who reflect a range of backgrounds, perspectives and expertise. Without commitment from senior leadership, beneficial aspects of team diversity and inclusion can be overridden by unstated organizational incentives that inadvertently conflict with the broader values of a diverse workforce. 20 of 142 Suggested Actions Organizational management can: • Define policies and hiring practices at the outset that promote interdisciplinary roles, competencies, skills, and capacity for AI efforts. • Define policies and hiring practices that lead to demographic and domain expertise diversity; empower staff with necessary resources and support, and facilitate the contribution of staff feedback and concerns without fear of reprisal. • Establish policies that facilitate inclusivity and the integration of new insights into existing practice. • Seek external expertise to supplement organizational diversity, equity, inclusion, and accessibility where internal expertise is lacking. • Establish policies that incentivize AI actors to collaborate with existing nondiscrimination, accessibility and accommodation, and human resource functions, employee resource group (ERGs), and diversity, equity, inclusion, and accessibility (DEIA) initiatives. Transparency & Documentation Organizations can document the following • Are the relevant staff dealing with AI systems properly trained to interpret AI model output and decisions as well as to detect and manage bias in data? • Entities include diverse perspectives from technical and non -technical communities throughout the AI life cycle to anticipate and mitigate unintended consequences including potential bias and discrimination. • Stakeholder involvement: Include diverse perspectives from a community of stakeholders throughout the AI life cycle to mitigate risks. • Strategies to incorporate diverse perspectives include establishing collaborative processes and multidisciplinary teams that involve subject matter experts in data science, software development, civil liberties, privacy and security, legal counsel, and risk management. • To what extent are the established procedures effective in mitigating bias, inequity, and other concerns resulting from the system? AI Transparency Resources • WEF Model AI Governance Framework Assessment 2020. • Datasheets for Datasets. References Dylan Walsh, “How can human -centered AI fight bias in machines and people?” MIT Sloan Mgmt. Rev., 2021. Michael Li, “To Build Less -Biased AI, Hire a More Diverse Team,” Harvard Bus. Rev., 2020. 21 of 142 Bo Cowgill et al., “Biased Programmers? Or Biased Data? A Field Experiment in Operationalizing AI Ethics,” 2020. Naomi Ellemers, Floortje Rink, “Diversity in work groups,” Current opinion in psychology, vol. 11, pp. 49 –53, 2016. Katrin Talke, Søren Salomo, Alexander Kock, “Top management team diversity and strategic innovation orientation: The relationship and consequences for innovativeness and performance,” Journal of Product Innovation Management, vol. 28, pp. 819 –832, 2011. Sarah Myers West, Meredith Whittaker, and Kate Crawford,, “Discriminating Systems: Gender, Race, and Power in AI,” AI Now Institute, Tech. Rep., 2019. Sina Fazelpour, Maria De -Arteaga, Diversity in sociotechnical machine learning systems. Big Data & Society. January 2022. doi:10.1177/20539517221082027 Mary L. Cummings and Songpo Li, 2021a. Sources of subjectivity in machine learning models. ACM Journal of Data and Information Quality, 13(2), 1 –9 “Staffing for Equitable AI: Roles & Responsibilities,” Partnership on Employment & Accessible Technology (PEAT, peatworks.org). Accessed Jan. 6, 2023. GOVERN 3.2 Policies and procedures are in place to define and differentiate roles and responsibilities for human -AI configurations and oversight of AI systems. About Identifying and managing AI risks and impacts are enhanced when a broad set of perspectives and actors across the AI lifecycle, including technical, legal, compliance, social science, and human factors expertise is engaged. AI actors include those who operate, use, or interact with AI systems for downstream tasks, or monitor AI system performance. Effective risk management efforts include: • clear definitions and differentiation of the various human roles and responsibilities for AI system oversight and governance • recognizing and clarifying differences between AI system overseers and those using or interacting with AI systems. Suggested Actions • Establish policies and procedures that define and differentiate the various human roles and responsibilities when using, interacting with, or monitoring AI systems. • Establish procedures for capturing and tracking risk information related to human -AI configurations and associated outcomes. • Establish policies for the development of proficiency standards for AI actors carrying out system operation tasks and system oversight tasks. 22 of 142 • Establish specified risk management training protocols for AI actors carrying out system operation tasks and system oversight tasks. • Establish policies and procedures regarding AI actor roles, and responsibilities for human oversight of deployed systems. • Establish policies and procedures defining human -AI configurations (configurations where AI systems are explicitly designated and treated as team members in primarily human teams) in relation to organizational risk tolerances, and associated documentation. • Establish policies to enhance the explanation, interpretation, and overall transparency of AI systems. • Establish policies for managing risks regarding known difficulties in human -AI configurations, human -AI teaming, and AI system user experience and user interactions (UI/UX). Transparency & Documentation Organizations can document the following • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? • To what extent has the entity documented the appropriate level of human involvement in AI -augmented decision -making? • How will the accountable human(s) address changes in accuracy and precision due to either an adversary’s attempts to disrupt the AI or unrelated changes in operational/business environment, which may impact the accuracy of the AI? • To what extent has the entity clarified the roles, responsibilities, and delegated authorities to relevant stakeholders? • How does the entity assess whether personnel have the necessary skills, training, resources, and domain knowledge to fulfill their assigned responsibilities? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • WEF Companion to the Model AI Governance Framework - 2020. References Madeleine Clare Elish, "Moral Crumple Zones: Cautionary tales in human -robot interaction," Engaging Science, Technology, and Society, Vol. 5, 2019. “Human -AI Teaming: State -Of-The-Art and Research Needs,” National Academies of Sciences, Engineering, and Medicine, 2022. Ben Green, "The Flaws Of Policies Requiring Human Oversight Of Government Algorithms," Computer Law & Security Review 45 (2022). 23 of 142 David A. Broniatowski. 2021. Psychological Foundations of Explainability and Interpretability in Artificial Intelligence. National Institute of Standards and Technology (NIST) IR 8367. National Institute of Standards and Technology, Gaithersburg, MD. Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). GOVERN 4.1 Organizational policies, and practices are in place to foster a critical thinking and safety -first mindset in the design, development, deployment, and uses of AI systems to minimize negative impacts. About A risk culture and accompanying practices can help organizations effectively triage the most critical risks. Organizations in some industries implement three (or more) “lines of defense,” where separate teams are held accountable for different aspects of the system lifecycle, such as development, risk management, and auditing. While a traditional three - lines approach may be impractical for smaller organizations, leadership can commit to cultivating a strong risk culture through other means. For example, “effective challenge,” is a culture - based practice that encourages critical thinking and questioning of important design and implementation decisions by experts with the authority and stature to make such changes. Red -teaming is another risk measurement and management approach. This practice consists of adversarial testing of AI systems under stress conditions to seek out failure modes or vulnerabilities in the system. Red -teams are composed of external experts or personnel who are independent from internal AI actors. Suggested Actions • Establish policies that require inclusion of oversight functions (legal, compliance, risk management) from the outset of the system design process. • Establish policies that promote effective challenge of AI system design, implementation, and deployment decisions, via mechanisms such as the three lines of defense, model audits, or red -teaming – to minimize workplace risks such as groupthink. • Establish policies that incentivize safety -first mindset and general critical thinking and review at an organizational and procedural level. • Establish whistleblower protections for insiders who report on perceived serious problems with AI systems. • Establish policies to integrate a harm and risk prevention mindset throughout the AI lifecycle. Transparency & Documentation Organizations can document the following • To what extent has the entity documented the AI system’s development, testing methodology, metrics, and performance outcomes? 24 of 142 • Are organizational information sharing practices widely followed and transparent, such that related past failed designs can be avoided? • Are training manuals and other resources for carrying out incident response documented and available? • Are processes for operator reporting of incidents and near -misses documented and available? • How might revealing mismatches between claimed and actual system performance help users understand limitations and anticipate risks and impacts?” AI Transparency Resources • Datasheets for Datasets. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • WEF Model AI Governance Framework Assessment 2020. References Bd. Governors Fed. Rsrv. Sys., Supervisory Guidance on Model Risk Management, SR Letter 11-7 (Apr. 4, 2011) Patrick Hall, Navdeep Gill, and Benjamin Cox, “Responsible Machine Learning,” O’Reilly Media, 2020. Off. Superintendent Fin. Inst. Canada, Enterprise -Wide Model Risk Management for Deposit - Taking Institutions, E -23 (Sept. 2017). GAO, “Artificial Intelligence: An Accountability Framework for Federal Agencies and Other Entities,” GAO@100 (GAO -21-519SP), June 2021. Donald Sull, Stefano Turconi, and Charles Sull, “When It Comes to Culture, Does Your Company Walk the Talk?” MIT Sloan Mgmt. Rev., 2020. Kathy Baxter, AI Ethics Maturity Model, Salesforce. Upol Ehsan, Q. Vera Liao, Samir Passi, Mark O. Riedl, and Hal Daumé. 2024. Seamful XAI: Operationalizing Seamful Design in Explainable AI. Proc. ACM Hum. -Comput. Interact. 8, CSCW1, Article 119. https://doi.org/10.1145/3637396 GOVERN 4.2 Organizational teams document the risks and potential impacts of the AI technology they design, develop, deploy, evaluate and use, and communicate about the impacts more broadly. About Impact assessments are one approach for driving responsible technology development practices. And, within a specific use case, these assessments can provide a high -level structure for organizations to frame risks of a given algorithm or deployment. Impact 25 of 142 assessments can also serve as a mechanism for organizations to articulate risks and generate documentation for managing and oversight activities when harms do arise. Impact assessments may: • be applied at the beginning of a process but also iteratively and regularly since goals and outcomes can evolve over time. • include perspectives from AI actors, including operators, users, and potentially impacted communities (including historically marginalized communities, those with disabilities, and individuals impacted by the digital divide), • assist in “go/no -go” decisions for an AI system. • consider conflicts of interest, or undue influence, related to the organizational team being assessed. See the MAP function playbook guidance for more information relating to impact assessments. Suggested Actions • Establish impact assessment policies and processes for AI systems used by the organization. • Align organizational impact assessment activities with relevant regulatory or legal requirements. • Verify that impact assessment activities are appropriate to evaluate the potential negative impact of a system and how quickly a system changes, and that assessments are applied on a regular basis. • Utilize impact assessments to inform broader evaluations of AI system risk. Transparency & Documentation Organizations can document the following • How has the entity identified and mitigated potential impacts of bias in the data, including inequitable or discriminatory outcomes? • How has the entity documented the AI system’s data provenance, including sources, origins, transformations, augmentations, labels, dependencies, constraints, and metadata? • To what extent has the entity clearly defined technical specifications and requirements for the AI system? • To what extent has the entity documented and communicated the AI system’s development, testing methodology, metrics, and performance outcomes? • Have you documented and explained that machine errors may differ from human errors? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Datasheets for Datasets. 26 of 142 References Dillon Reisman, Jason Schultz, Kate Crawford, Meredith Whittaker, “Algorithmic Impact Assessments: A Practical Framework For Public Agency Accountability,” AI Now Institute, 2018. H.R. 2231, 116th Cong. (2019). BSA The Software Alliance (2021) Confronting Bias: BSA’s Framework to Build Trust in AI. Anthony M. Barrett, Dan Hendrycks, Jessica Newman and Brandie Nonnecke. Actionable Guidance for High -Consequence AI Risk Management: Towards Standards Addressing AI Catastrophic Risks. ArXiv abs/2206.08966 (2022) https://arxiv.org/abs/2206.08966 David Wright, “Making Privacy Impact Assessments More Effective." The Information Society 29, 2013. Konstantinia Charitoudi and Andrew Blyth. A Socio -Technical Approach to Cyber Risk Management and Impact Assessment. Journal of Information Security 4, 1 (2013), 33 -41. Emanuel Moss, Elizabeth Anne Watkins, Ranjit Singh, Madeleine Clare Elish, & Jacob Metcalf. 2021. “Assembling Accountability: Algorithmic Impact Assessment for the Public Interest”. Microsoft. Responsible AI Impact Assessment Template. 2022. Microsoft. Responsible AI Impact Assessment Guide. 2022. Microsoft. Foundations of assessing harm. 2022. Mauritz Kop, “AI Impact Assessment & Code of Conduct,” Futurium, May 2019. Dillon Reisman, Jason Schultz, Kate Crawford, and Meredith Whittaker, “Algorithmic Impact Assessments: A Practical Framework For Public Agency Accountability,” AI Now, Apr. 2018. Andrew D. Selbst, “An Institutional View Of Algorithmic Impact Assessments,” Harvard Journal of Law & Technology, vol. 35, no. 1, 2021 Ada Lovelace Institute. 2022. Algorithmic Impact Assessment: A Case Study in Healthcare. Accessed July 14, 2022. Kathy Baxter, AI Ethics Maturity Model, Salesforce Ravit Dotan, Borhane Blili -Hamelin, Ravi Madhavan, Jeanna Matthews, Joshua Scarpino, & Carol Anderson. (2024). A Flexible Maturity Model for AI Governance Based on the NIST AI Risk Management Framework [Technical Report]. IEEE. https://ieeeusa.org/product/a - flexible -maturity -model -for-ai-governance 27 of 142 GOVERN 4.3 Organizational practices are in place to enable AI testing, identification of incidents, and information sharing. About Identifying AI system limitations, detecting and tracking negative impacts and incidents, and sharing information about these issues with appropriate AI actors will improve risk management. Issues such as concept drift, AI bias and discrimination, shortcut learning or underspecification are difficult to identify using current standard AI testing processes. Organizations can institute in -house use and testing policies and procedures to identify and manage such issues. Efforts can take the form of pre -alpha or pre -beta testing, or deploying internally developed systems or products within the organization. Testing may entail limited and controlled in -house, or publicly available, AI system testbeds, and accessibility of AI system interfaces and outputs. Without policies and procedures that enable consistent testing practices, risk management efforts may be bypassed or ignored, exacerbating risks or leading to inconsistent risk management activities. Information sharing about impacts or incidents detected during testing or deployment can: • draw attention to AI system risks, failures, abuses or misuses, • allow organizations to benefit from insights based on a wide range of AI applications and implementations, and • allow organizations to be more proactive in avoiding known failure modes. Organizations may consider sharing incident information with the AI Incident Database, the AIAAIC, users, impacted communities, or with traditional cyber vulnerability databases, such as the MITRE CVE list. Suggested Actions • Establish policies and procedures to facilitate and equip AI system testing. • Establish organizational commitment to identifying AI system limitations and sharing of insights about limitations within appropriate AI actor groups. • Establish policies for reporting and documenting incident response. • Establish policies and processes regarding public disclosure of incidents and information sharing. • Establish guidelines for incident handling related to AI system risks and performance. Transparency & Documentation Organizations can document the following • Did your organization address usability problems and test whether user interfaces served their intended purposes? Consulting the community or end users at the earliest 28 of 142 stages of development to ensure there is transparency on the technology used and how it is deployed. • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? AI Transparency Resources • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. References Sean McGregor, “Preventing Repeated Real World AI Failures by Cataloging Incidents: The AI Incident Database,” arXiv:2011.08512 [cs], Nov. 2020, arXiv:2011.08512. Christopher Johnson, Mark Badger, David Waltermire, Julie Snyder, and Clem Skorupka, “Guide to cyber threat information sharing,” National Institute of Standards and Technology, NIST Special Publication 800 -150, Nov 2016. Mengyi Wei, Zhixuan Zhou (2022). AI Ethics Issues in Real World: Evidence from AI Incident Database. ArXiv, abs/2206.07635. BSA The Software Alliance (2021) Confronting Bias: BSA’s Framework to Build Trust in AI. “Using Combined Expertise to Evaluate Web Accessibility,” W3C Web Accessibility Initiative. GOVERN 5.1 Organizational policies and practices are in place to collect, consider, prioritize, and integrate feedback from those external to the team that developed or deployed the AI system regarding the potential individual and societal impacts related to AI risks. About Beyond internal and laboratory -based system testing, organizational policies and practices may consider AI system fitness -for-purpose related to the intended context of use. Participatory stakeholder engagement is one type of qualitative activity to help AI actors answer questions such as whether to pursue a project or how to design with impact in mind. This type of feedback, with domain expert input, can also assist AI actors to identify emergent scenarios and risks in certain AI applications. The consideration of when and how to convene a group and the kinds of individuals, groups, or community organizations to include is an iterative process connected to the system's purpose and its level of risk. Other factors relate to how to collaboratively and respectfully capture stakeholder feedback and insight that is useful, without being a solely perfunctory exercise. 29 of 142 These activities are best carried out by personnel with expertise in participatory practices, qualitative methods, and translation of contextual feedback for technical audiences. Participatory engagement is not a one -time exercise and is best carried out from the very beginning of AI system commissioning through the end of the lifecycle. Organizations can consider how to incorporate engagement when beginning a project and as part of their monitoring of systems. Engagement is often utilized as a consultative practice, but this perspective may inadvertently lead to “participation washing.” Organizational transparency about the purpose and goal of the engagement can help mitigate that possibility. Organizations may also consider targeted consultation with subject matter experts as a complement to participatory findings. Experts may assist internal staff in identifying and conceptualizing potential negative impacts that were previously not considered. Suggested Actions • Establish AI risk management policies that explicitly address mechanisms for collecting, evaluating, and incorporating stakeholder and user feedback that could include: • Recourse mechanisms for faulty AI system outputs. • Bug bounties. • Human -centered design. • User -interaction and experience research. • Participatory stakeholder engagement with individuals and communities that may experience negative impacts. • Verify that stakeholder feedback is considered and addressed, including environmental concerns, and across the entire population of intended users, including historically excluded populations, people with disabilities, older people, and those with limited access to the internet and other basic technologies. • Clarify the organization’s principles as they apply to AI systems – considering those which have been proposed publicly – to inform external stakeholders of the organization’s values. Consider publishing or adopting AI principles. Transparency & Documentation Organizations can document the following • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? • To what extent has the entity clarified the roles, responsibilities, and delegated authorities to relevant stakeholders? • How easily accessible and current is the information available to external stakeholders? • What was done to mitigate or reduce the potential for harm? • Stakeholder involvement: Include diverse perspectives from a community of stakeholders throughout the AI life cycle to mitigate risks. 30 of 142 AI Transparency Resources • Datasheets for Datasets. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • AI policies and initiatives, in Artificial Intelligence in Society, OECD, 2019. • Stakeholders in Explainable AI, Sep. 2018. References ISO, “Ergonomics of human -system interaction — Part 210: Human -centered design for interactive systems,” ISO 9241 -210:2019 (2nd ed.), July 2019. Rumman Chowdhury and Jutta Williams, "Introducing Twitter’s first algorithmic bias bounty challenge," Leonard Haas and Sebastian Gießler, “In the realm of paper tigers – exploring the failings of AI ethics guidelines,” AlgorithmWatch, 2020. Josh Kenway, Camille Francois, Dr. Sasha Costanza -Chock, Inioluwa Deborah Raji, & Dr. Joy Buolamwini. 2022. Bug Bounties for Algorithmic Harms? Algorithmic Justice League. Accessed July 14, 2022. Microsoft Community Jury , Azure Application Architecture Guide. “Definition of independent verification and validation (IV&V)”, in IEEE 1012, IEEE Standard for System, Software, and Hardware Verification and Validation. Annex C, GOVERN 5.2 Mechanisms are established to enable AI actors to regularly incorporate adjudicated feedback from relevant AI actors into system design and implementation. About Organizational policies and procedures that equip AI actors with the processes, knowledge, and expertise needed to inform collaborative decisions about system deployment improve risk management. These decisions are closely tied to AI systems and organizational risk tolerance. Risk tolerance, established by organizational leadership, reflects the level and type of risk the organization will accept while conducting its mission and carrying out its strategy. When risks arise, resources are allocated based on the assessed risk of a given AI system. Organizations typically apply a risk tolerance approach where higher risk systems receive larger allocations of risk management resources and lower risk systems receive less resources. Suggested Actions • Explicitly acknowledge that AI systems, and the use of AI, present inherent costs and risks along with potential benefits. 31 of 142 • Define reasonable risk tolerances for AI systems informed by laws, regulation, best practices, or industry standards. • Establish policies that ensure all relevant AI actors are provided with meaningful opportunities to provide feedback on system design and implementation. • Establish policies that define how to assign AI systems to established risk tolerance levels by combining system impact assessments with the likelihood that an impact occurs. Such assessment often entails some combination of: • Econometric evaluations of impacts and impact likelihoods to assess AI system risk. • Red -amber -green (RAG) scales for impact severity and likelihood to assess AI system risk. • Establishment of policies for allocating risk management resources along established risk tolerance levels, with higher -risk systems receiving more risk management resources and oversight. • Establishment of policies for approval, conditional approval, and disapproval of the design, implementation, and deployment of AI systems. • Establish policies facilitating the early decommissioning of AI systems that surpass an organization’s ability to reasonably mitigate risks. Transparency & Documentation Organizations can document the following • Who is ultimately responsible for the decisions of the AI and is this person aware of the intended uses and limitations of the analytic? • Who will be responsible for maintaining, re -verifying, monitoring, and updating this AI once deployed? • Who is accountable for the ethical considerations during all stages of the AI lifecycle? • To what extent are the established procedures effective in mitigating bias, inequity, and other concerns resulting from the system? • Does the AI solution provide sufficient information to assist the personnel to make an informed decision and take actions accordingly? AI Transparency Resources • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • Stakeholders in Explainable AI, Sep. 2018. • AI policies and initiatives, in Artificial Intelligence in Society, OECD, 2019. References Bd. Governors Fed. Rsrv. Sys., Supervisory Guidance on Model Risk Management, SR Letter 11-7 (Apr. 4, 2011) Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). 32 of 142 The Office of the Comptroller of the Currency. Enterprise Risk Appetite Statement. (Nov. 20, 2019). Retrieved on July 12, 2022. GOVERN 6.1 Policies and procedures are in place that address AI risks associated with third -party entities, including risks of infringement of a third party’s intellectual property or other rights. About Risk measurement and management can be complicated by how customers use or integrate third -party data or systems into AI products or services, particularly without sufficient internal governance structures and technical safeguards. Organizations usually engage multiple third parties for external expertise, data, software packages (both open source and commercial), and software and hardware platforms across the AI lifecycle. This engagement has beneficial uses and can increase complexities of risk management efforts. Organizational approaches to managing third -party (positive and negative) risk may be tailored to the resources, risk profile, and use case for each system. Organizations can apply governance approaches to third -party AI systems and data as they would for internal resources — including open source software, publicly available data, and commercially available models. Suggested Actions • Collaboratively establish policies that address third -party AI systems and data. • Establish policies related to: • Transparency into third -party system functions, including knowledge about training data, training and inference algorithms, and assumptions and limitations. • Thorough testing of third -party AI systems. (See MEASURE for more detail) • Requirements for clear and complete instructions for third -party system usage. • Evaluate policies for third -party technology. • Establish policies that address supply chain, full product lifecycle and associated processes, including legal, ethical, and other issues concerning procurement and use of third -party software or hardware systems and data. Transparency & Documentation Organizations can document the following • Did you establish mechanisms that facilitate the AI system’s auditability (e.g. traceability of the development process, the sourcing of training data and the logging of the AI system’s processes, outcomes, positive and negative impact)? 33 of 142 • If a third party created the AI, how will you ensure a level of explainability or interpretability? • Did you ensure that the AI system can be audited by independent third parties? • Did you establish a process for third parties (e.g. suppliers, end users, subjects, distributors/vendors or workers) to report potential vulnerabilities, risks or biases in the AI system? • To what extent does the plan specifically address risks associated with acquisition, procurement of packaged software from vendors, cybersecurity controls, computational infrastructure, data, data science, deployment mechanics, and system failure? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • AI policies and initiatives, in Artificial Intelligence in Society, OECD, 2019. • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI - 2019. References Bd. Governors Fed. Rsrv. Sys., Supervisory Guidance on Model Risk Management, SR Letter 11-7 (Apr. 4, 2011) “Proposed Interagency Guidance on Third -Party Relationships: Risk Management,” 2021. Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). GOVERN 6.2 Contingency processes are in place to handle failures or incidents in third -party data or AI systems deemed to be high -risk. About To mitigate the potential harms of third -party system failures, organizations may implement policies and procedures that include redundancies for covering third -party functions. Suggested Actions • Establish policies for handling third -party system failures to include consideration of redundancy mechanisms for vital third -party AI systems. • Verify that incident response plans address third -party AI systems. 34 of 142 Transparency & Documentation Organizations can document the following • To what extent does the plan specifically address risks associated with acquisition, procurement of packaged software from vendors, cybersecurity controls, computational infrastructure, data, data science, deployment mechanics, and system failure? • Did you establish a process for third parties (e.g. suppliers, end users, subjects, distributors/vendors or workers) to report potential vulnerabilities, risks or biases in the AI system? • If your organization obtained datasets from a third party, did your organization assess and manage the risks of using such datasets? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • AI policies and initiatives, in Artificial Intelligence in Society, OECD, 2019. References Bd. Governors Fed. Rsrv. Sys., Supervisory Guidance on Model Risk Management, SR Letter 11-7 (Apr. 4, 2011) “Proposed Interagency Guidance on Third -Party Relationships: Risk Management,” 2021. Off. Comptroller Currency, Comptroller’s Handbook: Model Risk Management (Aug. 2021). MANAGE 35 of 142 Manage AI risks based on assessments and other analytical output from the Map and Measure functions are prioritized, responded to, and managed. MANAGE 1.1 A determination is made as to whether the AI system achieves its intended purpose and stated objectives and whether its development or deployment should proceed. About AI systems may not necessarily be the right solution for a given business task or problem. A standard risk management practice is to formally weigh an AI system’s negative risks against its benefits, and to determine if the AI system is an appropriate solution. Tradeoffs among trustworthiness characteristics —such as deciding to deploy a system based on system performance vs system transparency –may require regular assessment throughout the AI lifecycle. Suggested Actions • Consider trustworthiness characteristics when evaluating AI systems’ negative risks and benefits. • Utilize TEVV outputs from map and measure functions when considering risk treatment. • Regularly track and monitor negative risks and benefits throughout the AI system lifecycle including in post -deployment monitoring. • Regularly assess and document system performance relative to trustworthiness characteristics and tradeoffs between negative risks and opportunities. • Evaluate tradeoffs in connection with real -world use cases and impacts and as enumerated in Map function outcomes. Transparency & Documentation Organizations can document the following • How do the technical specifications and requirements align with the AI system’s goals and objectives? • To what extent are the metrics consistent with system goals, objectives, and constraints, including ethical and compliance considerations? • What goals and objectives does the entity expect to achieve by designing, developing, and/or deploying the AI system? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations 36 of 142 References Arvind Narayanan. How to recognize AI snake oil. Retrieved October 15, 2022. Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, Jacob Metcalf. 2021. Assembling Accountability: Algorithmic Impact Assessment for the Public Interest. (June 29, 2021). Fraser, Henry L and Bello y Villarino, Jose -Miguel, Where Residual Risks Reside: A Comparative Approach to Art 9(4) of the European Union's Proposed AI Regulation (September 30, 2021). [LINK](https://ssrn.com/abstract=3960461), Microsoft. 2022. Microsoft Responsible AI Impact Assessment Template. (June 2022). Office of the Comptroller of the Currency. 2021. Comptroller's Handbook: Model Risk Management, Version 1.0, August 2021. Solon Barocas, Asia J. Biega, Benjamin Fish, et al. 2020. When not to design, build, or deploy. In Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency (FAT* '20). Association for Computing Machinery, New York, NY, USA, 695. MANAGE 1.2 Treatment of documented AI risks is prioritized based on impact, likelihood, or available resources or methods. About Risk refers to the composite measure of an event’s probability of occurring and the magnitude (or degree) of the consequences of the corresponding events. The impacts, or consequences, of AI systems can be positive, negative, or both and can result in opportunities or risks. Organizational risk tolerances are often informed by several internal and external factors, including existing industry practices, organizational values, and legal or regulatory requirements. Since risk management resources are often limited, organizations usually assign them based on risk tolerance. AI risks that are deemed more serious receive more oversight attention and risk management resources. Suggested Actions • Assign risk management resources relative to established risk tolerance. AI systems with lower risk tolerances receive greater oversight, mitigation and management resources. • Document AI risk tolerance determination practices and resource decisions. • Regularly review risk tolerances and re -calibrate, as needed, in accordance with information from AI system monitoring and assessment . 37 of 142 Transparency & Documentation Organizations can document the following • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? • What assessments has the entity conducted on data security and privacy impacts associated with the AI system? • Does your organization have an existing governance structure that can be leveraged to oversee the organization’s use of AI? AI Transparency Resources • WEF Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. References Arvind Narayanan. How to recognize AI snake oil. Retrieved October 15, 2022. Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, Jacob Metcalf. 2021. Assembling Accountability: Algorithmic Impact Assessment for the Public Interest. (June 29, 2021). Fraser, Henry L and Bello y Villarino, Jose -Miguel, Where Residual Risks Reside: A Comparative Approach to Art 9(4) of the European Union's Proposed AI Regulation (September 30, 2021). [LINK](https://ssrn.com/abstract=3960461), Microsoft. 2022. Microsoft Responsible AI Impact Assessment Template. (June 2022). Office of the Comptroller of the Currency. 2021. Comptroller's Handbook: Model Risk Management, Version 1.0, August 2021. Solon Barocas, Asia J. Biega, Benjamin Fish, et al. 2020. When not to design, build, or deploy. In Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency (FAT* '20). Association for Computing Machinery, New York, NY, USA, 695. MANAGE 1.3 Responses to the AI risks deemed high priority as identified by the Map function, are developed, planned, and documented. Risk response options can include mitigating, transferring, avoiding, or accepting. 38 of 142 About Outcomes from GOVERN -1, MAP -5 and MEASURE -2, can be used to address and document identified risks based on established risk tolerances. Organizations can follow existing regulations and guidelines for risk criteria, tolerances and responses established by organizational, domain, discipline, sector, or professional requirements. In lieu of such guidance, organizations can develop risk response plans based on strategies such as accepted model risk management, enterprise risk management, and information sharing and disclosure practices. Suggested Actions • Observe regulatory and established organizational, sector, discipline, or professional standards and requirements for applying risk tolerances within the organization. • Document procedures for acting on AI system risks related to trustworthiness characteristics. • Prioritize risks involving physical safety, legal liabilities, regulatory compliance, and negative impacts on individuals, groups, or society. • Identify risk response plans and resources and organizational teams for carrying out response functions. • Store risk management and system documentation in an organized, secure repository that is accessible by relevant AI Actors and appropriate personnel. Transparency & Documentation Organizations can document the following • Has the system been reviewed to ensure the AI system complies with relevant laws, regulations, standards, and guidance? • To what extent has the entity defined and documented the regulatory environment — including minimum requirements in laws and regulations? • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Datasheets for Datasets. References Arvind Narayanan. How to recognize AI snake oil. Retrieved October 15, 2022. Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). 39 of 142 Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, Jacob Metcalf. 2021. Assembling Accountability: Algorithmic Impact Assessment for the Public Interest. (June 29, 2021). Fraser, Henry L and Bello y Villarino, Jose -Miguel, Where Residual Risks Reside: A Comparative Approach to Art 9(4) of the European Union's Proposed AI Regulation (September 30, 2021). [LINK](https://ssrn.com/abstract=3960461), Microsoft. 2022. Microsoft Responsible AI Impact Assessment Template. (June 2022). Office of the Comptroller of the Currency. 2021. Comptroller's Handbook: Model Risk Management, Version 1.0, August 2021. Solon Barocas, Asia J. Biega, Benjamin Fish, et al. 2020. When not to design, build, or deploy. In Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency (FAT* '20). Association for Computing Machinery, New York, NY, USA, 695. MANAGE 1.4 Negative residual risks (defined as the sum of all unmitigated risks) to both downstream acquirers of AI systems and end users are documented. About Organizations may choose to accept or transfer some of the documented risks from MAP and MANAGE 1.3 and 2.1. Such risks, known as residual risk, may affect downstream AI actors such as those engaged in system procurement or use. Transparent monitoring and managing residual risks enables cost benefit analysis and the examination of potential values of AI systems versus its potential negative impacts. Suggested Actions • Document residual risks within risk response plans, denoting risks that have been accepted, transferred, or subject to minimal mitigation. • Establish procedures for disclosing residual risks to relevant downstream AI actors . • Inform relevant downstream AI actors of requirements for safe operation, known limitations, and suggested warning labels as identified in MAP 3.4. Transparency & Documentation Organizations can document the following • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • Who will be responsible for maintaining, re -verifying, monitoring, and updating this AI once deployed? • How will updates/revisions be documented and communicated? How often and by whom? • How easily accessible and current is the information available to external stakeholders? 40 of 142 AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • Datasheets for Datasets. References Arvind Narayanan. How to recognize AI snake oil. Retrieved October 15, 2022. Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, Jacob Metcalf. 2021. Assembling Accountability: Algorithmic Impact Assessment for the Public Interest. (June 29, 2021). Fraser, Henry L and Bello y Villarino, Jose -Miguel, Where Residual Risks Reside: A Comparative Approach to Art 9(4) of the European Union's Proposed AI Regulation (September 30, 2021). [LINK](https://ssrn.com/abstract=3960461), Microsoft. 2022. Microsoft Responsible AI Impact Assessment Template. (June 2022). Office of the Comptroller of the Currency. 2021. Comptroller's Handbook: Model Risk Management, Version 1.0, August 2021. Solon Barocas, Asia J. Biega, Benjamin Fish, et al. 2020. When not to design, build, or deploy. In Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency (FAT* '20). Association for Computing Machinery, New York, NY, USA, 695. MANAGE 2.1 Resources required to manage AI risks are taken into account, along with viable non -AI alternative systems, approaches, or methods – to reduce the magnitude or likelihood of potential impacts. About Organizational risk response may entail identifying and analyzing alternative approaches, methods, processes or systems, and balancing tradeoffs between trustworthiness characteristics and how they relate to organizational principles and societal values. Analysis of these tradeoffs is informed by consulting with interdisciplinary organizational teams, independent domain experts, and engaging with individuals or community groups. These processes require sufficient resource allocation. Suggested Actions • Plan and implement risk management practices in accordance with established organizational risk tolerances. • Verify risk management teams are resourced to carry out functions, including 41 of 142 • Establishing processes for considering methods that are not automated; semi - automated; or other procedural alternatives for AI functions. • Enhance AI system transparency mechanisms for AI teams. • Enable exploration of AI system limitations by AI teams. • Identify, assess, and catalog past failed designs and negative impacts or outcomes to avoid known failure modes. • Identify resource allocation approaches for managing risks in systems: • deemed high -risk, • that self -update (adaptive, online, reinforcement self -supervised learning or similar), • trained without access to ground truth (unsupervised, semi -supervised, learning or similar), • with high uncertainty or where risk management is insufficient. • Regularly seek and integrate external expertise and perspectives to supplement organizational diversity (e.g. demographic, disciplinary), equity, inclusion, and accessibility where internal capacity is lacking. • Enable and encourage regular, open communication and feedback among AI actors and internal or external stakeholders related to system design or deployment decisions. • Prepare and document plans for continuous monitoring and feedback mechanisms. Transparency & Documentation Organizations can document the following • Are mechanisms in place to evaluate whether internal teams are empowered and resourced to effectively carry out risk management functions? • How will user and other forms of stakeholder engagement be integrated into risk management processes? AI Transparency Resources • Artificial Intelligence Ethics Framework For The Intelligence Community. • Datasheets for Datasets. • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. References Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). David Wright. 2013. Making Privacy Impact Assessments More Effective. The Information Society, 29 (Oct 2013), 307 -315. 42 of 142 Margaret Mitchell, Simone Wu, Andrew Zaldivar, et al. 2019. Model Cards for Model Reporting. In Proceedings of the Conference on Fairness, Accountability, and Transparency (FAT* '19). Association for Computing Machinery, New York, NY, USA, 220 –229. Office of the Comptroller of the Currency. 2021. Comptroller's Handbook: Model Risk Management, Version 1.0, August 2021. Timnit Gebru, Jamie Morgenstern, Briana Vecchione, et al. 2021. Datasheets for Datasets. arXiv:1803.09010. MANAGE 2.2 Mechanisms are in place and applied to sustain the value of deployed AI systems. About System performance and trustworthiness may evolve and shift over time, once an AI system is deployed and put into operation. This phenomenon, generally known as drift, can degrade the value of the AI system to the organization and increase the likelihood of negative impacts. Regular monitoring of AI systems’ performance and trustworthiness enhances organizations’ ability to detect and respond to drift, and thus sustain an AI system’s value once deployed. Processes and mechanisms for regular monitoring address system functionality and behavior - as well as impacts and alignment with the values and norms within the specific context of use. For example, considerations regarding impacts on personal or public safety or privacy may include limiting high speeds when operating autonomous vehicles or restricting illicit content recommendations for minors. Regular monitoring activities can enable organizations to systematically and proactively identify emergent risks and respond according to established protocols and metrics. Options for organizational responses include 1) avoiding the risk, 2)accepting the risk, 3) mitigating the risk, or 4) transferring the risk. Each of these actions require planning and resources. Organizations are encouraged to establish risk management protocols with consideration of the trustworthiness characteristics, the deployment context, and real world impacts. Suggested Actions • Establish risk controls considering trustworthiness characteristics, including: • Data management, quality, and privacy (e.g. minimization, rectification or deletion requests) controls as part of organizational data governance policies. • Machine learning and end -point security countermeasures (e.g., robust models, differential privacy, authentication, throttling). • Business rules that augment, limit or restrict AI system outputs within certain contexts • Utilizing domain expertise related to deployment context for continuous improvement and TEVV across the AI lifecycle. • Development and regular tracking of human -AI teaming configurations. 43 of 142 • Model assessment and test, evaluation, validation and verification (TEVV) protocols. • Use of standardized documentation and transparency mechanisms. • Software quality assurance practices across AI lifecycle. • Mechanisms to explore system limitations and avoid past failed designs or deployments. • Establish mechanisms to capture feedback from system end users and potentially impacted groups while system is in deployment. • stablish mechanisms to capture feedback from system end users and potentially impacted groups about how changes in system deployment (e.g., introducing new technology, decommissioning algorithms and models, adapting system, model or algorithm) may create negative impacts that are not visible along the AI lifecycle. • Review insurance policies, warranties, or contracts for legal or oversight requirements for risk transfer procedures. • Document risk tolerance decisions and risk acceptance procedures. Transparency & Documentation Organizations can document the following • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? • Could the AI system expose people to harm or negative impacts? What was done to mitigate or reduce the potential for harm? • How will the accountable human(s) address changes in accuracy and precision due to either an adversary’s attempts to disrupt the AI or unrelated changes in the operational or business environment? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References Safety, Validity and Reliability Risk Management Approaches and Resources AI Incident Database. 2022. AI Incident Database. AIAAIC Repository. 2022. AI, algorithmic and automation incidents collected, dissected, examined, and divulged. Alexander D'Amour, Katherine Heller, Dan Moldovan, et al. 2020. Underspecification Presents Challenges for Credibility in Modern Machine Learning. arXiv:2011.03395. 44 of 142 Andrew L. Beam, Arjun K. Manrai, Marzyeh Ghassemi. 2020. Challenges to the Reproducibility of Machine Learning Models in Health Care. Jama 323, 4 (January 6, 2020), 305-306. Anthony M. Barrett, Dan Hendrycks, Jessica Newman et al. 2022. Actionable Guidance for High -Consequence AI Risk Management: Towards Standards Addressing AI Catastrophic Risks. arXiv:2206.08966. Debugging Machine Learning Models, In Proceedings of ICLR 2019 Workshop, May 6, 2019, New Orleans, Louisiana. Jessie J. Smith, Saleema Amershi, Solon Barocas, et al. 2022. REAL ML: Recognizing, Exploring, and Articulating Limitations of Machine Learning Research. arXiv:2205.08363. Joelle Pineau, Philippe Vincent -Lamarre, Koustuv Sinha, et al. 2020. Improving Reproducibility in Machine Learning Research (A Report from the NeurIPS 2019 Reproducibility Program) arXiv:2003.12206. Kirstie Whitaker. 2017. Showing your working: a how to guide to reproducible research. (August 2017). [LINK](https://github.com/WhitakerLab/ReproducibleResearch/blob/master/PRESENTA TIONS/Whitaker_ICON_August2017.pdf), Netflix. Chaos Monkey. Peter Henderson, Riashat Islam, Philip Bachman, et al. 2018. Deep reinforcement learning that matters. Proceedings of the AAAI Conference on Artificial Intelligence. 32, 1 (Apr. 2018). Suchi Saria, Adarsh Subbaswamy. 2019. Tutorial: Safe and Reliable Machine Learning. arXiv:1904.07204. Kang, Daniel, Deepti Raghavan, Peter Bailis, and Matei Zaharia. "Model assertions for monitoring and improving ML models." Proceedings of Machine Learning and Systems 2 (2020): 481 -496. Managing Risk Bias National Institute of Standards and Technology (NIST), Reva Schwartz, Apostol Vassilev, et al. 2022. NIST Special Publication 1270 Towards a Standard for Identifying and Managing Bias in Artificial Intelligence. Bias Testing and Remediation Approaches Alekh Agarwal, Alina Beygelzimer, Miroslav Dudík, et al. 2018. A Reductions Approach to Fair Classification. arXiv:1803.02453. Brian Hu Zhang, Blake Lemoine, Margaret Mitchell. 2018. Mitigating Unwanted Biases with Adversarial Learning. arXiv:1801.07593. 45 of 142 Drago Plečko, Nicolas Bennett, Nicolai Meinshausen. 2021. Fairadapt: Causal Reasoning for Fair Data Pre -processing. arXiv:2110.10200. Faisal Kamiran, Toon Calders. 2012. Data Preprocessing Techniques for Classification without Discrimination. Knowledge and Information Systems 33 (2012), 1 –33. Faisal Kamiran; Asim Karim; Xiangliang Zhang. 2012. Decision Theory for Discrimination - Aware Classification. In Proceedings of the 2012 IEEE 12th International Conference on Data Mining, December 10 -13, 2012, Brussels, Belgium. IEEE, 924 -929. Flavio P. Calmon, Dennis Wei, Karthikeyan Natesan Ramamurthy, et al. 2017. Optimized Data Pre -Processing for Discrimination Prevention. arXiv:1704.03354. Geoff Pleiss, Manish Raghavan, Felix Wu, et al. 2017. On Fairness and Calibration. arXiv:1709.02012. L. Elisa Celis, Lingxiao Huang, Vijay Keswani, et al. 2020. Classification with Fairness Constraints: A Meta -Algorithm with Provable Guarantees. arXiv:1806.06055. Michael Feldman, Sorelle Friedler, John Moeller, et al. 2014. Certifying and Removing Disparate Impact. arXiv:1412.3756. Michael Kearns, Seth Neel, Aaron Roth, et al. 2017. Preventing Fairness Gerrymandering: Auditing and Learning for Subgroup Fairness. arXiv:1711.05144. Michael Kearns, Seth Neel, Aaron Roth, et al. 2018. An Empirical Study of Rich Subgroup Fairness for Machine Learning. arXiv:1808.08166. Moritz Hardt, Eric Price, and Nathan Srebro. 2016. Equality of Opportunity in Supervised Learning. In Proceedings of the 30th Conference on Neural Information Processing Systems (NIPS 2016), 2016, Barcelona, Spain. Rich Zemel, Yu Wu, Kevin Swersky, et al. 2013. Learning Fair Representations. In Proceedings of the 30th International Conference on Machine Learning 2013, PMLR 28, 3, 325-333. Toshihiro Kamishima, Shotaro Akaho, Hideki Asoh & Jun Sakuma. 2012. Fairness -Aware Classifier with Prejudice Remover Regularizer. In Peter A. Flach, Tijl De Bie, Nello Cristianini (eds) Machine Learning and Knowledge Discovery in Databases. European Conference ECML PKDD 2012, Proceedings Part II, September 24 -28, 2012, Bristol, UK. Lecture Notes in Computer Science 7524. Springer, Berlin, Heidelberg. Security and Resilience Resources FTC Start With Security Guidelines. 2015. Gary McGraw et al. 2022. BIML Interactive Machine Learning Risk Framework. Berryville Institute for Machine Learning. 46 of 142 Ilia Shumailov, Yiren Zhao, Daniel Bates, et al. 2021. Sponge Examples: Energy -Latency Attacks on Neural Networks. arXiv:2006.03463. Marco Barreno, Blaine Nelson, Anthony D. Joseph, et al. 2010. The Security of Machine Learning. Machine Learning 81 (2010), 121 -148. Matt Fredrikson, Somesh Jha, Thomas Ristenpart. 2015. Model Inversion Attacks that Exploit Confidence Information and Basic Countermeasures. In Proceedings of the 22nd ACM SIGSAC Conference on Computer and Communications Security (CCS '15), October 2015. Association for Computing Machinery, New York, NY, USA, 1322 –1333. National Institute for Standards and Technology (NIST). 2022. Cybersecurity Framework. Nicolas Papernot. 2018. A Marauder's Map of Security and Privacy in Machine Learning. arXiv:1811.01134. Reza Shokri, Marco Stronati, Congzheng Song, et al. 2017. Membership Inference Attacks against Machine Learning Models. arXiv:1610.05820. Adversarial Threat Matrix (MITRE). 2021. Interpretability and Explainability Approaches Chaofan Chen, Oscar Li, Chaofan Tao, et al. 2019. This Looks Like That: Deep Learning for Interpretable Image Recognition. arXiv:1806.10574. Cynthia Rudin. 2019. Stop explaining black box machine learning models for high stakes decisions and use interpretable models instead. arXiv:1811.10154. Daniel W. Apley, Jingyu Zhu. 2019. Visualizing the Effects of Predictor Variables in Black Box Supervised Learning Models. arXiv:1612.08468. David A. Broniatowski. 2021. Psychological Foundations of Explainability and Interpretability in Artificial Intelligence. National Institute of Standards and Technology (NIST) IR 8367. National Institute of Standards and Technology, Gaithersburg, MD. Forough Poursabzi -Sangdeh, Daniel G. Goldstein, Jake M. Hofman, et al. 2021. Manipulating and Measuring Model Interpretability. arXiv:1802.07810. Hongyu Yang, Cynthia Rudin, Margo Seltzer. 2017. Scalable Bayesian Rule Lists. arXiv:1602.08610. P. Jonathon Phillips, Carina A. Hahn, Peter C. Fontana, et al. 2021. Four Principles of Explainable Artificial Intelligence. National Institute of Standards and Technology (NIST) IR 8312. National Institute of Standards and Technology, Gaithersburg, MD. Scott Lundberg, Su -In Lee. 2017. A Unified Approach to Interpreting Model Predictions. arXiv:1705.07874. 47 of 142 Susanne Gaube, Harini Suresh, Martina Raue, et al. 2021. Do as AI say: susceptibility in deployment of clinical decision -aids. npj Digital Medicine 4, Article 31 (2021). Yin Lou, Rich Caruana, Johannes Gehrke, et al. 2013. Accurate intelligible models with pairwise interactions. In Proceedings of the 19th ACM SIGKDD international conference on Knowledge discovery and data mining (KDD '13), August 2013. Association for Computing Machinery, New York, NY, USA, 623 –631. Post -Decommission Upol Ehsan, Ranjit Singh, Jacob Metcalf and Mark O. Riedl. “The Algorithmic Imprint.” Proceedings of the 2022 ACM Conference on Fairness, Accountability, and Transparency (2022). Privacy Resources National Institute for Standards and Technology (NIST). 2022. Privacy Framework. Data Governance Marijn Janssen, Paul Brous, Elsa Estevez, Luis S. Barbosa, Tomasz Janowski, Data governance: Organizing data for trustworthy Artificial Intelligence, Government Information Quarterly, Volume 37, Issue 3, 2020, 101493, ISSN 0740 -624X. Software Resources • PiML (explainable models, performance assessment) • Interpret (explainable models) • Iml (explainable models) • Drifter library (performance assessment) • Manifold library (performance assessment) • SALib library (performance assessment) • What -If Tool (performance assessment) • MLextend (performance assessment) - AI Fairness 360: • Python (bias testing and mitigation) • R (bias testing and mitigation) • Adversarial -robustness -toolbox (ML security) • Robustness (ML security) • tensorflow/privacy (ML security) • NIST De -identification Tools (Privacy and ML security) • Dvc (MLops, deployment) • Gigantum (MLops, deployment) • Mlflow (MLops, deployment) • Mlmd (MLops, deployment) • Modeldb (MLops, deployment) 48 of 142 MANAGE 2.3 Procedures are followed to respond to and recover from a previously unknown risk when it is identified. About AI systems – like any technology – can demonstrate non -functionality or failure or unexpected and unusual behavior. They also can be subject to attacks, incidents, or other misuse or abuse – which their sources are not always known apriori. Organizations can establish, document, communicate and maintain treatment procedures to recognize and counter, mitigate and manage risks that were not previously identified. Suggested Actions • Protocols, resources, and metrics are in place for continual monitoring of AI systems’ performance, trustworthiness, and alignment with contextual norms and values • Establish and regularly review treatment and response plans for incidents, negative impacts, or outcomes. • Establish and maintain procedures to regularly monitor system components for drift, decontextualization, or other AI system behavior factors, • Establish and maintain procedures for capturing feedback about negative impacts. • Verify contingency processes to handle any negative impacts associated with mission - critical AI systems, and to deactivate systems. • Enable preventive and post -hoc exploration of AI system limitations by relevant AI actor groups. • Decommission systems that exceed risk tolerances. Transparency & Documentation Organizations can document the following • Who will be responsible for maintaining, re -verifying, monitoring, and updating this AI once deployed? • Are the responsibilities of the personnel involved in the various AI governance processes clearly defined? (Including responsibilities to decommission the AI system.) • What processes exist for data generation, acquisition/collection, ingestion, staging/storage, transformations, security, maintenance, and dissemination? • How will the appropriate performance metrics, such as accuracy, of the AI be monitored after the AI is deployed? AI Transparency Resources • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF - Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations. • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. 49 of 142 References AI Incident Database. 2022. AI Incident Database. AIAAIC Repository. 2022. AI, algorithmic and automation incidents collected, dissected, examined, and divulged. Andrew Burt and Patrick Hall. 2018. What to Do When AI Fails. O’Reilly Media, Inc. (May 18, 2020). Retrieved October 17, 2022. National Institute for Standards and Technology (NIST). 2022. Cybersecurity Framework. SANS Institute. 2022. Security Consensus Operational Readiness Evaluation (SCORE) Security Checklist [or Advanced Persistent Threat (APT) Handling Checklist]. Suchi Saria, Adarsh Subbaswamy. 2019. Tutorial: Safe and Reliable Machine Learning. arXiv:1904.07204. MANAGE 2.4 Mechanisms are in place and applied, responsibilities are assigned and understood to supersede, disengage, or deactivate AI systems that demonstrate performance or outcomes inconsistent with intended use. About Performance inconsistent with intended use does not always increase risk or lead to negative impacts. Rigorous TEVV practices are useful for protecting against negative impacts regardless of intended use. When negative impacts do arise, superseding (bypassing), disengaging, or deactivating/decommissioning a model, AI system component(s), or the entire AI system may be necessary, such as when: • a system reaches the end of its lifetime • detected or identified risks exceed tolerance thresholds • adequate system mitigation actions are beyond the organization’s capacity • feasible system mitigation actions do not meet regulatory, legal, norms or standards. • impending risk is detected during continual monitoring, for which feasible mitigation cannot be identified or implemented in a timely fashion. Safely removing AI systems from operation, either temporarily or permanently, under these scenarios requires standard protocols that minimize operational disruption and downstream negative impacts. Protocols can involve redundant or backup systems that are developed in alignment with established system governance policies (see GOVERN 1.7), regulatory compliance, legal frameworks, business requirements and norms and l standards within the application context of use. Decision thresholds and metrics for action s to bypass or deactivate system components are part of continual monitoring procedures. Incidents that result in a bypass/deactivate decision require documentation and review to understand root causes, impacts, and potential opportunities for mitigation and redeployment. Organizations are encouraged to develop risk and change management 50 of 142 protocols that consider and anticipate upstream and downstream consequences of both temporary and/or permanent decommissioning, and provide contingency options. Suggested Actions • Regularly review established procedures for AI system bypass actions, including plans for redundant or backup systems to ensure continuity of operational and/or business functionality. • Regularly review Identify system incident thresholds for activating bypass or deactivation responses. • Apply change management processes to understand the upstream and downstream consequences of bypassing or deactivating an AI system or AI system components. • Apply protocols, resources and metrics for decisions to supersede, bypass or deactivate AI systems or AI system components. • Preserve materials for forensic, regulatory, and legal review. • Conduct internal root cause analysis and process reviews of bypass or deactivation events. • Decommission and preserve system components that cannot be updated to meet criteria for redeployment. • Establish criteria for redeploying updated system components, in consideration of trustworthy characteristics Transparency & Documentation Organizations can document the following • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? • What testing, if any, has the entity conducted on the AI system to identify errors and limitations (i.e. adversarial or stress testing)? • To what extent does the entity have established procedures for retiring the AI system, if it is no longer needed? • How did the entity use assessments and/or evaluations to determine if the system can be scaled up, continue, or be decommissioned? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. References Decommissioning Template. Application Lifecycle And Supporting Docs. Cloud and Infrastructure Community of Practice. 51 of 142 Develop a Decommission Plan. M3 Playbook. Office of Shared Services and Solutions and Performance Improvement. General Services Administration. MANAGE 3.1 AI risks and benefits from third -party resources are regularly monitored, and risk controls are applied and documented. About AI systems may depend on external resources and associated processes, including third - party data, software or hardware systems. Third parties’ supplying organizations with components and services, including tools, software, and expertise for AI system design, development, deployment or use can improve efficiency and scalability. It can also increase complexity and opacity, and, in -turn, risk. Documenting third -party technologies, personnel, and resources that were employed can help manage risks. Focusing first and foremost on risks involving physical safety, legal liabilities, regulatory compliance, and negative impacts on individuals, groups, or society is recommended. Suggested Actions • Have legal requirements been addressed? • Apply organizational risk tolerance to third -party AI systems. • Apply and document organizational risk management plans and practices to third -party AI technology, personnel, or other resources. • Identify and maintain documentation for third -party AI systems and components. • Establish testing, evaluation, validation and verification processes for third -party AI systems which address the needs for transparency without exposing proprietary algorithms . • Establish processes to identify beneficial use and risk indicators in third -party systems or components, such as inconsistent software release schedule, sparse documentation, and incomplete software change management (e.g., lack of forward or backward compatibility). • Organizations can establish processes for third parties to report known and potential vulnerabilities, risks or biases in supplied resources. • Verify contingency processes for handling negative impacts associated with mission - critical third -party AI systems. • Monitor third -party AI systems for potential negative impacts and risks associated with trustworthiness characteristics. • Decommission third -party systems that exceed risk tolerances. Transparency & Documentation Organizations can document the following • If a third party created the AI system or some of its components, how will you ensure a level of explainability or interpretability? Is there documentation? 52 of 142 • If your organization obtained datasets from a third party, did your organization assess and manage the risks of using such datasets? • Did you establish a process for third parties (e.g. suppliers, end users, subjects, distributors/vendors or workers) to report potential vulnerabilities, risks or biases in the AI system? • Have legal requirements been addressed? AI Transparency Resources • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF - Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations. • Datasheets for Datasets. References Office of the Comptroller of the Currency. 2021. Proposed Interagency Guidance on Third - Party Relationships: Risk Management. July 12, 2021. MANAGE 3.2 Pre-trained models which are used for development are monitored as part of AI system regular monitoring and maintenance. About A common approach in AI development is transfer learning, whereby an existing pre - trained model is adapted for use in a different, but related application. AI actors in development tasks often use pre -trained models from third -party entities for tasks such as image classification, language prediction, and entity recognition, because the resources to build such models may not be readily available to most organizations. Pre -trained models are typically trained to address various classification or prediction problems, using exceedingly large datasets and computationally intensive resources. The use of pre -trained models can make it difficult to anticipate negative system outcomes or impacts. Lack of documentation or transparency tools increases the difficulty and general complexity when deploying pre -trained models and hinders root cause analyses. Suggested Actions • Identify pre -trained models within AI system inventory for risk tracking. • Establish processes to independently and continually monitor performance and trustworthiness of pre -trained models, and as part of third -party risk tracking. • Monitor performance and trustworthiness of AI system components connected to pre - trained models, and as part of third -party risk tracking. • Identify, document and remediate risks arising from AI system components and pre - trained models per organizational risk management procedures, and as part of third - party risk tracking. • Decommission AI system components and pre -trained models which exceed risk tolerances, and as part of third -party risk tracking. 53 of 142 Transparency & Documentation Organizations can document the following • How has the entity documented the AI system’s data provenance, including sources, origins, transformations, augmentations, labels, dependencies, constraints, and metadata? • Does this dataset collection/processing procedure achieve the motivation for creating the dataset stated in the first section of this datasheet? • How does the entity ensure that the data collected are adequate, relevant, and not excessive in relation to the intended purpose? • If the dataset becomes obsolete how will this be communicated? AI Transparency Resources • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF - Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations. • Datasheets for Datasets. References Larysa Visengeriyeva et al. “Awesome MLOps,“ GitHub. Accessed January 9, 2023. MANAGE 4.1 Post -deployment AI system monitoring plans are implemented, including mechanisms for capturing and evaluating input from users and other relevant AI actors, appeal and override, decommissioning, incident response, recovery, and change management. About AI system performance and trustworthiness can change due to a variety of factors. Regular AI system monitoring can help deployers identify performance degradations, adversarial attacks, unexpected and unusual behavior, near -misses, and impacts. Including pre - and post -deployment external feedback about AI system performance can enhance organizational awareness about positive and negative impacts, and reduce the time to respond to risks and harms. Suggested Actions • Establish and maintain procedures to monitor AI system performance for risks and negative and positive impacts associated with trustworthiness characteristics. • Perform post -deployment TEVV tasks to evaluate AI system validity and reliability, bias and fairness, privacy, and security and resilience. • Evaluate AI system trustworthiness in conditions similar to deployment context of use, and prior to deployment. • Establish and implement red -teaming exercises at a prescribed cadence, and evaluate their efficacy. 54 of 142 • Establish procedures for tracking dataset modifications such as data deletion or rectification requests. • Establish mechanisms for regular communication and feedback between relevant AI actors and internal or external stakeholders to capture information about system performance, trustworthiness and impact. • Share information about errors, near -misses, and attack patterns with incident databases, other organizations with similar systems, and system users and stakeholders. • Respond to and document detected or reported negative impacts or issues in AI system performance and trustworthiness. • Decommission systems that exceed establish risk tolerances. Transparency & Documentation Organizations can document the following • To what extent has the entity documented the post -deployment AI system’s testing methodology, metrics, and performance outcomes? • How easily accessible and current is the information available to external stakeholders? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities, • Datasheets for Datasets. References Navdeep Gill, Patrick Hall, Kim Montgomery, and Nicholas Schmidt. "A Responsible Machine Learning Workflow with Focus on Interpretable Models, Post -hoc Explanation, and Discrimination Testing." Information 11, no. 3 (2020): 137. MANAGE 4.2 Measurable activities for continual improvements are integrated into AI system updates and include regular engagement with interested parties, including relevant AI actors. About Regular monitoring processes enable system updates to enhance performance and functionality in accordance with regulatory and legal frameworks, and organizational and contextual values and norms. These processes also facilitate analyses of root causes, system degradation, drift, near -misses, and failures, and incident response and documentation. AI actors across the lifecycle have many opportunities to capture and incorporate external feedback about system performance, limitations, and impacts, and implement continuous improvements. Improvements may not always be to model pipeline or system processes, and may instead be based on metrics beyond accuracy or other quality performance measures. In these cases, improvements may entail adaptations to business or organizational procedures or practices. Organizations are encouraged to develop 55 of 142 improvements that will maintain traceability and transparency for developers, end users, auditors, and relevant AI actors. Suggested Actions • Integrate trustworthiness characteristics into protocols and metrics used for continual improvement. • Establish processes for evaluating and integrating feedback into AI system improvements. • Assess and evaluate alignment of proposed improvements with relevant regulatory and legal frameworks • Assess and evaluate alignment of proposed improvements connected to the values and norms within the context of use. • Document the basis for decisions made relative to tradeoffs between trustworthy characteristics, system risks, and system opportunities Transparency & Documentation Organizations can document the following • How will user and other forms of stakeholder engagement be integrated into the model development process and regular performance review once deployed? • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? • To what extent has the entity defined and documented the regulatory environment — including minimum requirements in laws and regulations? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities, • Artificial Intelligence Ethics Framework For The Intelligence Community. References Yen, Po -Yin, et al. "Development and Evaluation of Socio -Technical Metrics to Inform HIT Adaptation." Carayon, Pascale, and Megan E. Salwei. "Moving toward a sociotechnical systems approach to continuous health information technology design: the path forward for improving electronic health record usability and reducing clinician burnout." Journal of the American Medical Informatics Association 28.5 (2021): 1026 -1028. Mishra, Deepa, et al. "Organizational capabilities that enable big data and predictive analytics diffusion and organizational performance: A resource -based perspective." Management Decision (2018). 56 of 142 MANAGE 4.3 Incidents and errors are communicated to relevant AI actors including affected communities. Processes for tracking, responding to, and recovering from incidents and errors are followed and documented. About Regularly documenting an accurate and transparent account of identified and reported errors can enhance AI risk management activities., Examples include: • how errors were identified, • incidents related to the error, • whether the error has been repaired, and • how repairs can be distributed to all impacted stakeholders and users. Suggested Actions • Establish procedures to regularly share information about errors, incidents and negative impacts with relevant stakeholders, operators, practitioners and users, and impacted parties. • Maintain a database of reported errors, near -misses, incidents and negative impacts including date reported, number of reports, assessment of impact and severity, and responses. • Maintain a database of system changes, reason for change, and details of how the change was made, tested and deployed. • Maintain version history information and metadata to enable continuous improvement processes. • Verify that relevant AI actors responsible for identifying complex or emergent risks are properly resourced and empowered. Transparency & Documentation Organizations can document the following • What corrective actions has the entity taken to enhance the quality, accuracy, reliability, and representativeness of the data? • To what extent does the entity communicate its AI strategic goals and objectives to the community of stakeholders? How easily accessible and current is the information available to external stakeholders? • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? AI Transparency Resources • GAO -21-519SP: Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities, 57 of 142 References Wei, M., & Zhou, Z. (2022). AI Ethics Issues in Real World: Evidence from AI Incident Database. ArXiv, abs/2206.07635. McGregor, Sean. "Preventing repeated real world AI failures by cataloging incidents: The AI incident database." Proceedings of the AAAI Conference on Artificial Intelligence. Vol. 35. No. 17. 2021. Macrae, Carl. "Learning from the failure of autonomous and intelligent systems: Accidents, safety, and sociotechnical sources of risk." Risk analysis 42.9 (2022): 1999 -2025. MAP 58 of 142 Map Context is established and understood. MAP 1.1 Intended purpose, potentially beneficial uses, context -specific laws, norms and expectations, and prospective settings in which the AI system will be deployed are understood and documented. Considerations include: specific set or types of users along with their expectations; potential positive and negative impacts of system uses to individuals, communities, organizations, society, and the planet; assumptions and related limitations about AI system purposes; uses and risks across the development or product AI lifecycle; TEVV and system metrics. About Highly accurate and optimized systems can cause harm. Relatedly, organizations should expect broadly deployed AI tools to be reused, repurposed, and potentially misused regardless of intentions. AI actors can work collaboratively, and with external parties such as community groups, to help delineate the bounds of acceptable deployment, consider preferable alternatives, and identify principles and strategies to manage likely risks. Context mapping is the first step in this effort, and may include examination of the following: • intended purpose and impact of system use. • concept of operations. • intended, prospective, and actual deployment setting. • requirements for system deployment and operation. • end user and operator expectations. • specific set or types of end users. • potential negative impacts to individuals, groups, communities, organizations, and society – or context -specific impacts such as legal requirements or impacts to the environment. • unanticipated, downstream, or other unknown contextual factors. • how AI system changes connect to impacts. These types of processes can assist AI actors in understanding how limitations, constraints, and other realities associated with the deployment and use of AI technology can create impacts once they are deployed or operate in the real world. When coupled with the enhanced organizational culture resulting from the established policies and procedures in the Govern function, the Map function can provide opportunities to foster and instill new perspectives, activities, and skills for approaching risks and impacts. Context mapping also includes discussion and consideration of non -AI or non -technology alternatives especially as related to whether the given context is narrow enough to manage 59 of 142 AI and its potential negative impacts. Non -AI alternatives may include capturing and evaluating information using semi -autonomous or mostly -manual methods. Suggested Actions • Maintain awareness of industry, technical, and applicable legal standards. • Examine trustworthiness of AI system design and consider, non -AI solutions • Consider intended AI system design tasks along with unanticipated purposes in collaboration with human factors and socio -technical domain experts. • Define and document the task, purpose, minimum functionality, and benefits of the AI system to inform considerations about whether the utility of the project or its lack of. • Identify whether there are non -AI or non -technology alternatives that will lead to more trustworthy outcomes. • Examine how changes in system performance affect downstream events such as decision -making (e.g: changes in an AI model objective function create what types of impacts in how many candidates do/do not get a job interview). • Determine actions to map and track post -decommissioning stages of AI deployment and potential negative or positive impacts to individuals, groups and communities. • Determine the end user and organizational requirements, including business and technical requirements. • Determine and delineate the expected and acceptable AI system context of use, including: • social norms • Impacted individuals, groups, and communities • potential positive and negative impacts to individuals, groups, communities, organizations, and society • operational environment • Perform context analysis related to time frame, safety concerns, geographic area, physical environment, ecosystems, social environment, and cultural norms within the intended setting (or conditions that closely approximate the intended setting. • Gain and maintain awareness about evaluating scientific claims related to AI system performance and benefits before launching into system design. • Identify human -AI interaction and/or roles, such as whether the application will support or replace human decision making. • Plan for risks related to human -AI configurations, and document requirements, roles, and responsibilities for human oversight of deployed systems. Transparency & Documentation Organizations can document the following • To what extent is the output of each component appropriate for the operational context? 60 of 142 • Which AI actors are responsible for the decisions of the AI and is this person aware of the intended uses and limitations of the analytic? • Which AI actors are responsible for maintaining, re -verifying, monitoring, and updating this AI once deployed? • Who is the person(s) accountable for the ethical considerations across the AI lifecycle? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities, • “Stakeholders in Explainable AI,” Sep. 2018. • "Microsoft Responsible AI Standard, v2". References Socio -technical systems Andrew D. Selbst, danah boyd, Sorelle A. Friedler, et al. 2019. Fairness and Abstraction in Sociotechnical Systems. In Proceedings of the Conference on Fairness, Accountability, and Transparency (FAccT'19). Association for Computing Machinery, New York, NY, USA, 59 –68. Problem formulation Roel Dobbe, Thomas Krendl Gilbert, and Yonatan Mintz. 2021. Hard choices in artificial intelligence. Artificial Intelligence 300 (14 July 2021), 103555, ISSN 0004 -3702. Samir Passi and Solon Barocas. 2019. Problem Formulation and Fairness. In Proceedings of the Conference on Fairness, Accountability, and Transparency (FAccT'19). Association for Computing Machinery, New York, NY, USA, 39 –48. Context mapping Emilio Gómez -González and Emilia Gómez. 2020. Artificial intelligence in medicine and healthcare. Joint Research Centre (European Commission). Sarah Spiekermann and Till Winkler. 2020. Value -based Engineering for Ethics by Design. arXiv:2004.13676. Social Impact Lab. 2017. Framework for Context Analysis of Technologies in Social Change Projects (Draft v2.0). Solon Barocas, Asia J. Biega, Margarita Boyarskaya, et al. 2021. Responsible computing during COVID -19 and beyond. Commun. ACM 64, 7 (July 2021), 30 –32. Identification of harms Harini Suresh and John V. Guttag. 2020. A Framework for Understanding Sources of Harm throughout the Machine Learning Life Cycle. arXiv:1901.10002. Margarita Boyarskaya, Alexandra Olteanu, and Kate Crawford. 2020. Overcoming Failures of Imagination in AI Infused System Development and Deployment. arXiv:2011.13416. Microsoft. Foundations of assessing harm. 2022. 61 of 142 Understanding and documenting limitations in ML Alexander D'Amour, Katherine Heller, Dan Moldovan, et al. 2020. Underspecification Presents Challenges for Credibility in Modern Machine Learning. arXiv:2011.03395. Arvind Narayanan. "How to Recognize AI Snake Oil." Arthur Miller Lecture on Science and Ethics (2019). Jessie J. Smith, Saleema Amershi, Solon Barocas, et al. 2022. REAL ML: Recognizing, Exploring, and Articulating Limitations of Machine Learning Research. arXiv:2205.08363. Margaret Mitchell, Simone Wu, Andrew Zaldivar, et al. 2019. Model Cards for Model Reporting. In Proceedings of the Conference on Fairness, Accountability, and Transparency (FAT* '19). Association for Computing Machinery, New York, NY, USA, 220 –229. Matthew Arnold, Rachel K. E. Bellamy, Michael Hind, et al. 2019. FactSheets: Increasing Trust in AI Services through Supplier's Declarations of Conformity. arXiv:1808.07261. Matthew J. Salganik, Ian Lundberg, Alexander T. Kindel, Caitlin E. Ahearn, Khaled Al - Ghoneim, Abdullah Almaatouq, Drew M. Altschul et al. "Measuring the Predictability of Life Outcomes with a Scientific Mass Collaboration." Proceedings of the National Academy of Sciences 117, No. 15 (2020): 8398 -8403. Michael A. Madaio, Luke Stark, Jennifer Wortman Vaughan, and Hanna Wallach. 2020. Co - Designing Checklists to Understand Organizational Challenges and Opportunities around Fairness in AI. In Proceedings of the 2020 CHI Conference on Human Factors in Computing Systems (CHI ‘20). Association for Computing Machinery, New York, NY, USA, 1 –14. Timnit Gebru, Jamie Morgenstern, Briana Vecchione, et al. 2021. Datasheets for Datasets. arXiv:1803.09010. Bender, E. M., Friedman, B. & McMillan -Major, A., (2022). A Guide for Writing Data Statements for Natural Language Processing. University of Washington. Accessed July 14, 2022. Meta AI. System Cards, a new resource for understanding how AI systems work, 2021. When not to deploy Solon Barocas, Asia J. Biega, Benjamin Fish, et al. 2020. When not to design, build, or deploy. In Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency (FAT* '20). Association for Computing Machinery, New York, NY, USA, 695. Post -decommission Upol Ehsan, Ranjit Singh, Jacob Metcalf and Mark O. Riedl. “The Algorithmic Imprint.” Proceedings of the 2022 ACM Conference on Fairness, Accountability, and Transparency (2022). 62 of 142 Statistical balance Ziad Obermeyer, Brian Powers, Christine Vogeli, and Sendhil Mullainathan. 2019. Dissecting racial bias in an algorithm used to manage the health of populations. Science 366, 6464 (25 Oct. 2019), 447 -453. Assessment of science in AI Arvind Narayanan. How to recognize AI snake oil. Emily M. Bender. 2022. On NYT Magazine on AI: Resist the Urge to be Impressed. (April 17, 2022). MAP 1.2 Inter -disciplinary AI actors, competencies, skills and capacities for establishing context reflect demographic diversity and broad domain and user experience expertise, and their participation is documented. Opportunities for interdisciplinary collaboration are prioritized. About Successfully mapping context requires a team of AI actors with a diversity of experience, expertise, abilities and backgrounds, and with the resources and independence to engage in critical inquiry. Having a diverse team contributes to more broad and open sharing of ideas and assumptions about the purpose and function of the technology being designed and developed – making these implicit aspects more explicit. The benefit of a diverse staff in managing AI risks is not the beliefs or presumed beliefs of individual workers, but the behavior that results from a collective perspective. An environment which fosters critical inquiry creates opportunities to surface problems and identify existing and emergent risks. Suggested Actions • Establish interdisciplinary teams to reflect a wide range of skills, competencies, and capabilities for AI efforts. Verify that team membership includes demographic diversity, broad domain expertise, and lived experiences. Document team composition. • Create and empower interdisciplinary expert teams to capture, learn, and engage the interdependencies of deployed AI systems and related terminologies and concepts from disciplines outside of AI practice such as law, sociology, psychology, anthropology, public policy, systems design, and engineering. Transparency & Documentation Organizations can document the following • To what extent do the teams responsible for developing and maintaining the AI system reflect diverse opinions, backgrounds, experiences, and perspectives? 63 of 142 • Did the entity document the demographics of those involved in the design and development of the AI system to capture and communicate potential biases inherent to the development process, according to forum participants? • What specific perspectives did stakeholders share, and how were they integrated across the design, development, deployment, assessment, and monitoring of the AI system? • To what extent has the entity addressed stakeholder perspectives on the potential negative impacts of the AI system on end users and impacted populations? • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? • Did your organization address usability problems and test whether user interfaces served their intended purposes? Consulting the community or end users at the earliest stages of development to ensure there is transparency on the technology used and how it is deployed. AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • AI policies and initiatives, in Artificial Intelligence in Society, OECD, 2019. References Sina Fazelpour and Maria De -Arteaga. 2022. Diversity in sociotechnical machine learning systems. Big Data & Society 9, 1 (Jan. 2022). Microsoft Community Jury , Azure Application Architecture Guide. Fernando Delgado, Stephen Yang, Michael Madaio, Qian Yang. (2021). Stakeholder Participation in AI: Beyond "Add Diverse Stakeholders and Stir". Kush Varshney, Tina Park, Inioluwa Deborah Raji, Gaurush Hiranandani, Narasimhan Harikrishna, Oluwasanmi Koyejo, Brianna Richardson, and Min Kyung Lee. Participatory specification of trustworthy machine learning, 2021. Donald Martin, Vinodkumar Prabhakaran, Jill A. Kuhlberg, Andrew Smart and William S. Isaac. “Participatory Problem Formulation for Fairer Machine Learning Through Community Based System Dynamics”, ArXiv abs/2005.07572 (2020). MAP 1.3 The organization’s mission and relevant goals for the AI technology are understood and documented. 64 of 142 About Defining and documenting the specific business purpose of an AI system in a broader context of societal values helps teams to evaluate risks and increases the clarity of “go/no - go” decisions about whether to deploy. Trustworthy AI technologies may present a demonstrable business benefit beyond implicit or explicit costs, provide added value, and don't lead to wasted resources. Organizations can feel confident in performing risk avoidance if the implicit or explicit risks outweigh the advantages of AI systems, and not implementing an AI solution whose risks surpass potential benefits. For example, making AI systems more equitable can result in better managed risk, and can help enhance consideration of the business value of making inclusively designed, accessible and more equitable AI systems. Suggested Actions • Build transparent practices into AI system development processes. • Review the documented system purpose from a socio -technical perspective and in consideration of societal values. • Determine possible misalignment between societal values and stated organizational principles and code of ethics. • Flag latent incentives that may contribute to negative impacts. • Evaluate AI system purpose in consideration of potential risks, societal values, and stated organizational principles. Transparency & Documentation Organizations can document the following • How does the AI system help the entity meet its goals and objectives? • How do the technical specifications and requirements align with the AI system’s goals and objectives? • To what extent is the output appropriate for the operational context? AI Transparency Resources • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI – 2019, [LINK](https://altai.insight -centre.org/), • Including Insights from the Comptroller General’s Forum on the Oversight of Artificial Intelligence An Accountability Framework for Federal Agencies and Other Entities, 2021, References M.S. Ackerman (2000). The Intellectual Challenge of CSCW: The Gap Between Social Requirements and Technical Feasibility. Human –Computer Interaction, 15, 179 - 203. 65 of 142 McKane Andrus, Sarah Dean, Thomas Gilbert, Nathan Lambert, Tom Zick (2021). AI Development for the Public Interest: From Abstraction Traps to Sociotechnical Risks. Abeba Birhane, Pratyusha Kalluri, Dallas Card, et al. 2022. The Values Encoded in Machine Learning Research. arXiv:2106.15590. Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). Iason Gabriel, Artificial Intelligence, Values, and Alignment. Minds & Machines 30, 411 –437 (2020). PEAT “Business Case for Equitable AI”. MAP 1.4 The business value or context of business use has been clearly defined or – in the case of assessing existing AI systems – re-evaluated. About Socio -technical AI risks emerge from the interplay between technical development decisions and how a system is used, who operates it, and the social context into which it is deployed. Addressing these risks is complex and requires a commitment to understanding how contextual factors may interact with AI lifecycle actions. One such contextual factor is how organizational mission and identified system purpose create incentives within AI system design, development, and deployment tasks that may result in positive and negative impacts. By establishing comprehensive and explicit enumeration of AI systems’ context of of business use and expectations, organizations can identify and manage these types of risks. Suggested Actions • Document business value or context of business use • Reconcile documented concerns about the system’s purpose within the business context of use compared to the organization’s stated values, mission statements, social responsibility commitments, and AI principles. • Reconsider the design, implementation strategy, or deployment of AI systems with potential impacts that do not reflect institutional values. Transparency & Documentation Organizations can document the following • What goals and objectives does the entity expect to achieve by designing, developing, and/or deploying the AI system? • To what extent are the system outputs consistent with the entity’s values and principles to foster public trust and equity? • To what extent are the metrics consistent with system goals, objectives, and constraints, including ethical and compliance considerations? 66 of 142 AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • WEF Model AI Governance Framework Assessment 2020. References Algorithm Watch. AI Ethics Guidelines Global Inventory. Ethical OS toolkit. Emanuel Moss and Jacob Metcalf. 2020. Ethics Owners: A New Model of Organizational Responsibility in Data -Driven Technology Companies. Data & Society Research Institute. Future of Life Institute. Asilomar AI Principles. Leonard Haas, Sebastian Gießler, and Veronika Thiel. 2020. In the realm of paper tigers – exploring the failings of AI ethics guidelines. (April 28, 2020). MAP 1.5 Organizational risk tolerances are determined and documented. About Risk tolerance reflects the level and type of risk the organization is willing to accept while conducting its mission and carrying out its strategy. Organizations can follow existing regulations and guidelines for risk criteria, tolerance and response established by organizational, domain, discipline, sector, or professional requirements. Some sectors or industries may have established definitions of harm or may have established documentation, reporting, and disclosure requirements. Within sectors, risk management may depend on existing guidelines for specific applications and use case settings. Where established guidelines do not exist, organizations will want to define reasonable risk tolerance in consideration of different sources of risk (e.g., financial, operational, safety and wellbeing, business, reputational, and model risks) and different levels of risk (e.g., from negligible to critical). Risk tolerances inform and support decisions about whether to continue with development or deployment - termed “go/no -go”. Go/no -go decisions related to AI system risks can take stakeholder feedback into account, but remain independent from stakeholders’ vested financial or reputational interests. If mapping risk is prohibitively difficult, a "no -go" decision may be considered for the specific system. Suggested Actions • Utilize existing regulations and guidelines for risk criteria, tolerance and response established by organizational, domain, discipline, sector, or professional requirements. 67 of 142 • Establish risk tolerance levels for AI systems and allocate the appropriate oversight resources to each level. • Establish risk criteria in consideration of different sources of risk, (e.g., financial, operational, safety and wellbeing, business, reputational, and model risks) and different levels of risk (e.g., from negligible to critical). • Identify maximum allowable risk tolerance above which the system will not be deployed, or will need to be prematurely decommissioned, within the contextual or application setting. • Articulate and analyze tradeoffs across trustworthiness characteristics as relevant to proposed context of use. When tradeoffs arise, document them and plan for traceable actions (e.g.: impact mitigation, removal of system from development or use) to inform management decisions. • Review uses of AI systems for “off -label” purposes, especially in settings that organizations have deemed as high -risk. Document decisions, risk -related trade -offs, and system limitations. Transparency & Documentation Organizations can document the following • Which existing regulations and guidelines apply, and the entity has followed, in the development of system risk tolerances? • What criteria and assumptions has the entity utilized when developing system risk tolerances? • How has the entity identified maximum allowable risk tolerance? • What conditions and purposes are considered “off -label” for system use? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. References Board of Governors of the Federal Reserve System. SR 11 -7: Guidance on Model Risk Management. (April 4, 2011). The Office of the Comptroller of the Currency. Enterprise Risk Appetite Statement. (Nov. 20, 2019). Brenda Boultwood, How to Develop an Enterprise Risk -Rating Approach (Aug. 26, 2021). Global Association of Risk Professionals (garp.org). Accessed Jan. 4, 2023. Virginia Eubanks, 1972 -, Automating Inequality: How High -tech Tools Profile, Police, and Punish the Poor. New York, NY, St. Martin's Press, 2018. 68 of 142 GAO -17-63: Enterprise Risk Management: Selected Agencies’ Experiences Illustrate Good Practices in Managing Risk. NIST Risk Management Framework. MAP 1.6 System requirements (e.g., “the system shall respect the privacy of its users”) are elicited from and understood by relevant AI actors. Design decisions take socio -technical implications into account to address AI risks. About AI system development requirements may outpace documentation processes for traditional software. When written requirements are unavailable or incomplete, AI actors may inadvertently overlook business and stakeholder needs, over -rely on implicit human biases such as confirmation bias and groupthink, and maintain exclusive focus on computational requirements. Eliciting system requirements, designing for end users, and considering societal impacts early in the design phase is a priority that can enhance AI systems’ trustworthiness. Suggested Actions • Proactively incorporate trustworthy characteristics into system requirements. • Establish mechanisms for regular communication and feedback between relevant AI actors and internal or external stakeholders related to system design or deployment decisions. • Develop and standardize practices to assess potential impacts at all stages of the AI lifecycle, and in collaboration with interdisciplinary experts, actors external to the team that developed or deployed the AI system, and potentially impacted communities . • Include potentially impacted groups, communities and external entities (e.g. civil society organizations, research institutes, local community groups, and trade associations) in the formulation of priorities, definitions and outcomes during impact assessment activities. • Conduct qualitative interviews with end user(s) to regularly evaluate expectations and design plans related to Human -AI configurations and tasks. • Analyze dependencies between contextual factors and system requirements. List potential impacts that may arise from not fully considering the importance of trustworthiness characteristics in any decision making. • Follow responsible design techniques in tasks such as software engineering, product management, and participatory engagement. Some examples for eliciting and documenting stakeholder requirements include product requirement documents (PRDs), user stories, user interaction/user experience (UI/UX) research, systems engineering, ethnography and related field methods. 69 of 142 • Conduct user research to understand individuals, groups and communities that will be impacted by the AI, their values & context, and the role of systemic and historical biases. Integrate learnings into decisions about data selection and representation. Transparency & Documentation Organizations can document the following • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? • To what extent is this information sufficient and appropriate to promote transparency? Promote transparency by enabling external stakeholders to access information on the design, operation, and limitations of the AI system. • To what extent has relevant information been disclosed regarding the use of AI systems, such as (a) what the system is for, (b) what it is not for, (c) how it was designed, and (d) what its limitations are? (Documentation and external communication can offer a way for entities to provide transparency.) • How will the relevant AI actor(s) address changes in accuracy and precision due to either an adversary’s attempts to disrupt the AI system or unrelated changes in the operational/business environment, which may impact the accuracy of the AI system? • What metrics has the entity developed to measure performance of the AI system? • What justifications, if any, has the entity provided for the assumptions, boundaries, and limitations of the AI system? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Stakeholders in Explainable AI, Sep. 2018. • High -Level Expert Group on Artificial Intelligence set up by the European Commission, Ethics Guidelines for Trustworthy AI. References National Academies of Sciences, Engineering, and Medicine 2022. Fostering Responsible Computing Research: Foundations and Practices. Washington, DC: The National Academies Press. Abeba Birhane, William S. Isaac, Vinodkumar Prabhakaran, Mark Diaz, Madeleine Clare Elish, Iason Gabriel and Shakir Mohamed. “Power to the People? Opportunities and Challenges for Participatory AI.” Equity and Access in Algorithms, Mechanisms, and Optimization (2022). Amit K. Chopra, Fabiano Dalpiaz, F. Başak Aydemir, et al. 2014. Protos: Foundations for engineering innovative sociotechnical systems. In 2014 IEEE 22nd International Requirements Engineering Conference (RE) (2014), 53 -62. 70 of 142 Andrew D. Selbst, danah boyd, Sorelle A. Friedler, et al. 2019. Fairness and Abstraction in Sociotechnical Systems. In Proceedings of the Conference on Fairness, Accountability, and Transparency (FAT* '19). Association for Computing Machinery, New York, NY, USA, 59 –68. Gordon Baxter and Ian Sommerville. 2011. Socio -technical systems: From design methods to systems engineering. Interacting with Computers, 23, 1 (Jan. 2011), 4 –17. Roel Dobbe, Thomas Krendl Gilbert, and Yonatan Mintz. 2021. Hard choices in artificial intelligence. Artificial Intelligence 300 (14 July 2021), 103555, ISSN 0004 -3702. Yilin Huang, Giacomo Poderi, Sanja Šćepanović, et al. 2019. Embedding Internet -of-Things in Large -Scale Socio -technical Systems: A Community -Oriented Design in Future Smart Grids. In The Internet of Things for Smart Urban Ecosystems (2019), 125 -150. Springer, Cham. Victor Udoewa, (2022). An introduction to radical participatory design: decolonising participatory design processes. Design Science. 8. 10.1017/dsj.2022.24. MAP 2.1 The specific task, and methods used to implement the task, that the AI system will support is defined (e.g., classifiers, generative models, recommenders). About AI actors define the technical learning or decision -making task(s) an AI system is designed to accomplish, or the benefits that the system will provide. The clearer and narrower the task definition, the easier it is to map its benefits and risks, leading to more fulsome risk management. Suggested Actions • Define and document AI system’s existing and potential learning task(s) along with known assumptions and limitations. Transparency & Documentation Organizations can document the following • To what extent has the entity clearly defined technical specifications and requirements for the AI system? • To what extent has the entity documented the AI system’s development, testing methodology, metrics, and performance outcomes? • How do the technical specifications and requirements align with the AI system’s goals and objectives? • Did your organization implement accountability -based practices in data management and protection (e.g. the PDPA and OECD Privacy Principles)? • How are outputs marked to clearly show that they came from an AI? AI Transparency Resources • Datasheets for Datasets. 71 of 142 • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • ATARC Model Transparency Assessment (WD) – 2020. • Transparency in Artificial Intelligence - S. Larsson and F. Heintz – 2020. References Leong, Brenda (2020). The Spectrum of Artificial Intelligence - An Infographic Tool. Future of Privacy Forum. Brownlee, Jason (2020). A Tour of Machine Learning Algorithms. Machine Learning Mastery. MAP 2.2 Information about the AI system’s knowledge limits and how system output may be utilized and overseen by humans is documented. Documentation provides sufficient information to assist relevant AI actors when making informed decisions and taking subsequent actions. About An AI lifecycle consists of many interdependent activities involving a diverse set of actors that often do not have full visibility or control over other parts of the lifecycle and its associated contexts or risks. The interdependencies between these activities, and among the relevant AI actors and organizations, can make it difficult to reliably anticipate potential impacts of AI systems. For example, early decisions in identifying the purpose and objective of an AI system can alter its behavior and capabilities, and the dynamics of deployment setting (such as end users or impacted individuals) can shape the positive or negative impacts of AI system decisions. As a result, the best intentions within one dimension of the AI lifecycle can be undermined via interactions with decisions and conditions in other, later activities. This complexity and varying levels of visibility can introduce uncertainty. And, once deployed and in use, AI systems may sometimes perform poorly, manifest unanticipated negative impacts, or violate legal or ethical norms. These risks and incidents can result from a variety of factors. For example, downstream decisions can be influenced by end user over -trust or under -trust, and other complexities related to AI -supported decision -making. Anticipating, articulating, assessing and documenting AI systems’ knowledge limits and how system output may be utilized and overseen by humans can help mitigate the uncertainty associated with the realities of AI system deployments. Rigorous design processes include defining system knowledge limits, which are confirmed and refined based on TEVV processes. Suggested Actions • Document settings, environments and conditions that are outside the AI system’s intended use. 72 of 142 • Design for end user workflows and toolsets, concept of operations, and explainability and interpretability criteria in conjunction with end user(s) and associated qualitative feedback. • Plan and test human -AI configurations under close to real -world conditions and document results. • Follow stakeholder feedback processes to determine whether a system achieved its documented purpose within a given use context, and whether end users can correctly comprehend system outputs or results. • Document dependencies on upstream data and other AI systems, including if the specified system is an upstream dependency for another AI system or other data. • Document connections the AI system or data will have to external networks (including the internet), financial markets, and critical infrastructure that have potential for negative externalities. Identify and document negative impacts as part of considering the broader risk thresholds and subsequent go/no -go deployment as well as post - deployment decommissioning decisions. Transparency & Documentation Organizations can document the following • Does the AI system provide sufficient information to assist the personnel to make an informed decision and take actions accordingly? • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? • Based on the assessment, did your organization implement the appropriate level of human involvement in AI -augmented decision -making? AI Transparency Resources • Datasheets for Datasets. • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • ATARC Model Transparency Assessment (WD) – 2020. • Transparency in Artificial Intelligence - S. Larsson and F. Heintz – 2020. References Context of use International Standards Organization (ISO). 2019. ISO 9241 -210:2019 Ergonomics of human -system interaction — Part 210: Human -centred design for interactive systems. National Institute of Standards and Technology (NIST), Mary Theofanos, Yee -Yin Choong, et al. 2017. NIST Handbook 161 Usability Handbook for Public Safety Communications: Ensuring Successful Systems for First Responders. 73 of 142 Human -AI interaction Committee on Human -System Integration Research Topics for the 711th Human Performance Wing of the Air Force Research Laboratory and the National Academies of Sciences, Engineering, and Medicine. 2022. Human -AI Teaming: State -of-the-Art and Research Needs. Washington, D.C. National Academies Press. Human Readiness Level Scale in the System Development Process, American National Standards Institute and Human Factors and Ergonomics Society, ANSI/HFES 400 -2021 Microsoft Responsible AI Standard, v2. Saar Alon -Barkat, Madalina Busuioc, Human –AI Interactions in Public Sector Decision Making: “Automation Bias” and “Selective Adherence” to Algorithmic Advice, Journal of Public Administration Research and Theory, 2022;, muac007. Zana Buçinca, Maja Barbara Malaya, and Krzysztof Z. Gajos. 2021. To Trust or to Think: Cognitive Forcing Functions Can Reduce Overreliance on AI in AI -assisted Decision -making. Proc. ACM Hum. -Comput. Interact. 5, CSCW1, Article 188 (April 2021), 21 pages. Mary L. Cummings. 2006 Automation and accountability in decision support system interface design.The Journal of Technology Studies 32(1): 23 –31. Engstrom, D. F., Ho, D. E., Sharkey, C. M., & Cuéllar, M. F. (2020). Government by algorithm: Artificial intelligence in federal administrative agencies. NYU School of Law, Public Law Research Paper, (20 -54). Susanne Gaube, Harini Suresh, Martina Raue, et al. 2021. Do as AI say: susceptibility in deployment of clinical decision -aids. npj Digital Medicine 4, Article 31 (2021). Ben Green. 2021. The Flaws of Policies Requiring Human Oversight of Government Algorithms. Computer Law & Security Review 45 (26 Apr. 2021). Ben Green and Amba Kak. 2021. The False Comfort of Human Oversight as an Antidote to A.I. Harm. (June 15, 2021). Grgić -Hlača, N., Engel, C., & Gummadi, K. P. (2019). Human decision making with machine assistance: An experiment on bailing and jailing. Proceedings of the ACM on Human - Computer Interaction, 3(CSCW), 1 -25. Forough Poursabzi -Sangdeh, Daniel G Goldstein, Jake M Hofman, et al. 2021. Manipulating and Measuring Model Interpretability. In Proceedings of the 2021 CHI Conference on Human Factors in Computing Systems (CHI '21). Association for Computing Machinery, New York, NY, USA, Article 237, 1 –52. C. J. Smith (2019). Designing trustworthy AI: A human -machine teaming framework to guide development. arXiv preprint arXiv:1910.03515. 74 of 142 T. Warden, P. Carayon, EM et al. The National Academies Board on Human System Integration (BOHSI) Panel: Explainable AI, System Transparency, and Human Machine Teaming. Proceedings of the Human Factors and Ergonomics Society Annual Meeting. 2019;63(1):631 -635. doi:10.1177/1071181319631100. MAP 2.3 Scientific integrity and TEVV considerations are identified and documented, including those related to experimental design, data collection and selection (e.g., availability, representativeness, suitability), system trustworthiness, and construct validation. About Standard testing and evaluation protocols provide a basis to confirm assurance in a system that it is operating as designed and claimed. AI systems’ complexities create challenges for traditional testing and evaluation methodologies, which tend to be designed for static or isolated system performance. Opportunities for risk continue well beyond design and deployment, into system operation and application of system -enabled decisions. Testing and evaluation methodologies and metrics therefore address a continuum of activities. TEVV is enhanced when key metrics for performance, safety, and reliability are interpreted in a socio -technical context and not confined to the boundaries of the AI system pipeline. Other challenges for managing AI risks relate to dependence on large scale datasets, which can impact data quality and validity concerns. The difficulty of finding the “right” data may lead AI actors to select datasets based more on accessibility and availability than on suitability for operationalizing the phenomenon that the AI system intends to support or inform. Such decisions could contribute to an environment where the data used in processes is not fully representative of the populations or phenomena that are being modeled, introducing downstream risks. Practices such as dataset reuse may also lead to disconnect from the social contexts and time periods of their creation. This contributes to issues of validity of the underlying dataset for providing proxies, measures, or predictors within the model. Suggested Actions • Identify and document experiment design and statistical techniques that are valid for testing complex socio -technical systems like AI, which involve human factors, emergent properties, and dynamic context(s) of use. • Develop and apply TEVV protocols for models, system and its subcomponents, deployment, and operation. • Demonstrate and document that AI system performance and validation metrics are interpretable and unambiguous for downstream decision making tasks, and take socio - technical factors such as context of use into consideration. • Identify and document assumptions, techniques, and metrics used for testing and evaluation throughout the AI lifecycle including experimental design techniques for data collection, selection, and management practices in accordance with data governance policies established in GOVERN. 75 of 142 • Identify testing modules that can be incorporated throughout the AI lifecycle, and verify that processes enable corroboration by independent evaluators. • Establish mechanisms for regular communication and feedback among relevant AI actors and internal or external stakeholders related to the validity of design and deployment assumptions. • Establish mechanisms for regular communication and feedback between relevant AI actors and internal or external stakeholders related to the development of TEVV approaches throughout the lifecycle to detect and assess potentially harmful impacts • Document assumptions made and techniques used in data selection, curation, preparation and analysis, including: • identification of constructs and proxy targets, • development of indices – especially those operationalizing concepts that are inherently unobservable (e.g. “hireability,” “criminality.” “lendability”). • Map adherence to policies that address data and construct validity, bias, privacy and security for AI systems and verify documentation, oversight, and processes. • Identify and document transparent methods (e.g. causal discovery methods) for inferring causal relationships between constructs being modeled and dataset attributes or proxies. • Identify and document processes to understand and trace test and training data lineage and its metadata resources for mapping risks. • Document known limitations, risk mitigation efforts associated with, and methods used for, training data collection, selection, labeling, cleaning, and analysis (e.g. treatment of missing, spurious, or outlier data; biased estimators). • Establish and document practices to check for capabilities that are in excess of those that are planned for, such as emergent properties, and to revisit prior risk management steps in light of any new capabilities. • Establish processes to test and verify that design assumptions about the set of deployment contexts continue to be accurate and sufficiently complete. • Work with domain experts and other external AI actors to: • Gain and maintain contextual awareness and knowledge about how human behavior, organizational factors and dynamics, and society influence, and are represented in, datasets, processes, models, and system output. • Identify participatory approaches for responsible Human -AI configurations and oversight tasks, taking into account sources of cognitive bias. • Identify techniques to manage and mitigate sources of bias (systemic, computational, human - cognitive) in computational models and systems, and the assumptions and decisions in their development.. • Investigate and document potential negative impacts due related to the full product lifecycle and associated processes that may conflict with organizational values and principles. 76 of 142 Transparency & Documentation Organizations can document the following • Are there any known errors, sources of noise, or redundancies in the data? • Over what time -frame was the data collected? Does the collection time -frame match the creation time -frame • What is the variable selection and evaluation process? • How was the data collected? Who was involved in the data collection process? If the dataset relates to people (e.g., their attributes) or was generated by people, were they informed about the data collection? (e.g., datasets that collect writing, photos, interactions, transactions, etc.) • As time passes and conditions change, is the training data still representative of the operational environment? • Why was the dataset created? (e.g., were there specific tasks in mind, or a specific gap that needed to be filled?) • How does the entity ensure that the data collected are adequate, relevant, and not excessive in relation to the intended purpose? AI Transparency Resources • Datasheets for Datasets. • WEF Model AI Governance Framework Assessment 2020. • WEF Companion to the Model AI Governance Framework - 2020. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • ATARC Model Transparency Assessment (WD) – 2020. • Transparency in Artificial Intelligence - S. Larsson and F. Heintz – 2020. References Challenges with dataset selection Alexandra Olteanu, Carlos Castillo, Fernando Diaz, and Emre Kiciman. 2019. Social Data: Biases, Methodological Pitfalls, and Ethical Boundaries. Front. Big Data 2, 13 (11 July 2019). Amandalynne Paullada, Inioluwa Deborah Raji, Emily M. Bender, et al. 2020. Data and its (dis)contents: A survey of dataset development and use in machine learning research. arXiv:2012.05345. Catherine D'Ignazio and Lauren F. Klein. 2020. Data Feminism. The MIT Press, Cambridge, MA. Miceli, M., & Posada, J. (2022). The Data -Production Dispositif. ArXiv, abs/2205.11963. Barbara Plank. 2016. What to do about non -standard (or non -canonical) language in NLP. arXiv:1608.07836. 77 of 142 Dataset and test, evaluation, validation and verification (TEVV) processes in AI system development National Institute of Standards and Technology (NIST), Reva Schwartz, Apostol Vassilev, et al. 2022. NIST Special Publication 1270 Towards a Standard for Identifying and Managing Bias in Artificial Intelligence. Inioluwa Deborah Raji, Emily M. Bender, Amandalynne Paullada, et al. 2021. AI and the Everything in the Whole Wide World Benchmark. arXiv:2111.15366. Statistical balance Ziad Obermeyer, Brian Powers, Christine Vogeli, and Sendhil Mullainathan. 2019. Dissecting racial bias in an algorithm used to manage the health of populations. Science 366, 6464 (25 Oct. 2019), 447 -453. Amandalynne Paullada, Inioluwa Deborah Raji, Emily M. Bender, et al. 2020. Data and its (dis)contents: A survey of dataset development and use in machine learning research. arXiv:2012.05345. Solon Barocas, Anhong Guo, Ece Kamar, et al. 2021. Designing Disaggregated Evaluations of AI Systems: Choices, Considerations, and Tradeoffs. Proceedings of the 2021 AAAI/ACM Conference on AI, Ethics, and Society. Association for Computing Machinery, New York, NY, USA, 368 –378. Measurement and evaluation Abigail Z. Jacobs and Hanna Wallach. 2021. Measurement and Fairness. In Proceedings of the 2021 ACM Conference on Fairness, Accountability, and Transparency (FAccT ‘21). Association for Computing Machinery, New York, NY, USA, 375 –385. Ben Hutchinson, Negar Rostamzadeh, Christina Greer, et al. 2022. Evaluation Gaps in Machine Learning Practice. arXiv:2205.05256. Laura Freeman, "Test and evaluation for artificial intelligence." Insight 23.1 (2020): 27 -30. Existing frameworks National Institute of Standards and Technology. (2018). Framework for improving critical infrastructure cybersecurity. Kaitlin R. Boeckl and Naomi B. Lefkovitz. "NIST Privacy Framework: A Tool for Improving Privacy Through Enterprise Risk Management, Version 1.0." National Institute of Standards and Technology (NIST), January 16, 2020. MAP 3.1 Potential benefits of intended AI system functionality and performance are examined and documented. 78 of 142 About AI systems have enormous potential to improve quality of life, enhance economic prosperity and security costs. Organizations are encouraged to define and document system purpose and utility, and its potential positive impacts and benefits beyond current known performance benchmarks. It is encouraged that risk management and assessment of benefits and impacts include processes for regular and meaningful communication with potentially affected groups and communities. These stakeholders can provide valuable input related to systems’ benefits and possible limitations. Organizations may differ in the types and number of stakeholders with which they engage. Other approaches such as human -centered design (HCD) and value -sensitive design (VSD) can help AI teams to engage broadly with individuals and communities. This type of engagement can enable AI teams to learn about how a given technology may cause positive or negative impacts, that were not originally considered or intended. Suggested Actions • Utilize participatory approaches and engage with system end users to understand and document AI systems’ potential benefits, efficacy and interpretability of AI task output. • Maintain awareness and documentation of the individuals, groups, or communities who make up the system’s internal and external stakeholders. • Verify that appropriate skills and practices are available in -house for carrying out participatory activities such as eliciting, capturing, and synthesizing user, operator and external feedback, and translating it for AI design and development functions. • Establish mechanisms for regular communication and feedback between relevant AI actors and internal or external stakeholders related to system design or deployment decisions. • Consider performance to human baseline metrics or other standard benchmarks. • Incorporate feedback from end users, and potentially impacted individuals and communities about perceived system benefits . Transparency & Documentation Organizations can document the following • Have the benefits of the AI system been communicated to end users? • Have the appropriate training material and disclaimers about how to adequately use the AI system been provided to end users? • Has your organization implemented a risk management system to address risks involved in deploying the identified AI system (e.g. personnel risk or changes to commercial objectives)? AI Transparency Resources • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. 79 of 142 • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI – 2019. [LINK](https://altai.insight -centre.org/), References Roel Dobbe, Thomas Krendl Gilbert, and Yonatan Mintz. 2021. Hard choices in artificial intelligence. Artificial Intelligence 300 (14 July 2021), 103555, ISSN 0004 -3702. Samir Passi and Solon Barocas. 2019. Problem Formulation and Fairness. In Proceedings of the Conference on Fairness, Accountability, and Transparency (FAT* '19). Association for Computing Machinery, New York, NY, USA, 39 –48. Vincent T. Covello. 2021. Stakeholder Engagement and Empowerment. In Communicating in Risk, Crisis, and High Stress Situations (Vincent T. Covello, ed.), 87 -109. Yilin Huang, Giacomo Poderi, Sanja Šćepanović, et al. 2019. Embedding Internet -of-Things in Large -Scale Socio -technical Systems: A Community -Oriented Design in Future Smart Grids. In The Internet of Things for Smart Urban Ecosystems (2019), 125 -150. Springer, Cham. Eloise Taysom and Nathan Crilly. 2017. Resilience in Sociotechnical Systems: The Perspectives of Multiple Stakeholders. She Ji: The Journal of Design, Economics, and Innovation, 3, 3 (2017), 165 -182, ISSN 2405 -8726. MAP 3.2 Potential costs, including non -monetary costs, which result from expected or realized AI errors or system functionality and trustworthiness - as connected to organizational risk tolerance - are examined and documented. About Anticipating negative impacts of AI systems is a difficult task. Negative impacts can be due to many factors, such as system non -functionality or use outside of its operational limits, and may range from minor annoyance to serious injury, financial losses, or regulatory enforcement actions. AI actors can work with a broad set of stakeholders to improve their capacity for understanding systems’ potential impacts – and subsequently – systems’ risks. Suggested Actions • Perform context analysis to map potential negative impacts arising from not integrating trustworthiness characteristics. When negative impacts are not direct or obvious, AI actors can engage with stakeholders external to the team that developed or deployed the AI system, and potentially impacted communities, to examine and document: • Who could be harmed? • What could be harmed? • When could harm arise? • How could harm arise? 80 of 142 • Identify and implement procedures for regularly evaluating the qualitative and quantitative costs of internal and external AI system failures. Develop actions to prevent, detect, and/or correct potential risks and related impacts. Regularly evaluate failure costs to inform go/no -go deployment decisions throughout the AI system lifecycle. Transparency & Documentation Organizations can document the following • To what extent does the system/entity consistently measure progress towards stated goals and objectives? • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? • Have you documented and explained that machine errors may differ from human errors? AI Transparency Resources • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI – 2019. [LINK](https://altai.insight -centre.org/), References Abagayle Lee Blank. 2019. Computer vision machine learning and future -oriented ethics. Honors Project. Seattle Pacific University (SPU), Seattle, WA. Margarita Boyarskaya, Alexandra Olteanu, and Kate Crawford. 2020. Overcoming Failures of Imagination in AI Infused System Development and Deployment. arXiv:2011.13416. Jeff Patton. 2014. User Story Mapping. O'Reilly, Sebastopol, CA. Margarita Boenig -Liptsin, Anissa Tanweer & Ari Edmundson (2022) Data Science Ethos Lifecycle: Interplay of ethical thinking and data science practice, Journal of Statistics and Data Science Education, DOI: 10.1080/26939169.2022.2089411 J. Cohen, D. S. Katz, M. Barker, N. Chue Hong, R. Haines and C. Jay, "The Four Pillars of Research Software Engineering," in IEEE Software, vol. 38, no. 1, pp. 97 -105, Jan. -Feb. 2021, doi: 10.1109/MS.2020.2973362. National Academies of Sciences, Engineering, and Medicine 2022. Fostering Responsible Computing Research: Foundations and Practices. Washington, DC: The National Academies Press. MAP 3.3 Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization. 81 of 142 About Systems that function in a narrow scope tend to enable better mapping, measurement, and management of risks in the learning or decision -making tasks and the system context. A narrow application scope also helps ease TEVV functions and related resources within an organization. For example, large language models or open -ended chatbot systems that interact with the public on the internet have a large number of risks that may be difficult to map, measure, and manage due to the variability from both the decision -making task and the operational context. Instead, a task -specific chatbot utilizing templated responses that follow a defined “user journey” is a scope that can be more easily mapped, measured and managed. Suggested Actions • Consider narrowing contexts for system deployment, including factors related to: • How outcomes may directly or indirectly affect users, groups, communities and the environment. • Length of time the system is deployed in between re -trainings. • Geographical regions in which the system operates. • Dynamics related to community standards or likelihood of system misuse or abuses (either purposeful or unanticipated). • How AI system features and capabilities can be utilized within other applications, or in place of other existing processes. • Engage AI actors from legal and procurement functions when specifying target application scope. Transparency & Documentation Organizations can document the following • To what extent has the entity clearly defined technical specifications and requirements for the AI system? • How do the technical specifications and requirements align with the AI system’s goals and objectives? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI – 2019. [LINK](https://altai.insight -centre.org/), References Mark J. Van der Laan and Sherri Rose (2018). Targeted Learning in Data Science. Cham: Springer International Publishing, 2018. Alice Zheng. 2015. Evaluating Machine Learning Models (2015). O'Reilly. 82 of 142 Brenda Leong and Patrick Hall (2021). 5 things lawyers should know about artificial intelligence. ABA Journal. UK Centre for Data Ethics and Innovation, “The roadmap to an effective AI assurance ecosystem”. MAP 3.4 Processes for operator and practitioner proficiency with AI system performance and trustworthiness – and relevant technical standards and certifications – are defined, assessed and documented. About Human -AI configurations can span from fully autonomous to fully manual. AI systems can autonomously make decisions, defer decision -making to a human expert, or be used by a human decision -maker as an additional opinion. In some scenarios, professionals with expertise in a specific domain work in conjunction with an AI system towards a specific end goal —for example, a decision about another individual(s). Depending on the purpose of the system, the expert may interact with the AI system but is rarely part of the design or development of the system itself. These experts are not necessarily familiar with machine learning, data science, computer science, or other fields traditionally associated with AI design or development and - depending on the application - will likely not require such familiarity. For example, for AI systems that are deployed in health care delivery the experts are the physicians and bring their expertise about medicine —not data science, data modeling and engineering, or other computational factors. The challenge in these settings is not educating the end user about AI system capabilities, but rather leveraging, and not replacing, practitioner domain expertise. Questions remain about how to configure humans and automation for managing AI risks. Risk management is enhanced when organizations that design, develop or deploy AI systems for use by professional operators and practitioners: • are aware of these knowledge limitations and strive to identify risks in human -AI interactions and configurations across all contexts, and the potential resulting impacts, • define and differentiate the various human roles and responsibilities when using or interacting with AI systems, and • determine proficiency standards for AI system operation in proposed context of use, as enumerated in MAP -1 and established in GOVERN -3.2. Suggested Actions • Identify and declare AI system features and capabilities that may affect downstream AI actors’ decision -making in deployment and operational settings for example how system features and capabilities may activate known risks in various human -AI configurations, such as selective adherence. • Identify skills and proficiency requirements for operators, practitioners and other domain experts that interact with AI systems,Develop AI system operational 83 of 142 documentation for AI actors in deployed and operational environments, including information about known risks, mitigation criteria, and trustworthy characteristics enumerated in Map -1. • Define and develop training materials for proposed end users, practitioners and operators about AI system use and known limitations. • Define and develop certification procedures for operating AI systems within defined contexts of use, and information about what exceeds operational boundaries. • Include operators, practitioners and end users in AI system prototyping and testing activities to help inform operational boundaries and acceptable performance. Conduct testing activities under scenarios similar to deployment conditions. • Verify model output provided to AI system operators, practitioners and end users is interactive, and specified to context and user requirements defined in MAP -1. • Verify AI system output is interpretable and unambiguous for downstream decision making tasks. • Design AI system explanation complexity to match the level of problem and context complexity. • Verify that design principles are in place for safe operation by AI actors in decision - making environments. • Develop approaches to track human -AI configurations, operator, and practitioner outcomes for integration into continual improvement. Transparency & Documentation Organizations can document the following • What policies has the entity developed to ensure the use of the AI system is consistent with its stated values and principles? • How will the accountable human(s) address changes in accuracy and precision due to either an adversary’s attempts to disrupt the AI or unrelated changes in operational/business environment, which may impact the accuracy of the AI? • How does the entity assess whether personnel have the necessary skills, training, resources, and domain knowledge to fulfill their assigned responsibilities? • Are the relevant staff dealing with AI systems properly trained to interpret AI model output and decisions as well as to detect and manage bias in data? • What metrics has the entity developed to measure performance of various components? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • WEF Companion to the Model AI Governance Framework - 2020. References National Academies of Sciences, Engineering, and Medicine. 2022. Human -AI Teaming: State -of-the-Art and Research Needs. Washington, DC: The National Academies Press. 84 of 142 Human Readiness Level Scale in the System Development Process, American National Standards Institute and Human Factors and Ergonomics Society, ANSI/HFES 400 -2021. Human -Machine Teaming Systems Engineering Guide. P McDermott, C Dominguez, N Kasdaglis, M Ryan, I Trahan, A Nelson. MITRE Corporation, 2018. Saar Alon -Barkat, Madalina Busuioc, Human –AI Interactions in Public Sector Decision Making: “Automation Bias” and “Selective Adherence” to Algorithmic Advice, Journal of Public Administration Research and Theory, 2022;, muac007. Breana M. Carter -Browne, Susannah B. F. Paletz, Susan G. Campbell , Melissa J. Carraway, Sarah H. Vahlkamp, Jana Schwartz , Polly O’Rourke, “There is No “AI” in Teams: A Multidisciplinary Framework for AIs to Work in Human Teams; Applied Research Laboratory for Intelligence and Security (ARLIS) Report, June 2021. R Crootof, ME Kaminski, and WN Price II. Humans in the Loop (March 25, 2022). Vanderbilt Law Review, Forthcoming 2023, U of Colorado Law Legal Studies Research Paper No. 22 -10, U of Michigan Public Law Research Paper No. 22 -011. S Mo Jones -Jang, Yong Jin Park, How do people react to AI failure? Automation bias, algorithmic aversion, and perceived controllability, Journal of Computer -Mediated Communication, Volume 28, Issue 1, January 2023, zmac029. A Knack, R Carter and A Babuta, "Human -Machine Teaming in Intelligence Analysis: Requirements for developing trust in machine learning systems," CETaS Research Reports (December 2022). SD Ramchurn, S Stein , NR Jennings. Trustworthy human -AI partnerships. iScience. 2021;24(8):102891. Published 2021 Jul 24. doi:10.1016/j.isci.2021.102891. M. Veale, M. Van Kleek, and R. Binns, “Fairness and Accountability Design Needs for Algorithmic Support in High -Stakes Public Sector Decision -Making,” in Proceedings of the 2018 CHI Conference on Human Factors in Computing Systems - CHI ’18. Montreal QC, Canada: ACM Press, 2018, pp. 1 –14. MAP 3.5 Processes for human oversight are defined, assessed, and documented in accordance with organizational policies from GOVERN function. About As AI systems have evolved in accuracy and precision, computational systems have moved from being used purely for decision support —or for explicit use by and under the control of a human operator —to automated decision making with limited input from humans. Computational decision support systems augment another, typically human, system in making decisions.These types of configurations increase the likelihood of outputs being produced with little human involvement. 85 of 142 Defining and differentiating various human roles and responsibilities for AI systems’ governance, and differentiating AI system overseers and those using or interacting with AI systems can enhance AI risk management activities. In critical systems, high -stakes settings, and systems deemed high -risk it is of vital importance to evaluate risks and effectiveness of oversight procedures before an AI system is deployed. Ultimately, AI system oversight is a shared responsibility, and attempts to properly authorize or govern oversight practices will not be effective without organizational buy -in and accountability mechanisms, for example those suggested in the GOVERN function. Suggested Actions • Identify and document AI systems’ features and capabilities that require human oversight, in relation to operational and societal contexts, trustworthy characteristics, and risks identified in MAP -1. • Establish practices for AI systems’ oversight in accordance with policies developed in GOVERN -1. • Define and develop training materials for relevant AI Actors about AI system performance, context of use, known limitations and negative impacts, and suggested warning labels. • Include relevant AI Actors in AI system prototyping and testing activities. Conduct testing activities under scenarios similar to deployment conditions. • Evaluate AI system oversight practices for validity and reliability. When oversight practices undergo extensive updates or adaptations, retest, evaluate results, and course correct as necessary. • Verify that model documents contain interpretable descriptions of system mechanisms, enabling oversight personnel to make informed, risk -based decisions about system risks. Transparency & Documentation Organizations can document the following • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • How does the entity assess whether personnel have the necessary skills, training, resources, and domain knowledge to fulfill their assigned responsibilities? • Are the relevant staff dealing with AI systems properly trained to interpret AI model output and decisions as well as to detect and manage bias in data? • To what extent has the entity documented the AI system’s development, testing methodology, metrics, and performance outcomes? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. 86 of 142 References Ben Green, “The Flaws of Policies Requiring Human Oversight of Government Algorithms,” SSRN Journal, 2021. Luciano Cavalcante Siebert, Maria Luce Lupetti, Evgeni Aizenberg, Niek Beckers, Arkady Zgonnikov, Herman Veluwenkamp, David Abbink, Elisa Giaccardi, Geert -Jan Houben, Catholijn Jonker, Jeroen van den Hoven, Deborah Forster, & Reginald Lagendijk (2021). Meaningful human control: actionable properties for AI system development. AI and Ethics. Mary Cummings, (2014). Automation and Accountability in Decision Support System Interface Design. The Journal of Technology Studies. 32. 10.21061/jots.v32i1.a.4. Madeleine Elish, M. (2016). Moral Crumple Zones: Cautionary Tales in Human -Robot Interaction (WeRobot 2016). SSRN Electronic Journal. 10.2139/ssrn.2757236. R Crootof, ME Kaminski, and WN Price II. Humans in the Loop (March 25, 2022). Vanderbilt Law Review, Forthcoming 2023, U of Colorado Law Legal Studies Research Paper No. 22 -10, U of Michigan Public Law Research Paper No. 22 -011. [LINK](https://ssrn.com/abstract=4066781), Bogdana Rakova, Jingying Yang, Henriette Cramer, & Rumman Chowdhury (2020). Where Responsible AI meets Reality. Proceedings of the ACM on Human -Computer Interaction, 5, 1 - 23. MAP 4.1 Approaches for mapping AI technology and legal risks of its components – including the use of third -party data or software – are in place, followed, and documented, as are risks of infringement of a third -party’s intellectual property or other rights. About Technologies and personnel from third -parties are another potential sources of risk to consider during AI risk management activities. Such risks may be difficult to map since risk priorities or tolerances may not be the same as the deployer organization. For example, the use of pre -trained models, which tend to rely on large uncurated dataset or often have undisclosed origins, has raised concerns about privacy, bias, and unanticipated effects along with possible introduction of increased levels of statistical uncertainty, difficulty with reproducibility, and issues with scientific validity. Suggested Actions • Review audit reports, testing results, product roadmaps, warranties, terms of service, end user license agreements, contracts, and other documentation related to third -party entities to assist in value assessment and risk management activities. • Review third -party software release schedules and software change management plans (hotfixes, patches, updates, forward - and backward - compatibility guarantees) for irregularities that may contribute to AI system risks. 87 of 142 • Inventory third -party material (hardware, open -source software, foundation models, open source data, proprietary software, proprietary data, etc.) required for system implementation and maintenance. • Review redundancies related to third -party technology and personnel to assess potential risks due to lack of adequate support. Transparency & Documentation Organizations can document the following • Did you establish a process for third parties (e.g. suppliers, end users, subjects, distributors/vendors or workers) to report potential vulnerabilities, risks or biases in the AI system? • If your organization obtained datasets from a third party, did your organization assess and manage the risks of using such datasets? • How will the results be independently verified? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • WEF Model AI Governance Framework Assessment 2020. References Language models Emily M. Bender, Timnit Gebru, Angelina McMillan -Major, and Shmargaret Shmitchell. 2021. On the Dangers of Stochastic Parrots: Can Language Models Be Too Big? 🦜. In Proceedings of the 2021 ACM Conference on Fairness, Accountability, and Transparency (FAccT '21). Association for Computing Machinery, New York, NY, USA, 610 –623. Julia Kreutzer, Isaac Caswell, Lisa Wang, et al. 2022. Quality at a Glance: An Audit of Web - Crawled Multilingual Datasets. Transactions of the Association for Computational Linguistics 10 (2022), 50 –72. Laura Weidinger, Jonathan Uesato, Maribeth Rauh, et al. 2022. Taxonomy of Risks posed by Language Models. In 2022 ACM Conference on Fairness, Accountability, and Transparency (FAccT '22). Association for Computing Machinery, New York, NY, USA, 214 –229. Office of the Comptroller of the Currency. 2021. Comptroller's Handbook: Model Risk Management, Version 1.0, August 2021. Rishi Bommasani, Drew A. Hudson, Ehsan Adeli, et al. 2021. On the Opportunities and Risks of Foundation Models. arXiv:2108.07258. Jason Wei, Yi Tay, Rishi Bommasani, Colin Raffel, Barret Zoph, Sebastian Borgeaud, Dani Yogatama, Maarten Bosma, Denny Zhou, Donald Metzler, Ed H. Chi, Tatsunori Hashimoto, 88 of 142 Oriol Vinyals, Percy Liang, Jeff Dean, William Fedus. “Emergent Abilities of Large Language Models.” ArXiv abs/2206.07682 (2022). MAP 4.2 Internal risk controls for components of the AI system including third -party AI technologies are identified and documented. About In the course of their work, AI actors often utilize open -source, or otherwise freely available, third -party technologies – some of which may have privacy, bias, and security risks. Organizations may consider internal risk controls for these technology sources and build up practices for evaluating third -party material prior to deployment. Suggested Actions • Track third -parties preventing or hampering risk -mapping as indications of increased risk. • Supply resources such as model documentation templates and software safelists to assist in third -party technology inventory and approval activities. • Review third -party material (including data and models) for risks related to bias, data privacy, and security vulnerabilities. • Apply traditional technology risk controls – such as procurement, security, and data privacy controls – to all acquired third -party technologies. Transparency & Documentation Organizations can document the following • Can the AI system be audited by independent third parties? • To what extent do these policies foster public trust and confidence in the use of the AI system? • Are mechanisms established to facilitate the AI system’s auditability (e.g. traceability of the development process, the sourcing of training data and the logging of the AI system’s processes, outcomes, positive and negative impact)? AI Transparency Resources • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • WEF Model AI Governance Framework Assessment 2020. • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI - 2019. [LINK](https://altai.insight -centre.org/), References Office of the Comptroller of the Currency. 2021. Comptroller's Handbook: Model Risk Management, Version 1.0, August 2021. Retrieved on July 7, 2022. Proposed Interagency Guidance on Third -Party Relationships: Risk Management, 2021. 89 of 142 Kang, D., Raghavan, D., Bailis, P.D., & Zaharia, M.A. (2020). Model Assertions for Monitoring and Improving ML Models. ArXiv, abs/2003.01668. MAP 5.1 Likelihood and magnitude of each identified impact (both potentially beneficial and harmful) based on expected use, past uses of AI systems in similar contexts, public incident reports, feedback from those external to the team that developed or deployed the AI system, or other data are identified and documented. About AI actors can evaluate, document and triage the likelihood of AI system impacts identified in Map 5.1 Likelihood estimates may then be assessed and judged for go/no -go decisions about deploying an AI system. If an organization decides to proceed with deploying the system, the likelihood and magnitude estimates can be used to assign TEVV resources appropriate for the risk level. Suggested Actions • Establish assessment scales for measuring AI systems’ impact. Scales may be qualitative, such as red -amber -green (RAG), or may entail simulations or econometric approaches. Document and apply scales uniformly across the organization’s AI portfolio. • Apply TEVV regularly at key stages in the AI lifecycle, connected to system impacts and frequency of system updates. • Identify and document likelihood and magnitude of system benefits and negative impacts in relation to trustworthiness characteristics. • Establish processes for red teaming to identify and connect system limitations to AI lifecycle stage(s) and potential downstream impacts Transparency & Documentation Organizations can document the following • Which population(s) does the AI system impact? • What assessments has the entity conducted on trustworthiness characteristics for example data security and privacy impacts associated with the AI system? • Can the AI system be tested by independent third parties? AI Transparency Resources • Datasheets for Datasets. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • AI policies and initiatives, in Artificial Intelligence in Society, OECD, 2019. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI - 2019. [LINK](https://altai.insight -centre.org/), 90 of 142 References Emilio Gómez -González and Emilia Gómez. 2020. Artificial intelligence in medicine and healthcare. Joint Research Centre (European Commission). Artificial Intelligence Incident Database. 2022. Anthony M. Barrett, Dan Hendrycks, Jessica Newman and Brandie Nonnecke. “Actionable Guidance for High -Consequence AI Risk Management: Towards Standards Addressing AI Catastrophic Risks". ArXiv abs/2206.08966 (2022) Ganguli, D., et al. (2022). Red Teaming Language Models to Reduce Harms: Methods, Scaling Behaviors, and Lessons Learned. arXiv. https://arxiv.org/abs/2209.07858 Upol Ehsan, Q. Vera Liao, Samir Passi, Mark O. Riedl, and Hal Daumé. 2024. Seamful XAI: Operationalizing Seamful Design in Explainable AI. Proc. ACM Hum. -Comput. Interact. 8, CSCW1, Article 119. https://doi.org/10.1145/3637396 MAP 5.2 Practices and personnel for supporting regular engagement with relevant AI actors and integrating feedback about positive, negative, and unanticipated impacts are in place and documented. About AI systems are socio -technical in nature and can have positive, neutral, or negative implications that extend beyond their stated purpose. Negative impacts can be wide - ranging and affect individuals, groups, communities, organizations, and society, as well as the environment and national security. Organizations can create a baseline for system monitoring to increase opportunities for detecting emergent risks. After an AI system is deployed, engaging different stakeholder groups – who may be aware of, or experience, benefits or negative impacts that are unknown to AI actors involved in the design, development and deployment activities – allows organizations to understand and monitor system benefits and potential negative impacts more readily. Suggested Actions • Establish and document stakeholder engagement processes at the earliest stages of system formulation to identify potential impacts from the AI system on individuals, groups, communities, organizations, and society. • Employ methods such as value sensitive design (VSD) to identify misalignments between organizational and societal values, and system implementation and impact. • Identify approaches to engage, capture, and incorporate input from system end users and other key stakeholders to assist with continuous monitoring for potential impacts and emergent risks. 91 of 142 • Incorporate quantitative, qualitative, and mixed methods in the assessment and documentation of potential impacts to individuals, groups, communities, organizations, and society. • Identify a team (internal or external) that is independent of AI design and development functions to assess AI system benefits, positive and negative impacts and their likelihood and magnitude. • Evaluate and document stakeholder feedback to assess potential impacts for actionable insights regarding trustworthiness characteristics and changes in design approaches and principles. • Develop TEVV procedures that incorporate socio -technical elements and methods and plan to normalize across organizational culture. Regularly review and refine TEVV processes. Transparency & Documentation Organizations can document the following • If the AI system relates to people, does it unfairly advantage or disadvantage a particular social group? In what ways? How was this managed? • If the AI system relates to other ethically protected groups, have appropriate obligations been met? (e.g., medical data might include information collected from animals) • If the AI system relates to people, could this dataset expose people to harm or legal action? (e.g., financial social or otherwise) What was done to mitigate or reduce the potential for harm? AI Transparency Resources • Datasheets for Datasets. • GAO -21-519SP: AI Accountability Framework for Federal Agencies & Other Entities. • AI policies and initiatives, in Artificial Intelligence in Society, OECD, 2019. • Intel.gov: AI Ethics Framework for Intelligence Community - 2020. • Assessment List for Trustworthy AI (ALTAI) - The High -Level Expert Group on AI - 2019. [LINK](https://altai.insight -centre.org/), References Susanne Vernim, Harald Bauer, Erwin Rauch, et al. 2022. A value sensitive design approach for designing AI -based worker assistance systems in manufacturing. Procedia Comput. Sci. 200, C (2022), 505 –516. Harini Suresh and John V. Guttag. 2020. A Framework for Understanding Sources of Harm throughout the Machine Learning Life Cycle. arXiv:1901.10002. Retrieved from Margarita Boyarskaya, Alexandra Olteanu, and Kate Crawford. 2020. Overcoming Failures of Imagination in AI Infused System Development and Deployment. arXiv:2011.13416. Konstantinia Charitoudi and Andrew Blyth. A Socio -Technical Approach to Cyber Risk Management and Impact Assessment. Journal of Information Security 4, 1 (2013), 33 -41. 92 of 142 Raji, I.D., Smart, A., White, R.N., Mitchell, M., Gebru, T., Hutchinson, B., Smith -Loud, J., Theron, D., & Barnes, P. (2020). Closing the AI accountability gap: defining an end -to-end framework for internal algorithmic auditing. Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency. Emanuel Moss, Elizabeth Anne Watkins, Ranjit Singh, Madeleine Clare Elish, & Jacob Metcalf. 2021. Assemlbing Accountability: Algorithmic Impact Assessment for the Public Interest. Data & Society. Accessed 7/14/2022 at Shari Trewin (2018). AI Fairness for People with Disabilities: Point of View. ArXiv, abs/1811.10670. Ada Lovelace Institute. 2022. Algorithmic Impact Assessment: A Case Study in Healthcare. Accessed July 14, 2022. Microsoft Responsible AI Impact Assessment Template. 2022. Accessed July 14, 2022. Microsoft Responsible AI Impact Assessment Guide. 2022. Accessed July 14, 2022. Microsoft Responsible AI Standard, v2. Microsoft Research AI Fairness Checklist. PEAT AI & Disability Inclusion Toolkit – Risks of Bias and Discrimination in AI Hiring Tools. MEASURE 93 of 142 Measure Appropriate methods and metrics are identified and applied. MEASURE 1.1 Approaches and metrics for measurement of AI risks enumerated during the Map function are selected for implementation starting with the most significant AI risks. The risks or trustworthiness characteristics that will not – or cannot – be measured are properly documented. About The development and utility of trustworthy AI systems depends on reliable measurements and evaluations of underlying technologies and their use. Compared with traditional software systems, AI technologies bring new failure modes, inherent dependence on training data and methods which directly tie to data quality and representativeness. Additionally, AI systems are inherently socio -technical in nature, meaning they are influenced by societal dynamics and human behavior. AI risks – and benefits – can emerge from the interplay of technical aspects combined with societal factors related to how a system is used, its interactions with other AI systems, who operates it, and the social context in which it is deployed. In other words, What should be measured depends on the purpose, audience, and needs of the evaluations. These two factors influence selection of approaches and metrics for measurement of AI risks enumerated during the Map function. The AI landscape is evolving and so are the methods and metrics for AI measurement. The evolution of metrics is key to maintaining efficacy of the measures. Suggested Actions • Establish approaches for detecting, tracking and measuring known risks, errors, incidents or negative impacts. • Identify testing procedures and metrics to demonstrate whether or not the system is fit for purpose and functioning as claimed. • Identify testing procedures and metrics to demonstrate AI system trustworthiness • Define acceptable limits for system performance (e.g. distribution of errors), and include course correction suggestions if/when the system performs beyond acceptable limits. • Define metrics for, and regularly assess, AI actor competency for effective system operation, • Identify transparency metrics to assess whether stakeholders have access to necessary information about system design, development, deployment, use, and evaluation. • Utilize accountability metrics to determine whether AI designers, developers, and deployers maintain clear and transparent lines of responsibility and are open to inquiries. • Document metric selection criteria and include considered but unused metrics. 94 of 142 • Monitor AI system external inputs including training data, models developed for other contexts, system components reused from other contexts, and third -party tools and resources. • Report metrics to inform assessments of system generalizability and reliability. • Assess and document pre - vs post -deployment system performance. Include existing and emergent risks. • Document risks or trustworthiness characteristics identified in the Map function that will not be measured, including justification for non - measurement. Transparency & Documentation Organizations can document the following • How will the appropriate performance metrics, such as accuracy, of the AI be monitored after the AI is deployed? • What corrective actions has the entity taken to enhance the quality, accuracy, reliability, and representativeness of the data? • Are there recommended data splits or evaluation measures? (e.g., training, development, testing; accuracy/AUC) • Did your organization address usability problems and test whether user interfaces served their intended purposes? • What testing, if any, has the entity conducted on the AI system to identify errors and limitations (i.e. manual vs automated, adversarial and stress testing)? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • Datasheets for Datasets. References Sara R. Jordan. “Designing Artificial Intelligence Review Boards: Creating Risk Metrics for Review of AI.” 2019 IEEE International Symposium on Technology and Society (ISTAS), 2019. IEEE. “IEEE -1012 -2016: IEEE Standard for System, Software, and Hardware Verification and Validation.” IEEE Standards Association. ACM Technology Policy Council. “Statement on Principles for Responsible Algorithmic Systems.” Association for Computing Machinery (ACM), October 26, 2022. Perez, E., et al. (2022). Discovering Language Model Behaviors with Model -Written Evaluations. arXiv. https://arxiv.org/abs/2212.09251 Ganguli, D., et al. (2022). Red Teaming Language Models to Reduce Harms: Methods, Scaling Behaviors, and Lessons Learned. arXiv. https://arxiv.org/abs/2209.07858 95 of 142 David Piorkowski, Michael Hind, and John Richards. "Quantitative AI Risk Assessments: Opportunities and Challenges." arXiv preprint, submitted January 11, 2023. Daniel Schiff, Aladdin Ayesh, Laura Musikanski, and John C. Havens. “IEEE 7010: A New Standard for Assessing the Well -Being Implications of Artificial Intelligence.” 2020 IEEE International Conference on Systems, Man, and Cybernetics (SMC), 2020. MEASURE 1.2 Appropriateness of AI metrics and effectiveness of existing controls is regularly assessed and updated including reports of errors and impacts on affected communities. About Different AI tasks, such as neural networks or natural language processing, benefit from different evaluation techniques. Use -case and particular settings in which the AI system is used also affects appropriateness of the evaluation techniques. Changes in the operational settings, data drift, model drift are among factors that suggest regularly assessing and updating appropriateness of AI metrics and their effectiveness can enhance reliability of AI system measurements. Suggested Actions • Assess external validity of all measurements (e.g., the degree to which measurements taken in one context can generalize to other contexts). • Assess effectiveness of existing metrics and controls on a regular basis throughout the AI system lifecycle. • Document reports of errors, incidents and negative impacts and assess sufficiency and efficacy of existing metrics for repairs, and upgrades • Develop new metrics when existing metrics are insufficient or ineffective for implementing repairs and upgrades. • Develop and utilize metrics to monitor, characterize and track external inputs, including any third -party tools. • Determine frequency and scope for sharing metrics and related information with stakeholders and impacted communities. • Utilize stakeholder feedback processes established in the Map function to capture, act upon and share feedback from end users and potentially impacted communities. • Collect and report software quality metrics such as rates of bug occurrence and severity, time to response, and time to repair (See Manage 4.3). Transparency & Documentation Organizations can document the following • What metrics has the entity developed to measure performance of the AI system? • To what extent do the metrics provide accurate and useful measure of performance? • What corrective actions has the entity taken to enhance the quality, accuracy, reliability, and representativeness of the data? 96 of 142 • How will the accuracy or appropriate performance metrics be assessed? • What is the justification for the metrics selected? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References ACM Technology Policy Council. “Statement on Principles for Responsible Algorithmic Systems.” Association for Computing Machinery (ACM), October 26, 2022. Trevor Hastie, Robert Tibshirani, and Jerome Friedman. The Elements of Statistical Learning: Data Mining, Inference, and Prediction. 2nd ed. Springer -Verlag, 2009. Harini Suresh and John Guttag. “A Framework for Understanding Sources of Harm Throughout the Machine Learning Life Cycle.” Equity and Access in Algorithms, Mechanisms, and Optimization, October 2021. Christopher M. Bishop. Pattern Recognition and Machine Learning. New York: Springer, 2006. Solon Barocas, Anhong Guo, Ece Kamar, Jacquelyn Krones, Meredith Ringel Morris, Jennifer Wortman Vaughan, W. Duncan Wadsworth, and Hanna Wallach. “Designing Disaggregated Evaluations of AI Systems: Choices, Considerations, and Tradeoffs.” Proceedings of the 2021 AAAI/ACM Conference on AI, Ethics, and Society, July 2021, 368 –78. MEASURE 1.3 Internal experts who did not serve as front -line developers for the system and/or independent assessors are involved in regular assessments and updates. Domain experts, users, AI actors external to the team that developed or deployed the AI system, and affected communities are consulted in support of assessments as necessary per organizational risk tolerance. About The current AI systems are brittle, the failure modes are not well described, and the systems are dependent on the context in which they were developed and do not transfer well outside of the training environment. A reliance on local evaluations will be necessary along with a continuous monitoring of these systems. Measurements that extend beyond classical measures (which average across test cases) or expand to focus on pockets of failures where there are potentially significant costs can improve the reliability of risk management activities. Feedback from affected communities about how AI systems are being used can make AI evaluation purposeful. Involving internal experts who did not serve as front -line developers for the system and/or independent assessors regular assessments of AI systems helps a fulsome characterization of AI systems’ performance and trustworthiness . 97 of 142 Suggested Actions • Evaluate TEVV processes regarding incentives to identify risks and impacts. • Utilize separate testing teams established in the Govern function (2.1 and 4.1) to enable independent decisions and course -correction for AI systems. Track processes and measure and document change in performance. • Plan and evaluate AI system prototypes with end user populations early and continuously in the AI lifecycle. Document test outcomes and course correct. • Assess independence and stature of TEVV and oversight AI actors, to ensure they have the required levels of independence and resources to perform assurance, compliance, and feedback tasks effectively • Evaluate interdisciplinary and demographically diverse internal team established in Map 1.2 • Evaluate effectiveness of external stakeholder feedback mechanisms, specifically related to processes for eliciting, evaluating and integrating input from diverse groups. • Evaluate effectiveness of external stakeholder feedback mechanisms for enhancing AI actor visibility and decision making regarding AI system risks and trustworthy characteristics. • Identify and utilize participatory approaches for assessing impacts that may arise from changes in system deployment (e.g., introducing new technology, decommissioning algorithms and models, adapting system, model or algorithm) Transparency & Documentation Organizations can document the following • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • How easily accessible and current is the information available to external stakeholders? • To what extent does the entity communicate its AI strategic goals and objectives to the community of stakeholders? • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? • To what extent is this information sufficient and appropriate to promote transparency? Do external stakeholders have access to information on the design, operation, and limitations of the AI system? • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. 98 of 142 References Board of Governors of the Federal Reserve System. “SR 11 -7: Guidance on Model Risk Management.” April 4, 2011. “Definition of independent verification and validation (IV&V)”, in IEEE 1012, IEEE Standard for System, Software, and Hardware Verification and Validation. Annex C, Mona Sloane, Emanuel Moss, Olaitan Awomolo, and Laura Forlano. “Participation Is Not a Design Fix for Machine Learning.” Equity and Access in Algorithms, Mechanisms, and Optimization, October 2022. Rediet Abebe and Kira Goldner. “Mechanism Design for Social Good.” AI Matters 4, no. 3 (October 2018): 27 –34. Upol Ehsan, Ranjit Singh, Jacob Metcalf and Mark O. Riedl. “The Algorithmic Imprint.” Proceedings of the 2022 ACM Conference on Fairness, Accountability, and Transparency (2022). MEASURE 2.1 Test sets, metrics, and details about the tools used during test, evaluation, validation, and verification (TEVV) are documented. About Documenting measurement approaches, test sets, metrics, processes and materials used, and associated details builds foundation upon which to build a valid, reliable measurement process. Documentation enables repeatability and consistency, and can enhance AI risk management decisions. Suggested Actions • Leverage existing industry best practices for transparency and documentation of all possible aspects of measurements. Examples include: data sheet for data sets, model cards • Regularly assess the effectiveness of tools used to document measurement approaches, test sets, metrics, processes and materials used • Update the tools as needed Transparency & Documentation Organizations can document the following • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? • To what extent has the entity documented the AI system’s development, testing methodology, metrics, and performance outcomes? 99 of 142 AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework - WEF - Companion to the Model AI Governance Framework, 2020. References Emily M. Bender and Batya Friedman. “Data Statements for Natural Language Processing: Toward Mitigating System Bias and Enabling Better Science.” Transactions of the Association for Computational Linguistics 6 (2018): 587 –604. Margaret Mitchell, Simone Wu, Andrew Zaldivar, Parker Barnes, Lucy Vasserman, Ben Hutchinson, Elena Spitzer, Inioluwa Deborah Raji, and Timnit Gebru. “Model Cards for Model Reporting.” FAT *19: Proceedings of the Conference on Fairness, Accountability, and Transparency, January 2019, 220 –29. IEEE Computer Society. “Software Engineering Body of Knowledge Version 3: IEEE Computer Society.” IEEE Computer Society. IEEE. “IEEE -1012 -2016: IEEE Standard for System, Software, and Hardware Verification and Validation.” IEEE Standards Association. Board of Governors of the Federal Reserve System. “SR 11 -7: Guidance on Model Risk Management.” April 4, 2011. Abigail Z. Jacobs and Hanna Wallach. “Measurement and Fairness.” FAccT '21: Proceedings of the 2021 ACM Conference on Fairness, Accountability, and Transparency, March 2021, 375–85. Jeanna Matthews, Bruce Hedin, Marc Canellas. Trustworthy Evidence for Trustworthy Technology: An Overview of Evidence for Assessing the Trustworthiness of Autonomous and Intelligent Systems. IEEE -USA, September 29 2022. Roel Dobbe, Thomas Krendl Gilbert, and Yonatan Mintz. “Hard Choices in Artificial Intelligence.” Artificial Intelligence 300 (November 2021). MEASURE 2.2 Evaluations involving human subjects meet applicable requirements (including human subject protection) and are representative of the relevant population. About Measurement and evaluation of AI systems often involves testing with human subjects or using data captured from human subjects. Protection of human subjects is required by law when carrying out federally funded research, and is a domain specific requirement for some disciplines. Standard human subjects protection procedures include protecting the welfare 100 of 142 and interests of human subjects, designing evaluations to minimize risks to subjects, and completion of mandatory training regarding legal requirements and expectations. Evaluations of AI system performance that utilize human subjects or human subject data should reflect the population within the context of use. AI system activities utilizing non - representative data may lead to inaccurate assessments or negative and harmful outcomes. It is often difficult – and sometimes impossible, to collect data or perform evaluation tasks that reflect the full operational purview of an AI system. Methods for collecting, annotating, or using these data can also contribute to the challenge. To counteract these challenges, organizations can connect human subjects data collection, and dataset practices, to AI system contexts and purposes and do so in close collaboration with AI Actors from the relevant domains. Suggested Actions • Follow human subjects research requirements as established by organizational and disciplinary requirements, including informed consent and compensation, during dataset collection activities. • Analyze differences between intended and actual population of users or data subjects, including likelihood for errors, incidents or negative impacts. • Utilize disaggregated evaluation methods (e.g. by race, age, gender, ethnicity, ability, region) to improve AI system performance when deployed in real world settings. • Establish thresholds and alert procedures for dataset representativeness within the context of use. • Construct datasets in close collaboration with experts with knowledge of the context of use. • Follow intellectual property and privacy rights related to datasets and their use, including for the subjects represented in the data. • Evaluate data representativeness through • investigating known failure modes, • assessing data quality and diverse sourcing, • applying public benchmarks, • traditional bias testing, • chaos engineering, • stakeholder feedback • Use informed consent for individuals providing data used in system testing and evaluation. Transparency & Documentation Organizations can document the following • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? 101 of 142 • How has the entity identified and mitigated potential impacts of bias in the data, including inequitable or discriminatory outcomes? • To what extent are the established procedures effective in mitigating bias, inequity, and other concerns resulting from the system? • To what extent has the entity identified and mitigated potential bias —statistical, contextual, and historical —in the data? • If it relates to people, were they told what the dataset would be used for and did they consent? What community norms exist for data collected from human communications? If consent was obtained, how? Were the people provided with any mechanism to revoke their consent in the future or for certain uses? • If human subjects were used in the development or testing of the AI system, what protections were put in place to promote their safety and wellbeing?. AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework - WEF - Companion to the Model AI Governance Framework, 2020. • Datasheets for Datasets. References United States Department of Health, Education, and Welfare's National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research. Volume II. United States Department of Health and Human Services Office for Human Research Protections. April 18, 1979. Office for Human Research Protections (OHRP). “45 CFR 46.” United States Department of Health and Human Services Office for Human Research Protections, March 10, 2021. Office for Human Research Protections (OHRP). “Human Subject Regulations Decision Chart.” United States Department of Health and Human Services Office for Human Research Protections, June 30, 2020. Jacob Metcalf and Kate Crawford. “Where Are Human Subjects in Big Data Research? The Emerging Ethics Divide.” Big Data and Society 3, no. 1 (2016). Boaz Shmueli, Jan Fell, Soumya Ray, and Lun -Wei Ku. "Beyond Fair Pay: Ethical Implications of NLP Crowdsourcing." arXiv preprint, submitted April 20, 2021. Divyansh Kaushik, Zachary C. Lipton, and Alex John London. "Resolving the Human Subjects Status of Machine Learning's Crowdworkers." arXiv preprint, submitted June 8, 2022. 102 of 142 Office for Human Research Protections (OHRP). “International Compilation of Human Research Standards.” United States Department of Health and Human Services Office for Human Research Protections, February 7, 2022. National Institutes of Health. “Definition of Human Subjects Research.” NIH Central Resource for Grants and Funding Information, January 13, 2020. Joy Buolamwini and Timnit Gebru. “Gender Shades: Intersectional Accuracy Disparities in Commercial Gender Classification.” Proceedings of the 1st Conference on Fairness, Accountability and Transparency in PMLR 81 (2018): 77 –91. Eun Seo Jo and Timnit Gebru. “Lessons from Archives: Strategies for Collecting Sociocultural Data in Machine Learning.” FAT* '20: Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency, January 2020, 306 –16. Marco Gerardi, Katarzyna Barud, Marie -Catherine Wagner, Nikolaus Forgo, Francesca Fallucchi, Noemi Scarpato, Fiorella Guadagni, and Fabio Massimo Zanzotto. "Active Informed Consent to Boost the Application of Machine Learning in Medicine." arXiv preprint, submitted September 27, 2022. Shari Trewin. "AI Fairness for People with Disabilities: Point of View." arXiv preprint, submitted November 26, 2018. Andrea Brennen, Ryan Ashley, Ricardo Calix, JJ Ben -Joseph, George Sieniawski, Mona Gogia, and BNH.AI. AI Assurance Audit of RoBERTa, an Open source, Pretrained Large Language Model. IQT Labs, December 2022. MEASURE 2.3 AI system performance or assurance criteria are measured qualitatively or quantitatively and demonstrated for conditions similar to deployment setting(s). Measures are documented. About The current risk and impact environment suggests AI system performance estimates are insufficient and require a deeper understanding of deployment context of use. Computationally focused performance testing and evaluation schemes are restricted to test data sets and in silico techniques. These approaches do not directly evaluate risks and impacts in real world environments and can only predict what might create impact based on an approximation of expected AI use. To properly manage risks, more direct information is necessary to understand how and under what conditions deployed AI creates impacts, who is most likely to be impacted, and what that experience is like. Suggested Actions • Conduct regular and sustained engagement with potentially impacted communities • Maintain a demographically diverse and multidisciplinary and collaborative internal team 103 of 142 • Regularly test and evaluate systems in non -optimized conditions, and in collaboration with AI actors in user interaction and user experience (UI/UX) roles. • Evaluate feedback from stakeholder engagement activities, in collaboration with human factors and socio -technical experts. • Collaborate with socio -technical, human factors, and UI/UX experts to identify notable characteristics in context of use that can be translated into system testing scenarios. • Measure AI systems prior to deployment in conditions similar to expected scenarios. • Measure and document performance criteria such as validity (false positive rate, false negative rate, etc.) and efficiency (training times, prediction latency, etc.) related to ground truth within the deployment context of use. • Measure assurance criteria such as AI actor competency and experience. • Document differences between measurement setting and the deployment environment(s). Transparency & Documentation Organizations can document the following • What experiments were initially run on this dataset? To what extent have experiments on the AI system been documented? • To what extent does the system/entity consistently measure progress towards stated goals and objectives? • How will the appropriate performance metrics, such as accuracy, of the AI be monitored after the AI is deployed? How much distributional shift or model drift from baseline performance is acceptable? • As time passes and conditions change, is the training data still representative of the operational environment? • What testing, if any, has the entity conducted on theAI system to identify errors and limitations (i.e.adversarial or stress testing)? AI Transparency Resources • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework - WEF - Companion to the Model AI Governance Framework, 2020. • Datasheets for Datasets. References Trevor Hastie, Robert Tibshirani, and Jerome Friedman. The Elements of Statistical Learning: Data Mining, Inference, and Prediction. 2nd ed. Springer -Verlag, 2009. Jessica Zosa Forde, A. Feder Cooper, Kweku Kwegyir -Aggrey, Chris De Sa, and Michael Littman. "Model Selection's Disparate Impact in Real -World Deep Learning Applications." arXiv preprint, submitted September 7, 2021. 104 of 142 Inioluwa Deborah Raji, I. Elizabeth Kumar, Aaron Horowitz, and Andrew Selbst. “The Fallacy of AI Functionality.” FAccT '22: 2022 ACM Conference on Fairness, Accountability, and Transparency, June 2022, 959 –72. Amandalynne Paullada, Inioluwa Deborah Raji, Emily M. Bender, Emily Denton, and Alex Hanna. “Data and Its (Dis)Contents: A Survey of Dataset Development and Use in Machine Learning Research.” Patterns 2, no. 11 (2021): 100336. Christopher M. Bishop. Pattern Recognition and Machine Learning. New York: Springer, 2006. Md Johirul Islam, Giang Nguyen, Rangeet Pan, and Hridesh Rajan. "A Comprehensive Study on Deep Learning Bug Characteristics." arXiv preprint, submitted June 3, 2019. Swaroop Mishra, Anjana Arunkumar, Bhavdeep Sachdeva, Chris Bryan, and Chitta Baral. "DQI: Measuring Data Quality in NLP." arXiv preprint, submitted May 2, 2020. Doug Wielenga. "Paper 073 -2007: Identifying and Overcoming Common Data Mining Mistakes." SAS Global Forum 2007: Data Mining and Predictive Modeling, SAS Institute, 2007. Software Resources • Drifter library (performance assessment) • Manifold library (performance assessment) • MLextend library (performance assessment) • PiML library (explainable models, performance assessment) • SALib library (performance assessment) • What -If Tool (performance assessment) MEASURE 2.4 The functionality and behavior of the AI system and its components – as identified in the MAP function – are monitored when in production. About AI systems may encounter new issues and risks while in production as the environment evolves over time. This effect, often referred to as “drift”, means AI systems no longer meet the assumptions and limitations of the original design. Regular monitoring allows AI Actors to monitor the functionality and behavior of the AI system and its components – as identified in the MAP function - and enhance the speed and efficacy of necessary system interventions. Suggested Actions • Monitor and document how metrics and performance indicators observed in production differ from the same metrics collected during pre -deployment testing. When differences are observed, consider error propagation and feedback loop risks. 105 of 142 • Utilize hypothesis testing or human domain expertise to measure monitored distribution differences in new input or output data relative to test environments • Monitor for anomalies using approaches such as control limits, confidence intervals, integrity constraints and ML algorithms. When anomalies are observed, consider error propagation and feedback loop risks. • Verify alerts are in place for when distributions in new input data or generated predictions observed in production differ from pre -deployment test outcomes, or when anomalies are detected. • Assess the accuracy and quality of generated outputs against new collected ground - truth information as it becomes available. • Utilize human review to track processing of unexpected data and reliability of generated outputs; warn system users when outputs may be unreliable. Verify that human overseers responsible for these processes have clearly defined responsibilities and training for specified tasks. • Collect uses cases from the operational environment for system testing and monitoring activities in accordance with organizational policies and regulatory or disciplinary requirements (e.g. informed consent, institutional review board approval, human research protections), Transparency & Documentation Organizations can document the following • To what extent is the output of each component appropriate for the operational context? • What justifications, if any, has the entity provided for the assumptions, boundaries, and limitations of the AI system? • How will the appropriate performance metrics, such as accuracy, of the AI be monitored after the AI is deployed? • As time passes and conditions change, is the training data still representative of the operational environment? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References Luca Piano, Fabio Garcea, Valentina Gatteschi, Fabrizio Lamberti, and Lia Morra. “Detecting Drift in Deep Learning: A Methodology Primer.” IT Professional 24, no. 5 (2022): 53 –60. Larysa Visengeriyeva, et al. “Awesome MLOps.“ GitHub. 106 of 142 MEASURE 2.5 The AI system to be deployed is demonstrated to be valid and reliable. Limitations of the generalizability beyond the conditions under which the technology was developed are documented. About An AI system that is not validated or that fails validation may be inaccurate or unreliable or may generalize poorly to data and settings beyond its training, creating and increasing AI risks and reducing trustworthiness. AI Actors can improve system validity by creating processes for exploring and documenting system limitations. This includes broad consideration of purposes and uses for which the system was not designed. Validation risks include the use of proxies or other indicators that are often constructed by AI development teams to operationalize phenomena that are either not directly observable or measurable (e.g, fairness, hireability, honesty, propensity to commit a crime). Teams can mitigate these risks by demonstrating that the indicator is measuring the concept it claims to measure (also known as construct validity). Without this and other types of validation, various negative properties or impacts may go undetected, including the presence of confounding variables, potential spurious correlations, or error propagation and its potential impact on other interconnected systems. Suggested Actions • Define the operating conditions and socio -technical context under which the AI system will be validated. • Define and document processes to establish the system’s operational conditions and limits. • Establish or identify, and document approaches to measure forms of validity, including: • construct validity (the test is measuring the concept it claims to measure) • internal validity (relationship being tested is not influenced by other factors or variables) • external validity (results are generalizable beyond the training condition) • the use of experimental design principles and statistical analyses and modeling. • Assess and document system variance. Standard approaches include confidence intervals, standard deviation, standard error, bootstrapping, or cross -validation. • Establish or identify, and document robustness measures. • Establish or identify, and document reliability measures. • Establish practices to specify and document the assumptions underlying measurement models to ensure proxies accurately reflect the concept being measured. • Utilize standard software testing approaches (e.g. unit, integration, functional and chaos testing, computer -generated test cases, etc.) • Utilize standard statistical methods to test bias, inferential associations, correlation, and covariance in adopted measurement models. 107 of 142 • Utilize standard statistical methods to test variance and reliability of system outcomes. • Monitor operating conditions for system performance outside of defined limits. • Identify TEVV approaches for exploring AI system limitations, including testing scenarios that differ from the operational environment. Consult experts with knowledge of specific context of use. • Define post -alert actions. Possible actions may include: • alerting other relevant AI actors before action, • requesting subsequent human review of action, • alerting downstream users and stakeholder that the system is operating outside it’s defined validity limits, • tracking and mitigating possible error propagation • action logging • Log input data and relevant system configuration information whenever there is an attempt to use the system beyond its well -defined range of system validity. • Modify the system over time to extend its range of system validity to new operating conditions. Transparency & Documentation Organizations can document the following • What testing, if any, has the entity conducted on theAI system to identify errors and limitations (i.e.adversarial or stress testing)? • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? • How has the entity identified and mitigated potential impacts of bias in the data, including inequitable or discriminatory outcomes? • To what extent are the established procedures effective in mitigating bias, inequity, and other concerns resulting from the system? • What goals and objectives does the entity expect to achieve by designing, developing, and/or deploying the AI system? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. References Abigail Z. Jacobs and Hanna Wallach. “Measurement and Fairness.” FAccT '21: Proceedings of the 2021 ACM Conference on Fairness, Accountability, and Transparency, March 2021, 375–85. Debugging Machine Learning Models. Proceedings of ICLR 2019 Workshop, May 6, 2019, New Orleans, Louisiana. 108 of 142 Patrick Hall. “Strategies for Model Debugging.” Towards Data Science, November 8, 2019. Suchi Saria and Adarsh Subbaswamy. "Tutorial: Safe and Reliable Machine Learning." arXiv preprint, submitted April 15, 2019. Google Developers. “Overview of Debugging ML Models.” Google Developers Machine Learning Foundational Courses, n.d. R. Mohanani, I. Salman, B. Turhan, P. Rodríguez and P. Ralph, "Cognitive Biases in Software Engineering: A Systematic Mapping Study," in IEEE Transactions on Software Engineering, vol. 46, no. 12, pp. 1318 -1339, Dec. 2020, Software Resources • Drifter library (performance assessment) • Manifold library (performance assessment) • MLextend library (performance assessment) • PiML library (explainable models, performance assessment) • SALib library (performance assessment) • What -If Tool (performance assessment) MEASURE 2.6 AI system is evaluated regularly for safety risks – as identified in the MAP function. The AI system to be deployed is demonstrated to be safe, its residual negative risk does not exceed the risk tolerance, and can fail safely, particularly if made to operate beyond its knowledge limits. Safety metrics implicate system reliability and robustness, real -time monitoring, and response times for AI system failures. About Many AI systems are being introduced into settings such as transportation, manufacturing or security, where failures may give rise to various physical or environmental harms. AI systems that may endanger human life, health, property or the environment are tested thoroughly prior to deployment, and are regularly evaluated to confirm the system is safe during normal operations, and in settings beyond its proposed use and knowledge limits. Measuring activities for safety often relate to exhaustive testing in development and deployment contexts, understanding the limits of a system’s reliable, robust, and safe behavior, and real -time monitoring of various aspects of system performance. These activities are typically conducted along with other risk mapping, management, and governance tasks such as avoiding past failed designs, establishing and rehearsing incident response plans that enable quick responses to system problems, the instantiation of redundant functionality to cover failures, and transparent and accountable governance. System safety incidents or failures are frequently reported to be related to organizational dynamics and culture. Independent auditors may bring important independent perspectives for reviewing evidence of AI system safety. 109 of 142 Suggested Actions • Thoroughly measure system performance in development and deployment contexts, and under stress conditions. • Employ test data assessments and simulations before proceeding to production testing. Track multiple performance quality and error metrics. • Stress -test system performance under likely scenarios (e.g., concept drift, high load) and beyond known limitations, in consultation with domain experts. • Test the system under conditions similar to those related to past known incidents or near -misses and measure system performance and safety characteristics • Apply chaos engineering approaches to test systems in extreme conditions and gauge unexpected responses. • Document the range of conditions under which the system has been tested and demonstrated to fail safely. • Measure and monitor system performance in real -time to enable rapid response when AI system incidents are detected. • Collect pertinent safety statistics (e.g., out -of-range performance, incident response times, system down time, injuries, etc.) in anticipation of potential information sharing with impacted communities or as required by AI system oversight personnel. • Align measurement to the goal of continuous improvement. Seek to increase the range of conditions under which the system is able to fail safely through system modifications in response to in -production testing and events. • Document, practice and measure incident response plans for AI system incidents, including measuring response and down times. • Compare documented safety testing and monitoring information with established risk tolerances on an on -going basis. • Consult MANAGE for detailed information related to managing safety risks. Transparency & Documentation Organizations can document the following • What testing, if any, has the entity conducted on the AI system to identify errors and limitations (i.e.adversarial or stress testing)? • To what extent has the entity documented the AI system’s development, testing methodology, metrics, and performance outcomes? • Did you establish mechanisms that facilitate the AI system’s auditability (e.g. traceability of the development process, the sourcing of training data and the logging of the AI system’s processes, outcomes, positive and negative impact)? • Did you ensure that the AI system can be audited by independent third parties? • Did you establish a process for third parties (e.g. suppliers, end -users, subjects, distributors/vendors or workers) to report potential vulnerabilities, risks or biases in the AI system? 110 of 142 AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References AI Incident Database. 2022. AIAAIC Repository. 2022. Netflix. Chaos Monkey. IBM. “IBM's Principles of Chaos Engineering.” IBM, n.d. Suchi Saria and Adarsh Subbaswamy. "Tutorial: Safe and Reliable Machine Learning." arXiv preprint, submitted April 15, 2019. Daniel Kang, Deepti Raghavan, Peter Bailis, and Matei Zaharia. "Model assertions for monitoring and improving ML models." Proceedings of Machine Learning and Systems 2 (2020): 481 -496. Larysa Visengeriyeva, et al. “Awesome MLOps.“ GitHub. McGregor, S., Paeth, K., & Lam, K.T. (2022). Indexing AI Risks with Incidents, Issues, and Variants. ArXiv, abs/2211.10384. MEASURE 2.7 AI system security and resilience – as identified in the MAP function – are evaluated and documented. About AI systems, as well as the ecosystems in which they are deployed, may be said to be resilient if they can withstand unexpected adverse events or unexpected changes in their environment or use – or if they can maintain their functions and structure in the face of internal and external change and degrade safely and gracefully when this is necessary. Common security concerns relate to adversarial examples, data poisoning, and the exfiltration of models, training data, or other intellectual property through AI system endpoints. AI systems that can maintain confidentiality, integrity, and availability through protection mechanisms that prevent unauthorized access and use may be said to be secure. Security and resilience are related but distinct characteristics. While resilience is the ability to return to normal function after an unexpected adverse event, security includes resilience but also encompasses protocols to avoid, protect against, respond to, or recover 111 of 142 from attacks. Resilience relates to robustness and encompasses unexpected or adversarial use (or abuse or misuse) of the model or data. Suggested Actions • Establish and track AI system security tests and metrics (e.g., red -teaming activities, frequency and rate of anomalous events, system down -time, incident response times, time -to-bypass, etc.). • Use red -team exercises to actively test the system under adversarial or stress conditions, measure system response, assess failure modes or determine if system can return to normal function after an unexpected adverse event. • Document red -team exercise results as part of continuous improvement efforts, including the range of security test conditions and results. • Use red -teaming exercises to evaluate potential mismatches between claimed and actual system performance. • Use countermeasures (e.g, authentication, throttling, differential privacy, robust ML approaches) to increase the range of security conditions under which the system is able to return to normal function. • Modify system security procedures and countermeasures to increase robustness and resilience to attacks in response to testing and events experienced in production. • Verify that information about errors and attack patterns is shared with incident databases, other organizations with similar systems, and system users and stakeholders (MANAGE -4.1). • Develop and maintain information sharing practices with AI actors from other organizations to learn from common attacks. • Verify that third party AI resources and personnel undergo security audits and screenings. Risk indicators may include failure of third parties to provide relevant security information. • Utilize watermarking technologies as a deterrent to data and model extraction attacks. Transparency & Documentation Organizations can document the following • To what extent does the plan specifically address risks associated with acquisition, procurement of packaged software from vendors, cybersecurity controls, computational infrastructure, data, data science, deployment mechanics, and system failure? • What assessments has the entity conducted on data security and privacy impacts associated with the AI system? • What processes exist for data generation, acquisition/collection, security, maintenance, and dissemination? • What testing, if any, has the entity conducted on the AI system to identify errors and limitations (i.e. adversarial or stress testing)? • If a third party created the AI, how will you ensure a level of explainability or interpretability? 112 of 142 AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References Matthew P. Barrett. “Framework for Improving Critical Infrastructure Cybersecurity Version 1.1.” National Institute of Standards and Technology (NIST), April 16, 2018. Nicolas Papernot. "A Marauder's Map of Security and Privacy in Machine Learning." arXiv preprint, submitted on November 3, 2018. Gary McGraw, Harold Figueroa, Victor Shepardson, and Richie Bonett. “BIML Interactive Machine Learning Risk Framework.” Berryville Institute of Machine Learning (BIML), 2022. Mitre Corporation. “Mitre/Advmlthreatmatrix: Adversarial Threat Landscape for AI Systems.” GitHub, 2023. National Institute of Standards and Technology (NIST). “Cybersecurity Framework.” NIST, 2023. Upol Ehsan, Q. Vera Liao, Samir Passi, Mark O. Riedl, and Hal Daumé. 2024. Seamful XAI: Operationalizing Seamful Design in Explainable AI. Proc. ACM Hum. -Comput. Interact. 8, CSCW1, Article 119. https://doi.org/10.1145/3637396 Software Resources • adversarial -robustness -toolbox • counterfit • foolbox • ml_privacy_meter • robustness • tensorflow/privacy • projectGuardRail MEASURE 2.8 Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented. About Transparency enables meaningful visibility into entire AI pipelines, workflows, processes or organizations and decreases information asymmetry between AI developers and operators and other AI Actors and impacted communities. Transparency is a central element of effective AI risk management that enables insight into how an AI system is working, and the ability to address risks if and when they emerge. The ability for system users, individuals, or impacted communities to seek redress for incorrect or problema tic AI system outcomes is 113 of 142 one control for transparency and accountability. Higher level recourse processes are typically enabled by lower level implementation efforts directed at explainability and interpretability functionality. See Measure 2.9. Transparency and accountability across organizations and processes is crucial to reducing AI risks. Accountable leadership – whether individuals or groups – and transparent roles, responsibilities, and lines of communication foster and incentivize quality assurance and risk management activities within organizations. Lack of transparency complicates measurement of trustworthiness and whether AI systems or organizations are subject to effects of various individual and group biases and design blindspots and could lead to diminished user, organizational and community trust, and decreased overall system value. Enstating accountable and transparent organizational structures along with documenting system risks can enable system improvement and risk management efforts, allowing AI actors along the lifecycle to identify errors, suggest improvements, and figure out new ways to contextualize and generalize AI system features and outcomes. Suggested Actions • Instrument the system for measurement and tracking, e.g., by maintaining histories, audit logs and other information that can be used by AI actors to review and evaluate possible sources of error, bias, or vulnerability. • Calibrate controls for users in close collaboration with experts in user interaction and user experience (UI/UX), human computer interaction (HCI), and/or human -AI teaming. • Test provided explanations for calibration with different audiences including operators, end users, decision makers and decision subjects (individuals for whom decisions are being made), and to enable recourse for consequential system decisions that affect end users or subjects. • Measure and document human oversight of AI systems: • Document the degree of oversight that is provided by specified AI actors regarding AI system output. • Maintain statistics about downstream actions by end users and operators such as system overrides. • Maintain statistics about and document reported errors or complaints, time to respond, and response types. • Maintain and report statistics about adjudication activities. • Track, document, and measure organizational accountability regarding AI systems via policy exceptions and escalations, and document “go” and “no/go” decisions made by accountable parties. • Track and audit the effectiveness of organizational mechanisms related to AI risk management, including: 114 of 142 • Lines of communication between AI actors, executive leadership, users and impacted communities. • Roles and responsibilities for AI actors and executive leadership. • Organizational accountability roles, e.g., chief model risk officers, AI oversight committees, responsible or ethical AI directors, etc. Transparency & Documentation Organizations can document the following • To what extent has the entity clarified the roles, responsibilities, and delegated authorities to relevant stakeholders? • What are the roles, responsibilities, and delegation of authorities of personnel involved in the design, development, deployment, assessment and monitoring of the AI system? • Who is accountable for the ethical considerations during all stages of the AI lifecycle? • Who will be responsible for maintaining, re -verifying, monitoring, and updating this AI once deployed? • Are the responsibilities of the personnel involved in the various AI governance processes clearly defined? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References National Academies of Sciences, Engineering, and Medicine. Human -AI Teaming: State -of- the-Art and Research Needs. 2022. Inioluwa Deborah Raji and Jingying Yang. "ABOUT ML: Annotation and Benchmarking on Understanding and Transparency of Machine Learning Lifecycles." arXiv preprint, submitted January 8, 2020. Andrew Smith. "Using Artificial Intelligence and Algorithms." Federal Trade Commission Business Blog, April 8, 2020. Board of Governors of the Federal Reserve System. “SR 11 -7: Guidance on Model Risk Management.” April 4, 2011. Joshua A. Kroll. “Outlining Traceability: A Principle for Operationalizing Accountability in Computing Systems.” FAccT '21: Proceedings of the 2021 ACM Conference on Fairness, Accountability, and Transparency, March 1, 2021, 758 –71. Jennifer Cobbe, Michelle Seng Lee, and Jatinder Singh. “Reviewable Automated Decision - Making: A Framework for Accountable Algorithmic Systems.” FAccT '21: Proceedings of the 2021 ACM Conference on Fairness, Accountability, and Transparency, March 1, 2021, 598 – 609. 115 of 142 MEASURE 2.9 The AI model is explained, validated, and documented, and AI system output is interpreted within its context – as identified in the MAP function – and to inform responsible use and governance. About Explainability and interpretability assist those operating or overseeing an AI system, as well as users of an AI system, to gain deeper insights into the functionality and trustworthiness of the system, including its outputs. Explainable and interpretable AI systems offer information that help end users understand the purposes and potential impact of an AI system. Risk from lack of explainability may be managed by describing how AI systems function, with descriptions tailored to individual differences such as the user’s role, knowledge, and skill level. Explainable systems can be debugged and monitored more easily, and they lend themselves to more thorough documentation, audit, and governance. Risks to interpretability often can be addressed by communicating a description of why an AI system made a particular prediction or recommendation. Transparency, explainability, and interpretability are distinct characteristics that support each other. Transparency can answer the question of “what happened”. Explainability can answer the question of “how” a decision was made in the system. Interpretability can answer the question of “why” a decision was made by the system and its meaning or context to the user. Suggested Actions • Verify systems are developed to produce explainable models, post -hoc explanations and audit logs. • When possible or available, utilize approaches that are inherently explainable, such as traditional and penalized generalized linear models , decision trees, nearest -neighbor and prototype -based approaches, rule -based models, generalized additive models , explainable boosting machines and neural additive models. • Test explanation methods and resulting explanations prior to deployment to gain feedback from relevant AI actors, end users, and potentially impacted individuals or groups about whether explanations are accurate, clear, and understandable. • Document AI model details including model type (e.g., convolutional neural network, reinforcement learning, decision tree, random forest, etc.) data features, training algorithms, proposed uses, decision thresholds, training data, evaluation data, and ethical considerations. • Establish, document, and report performance and error metrics across demographic groups and other segments relevant to the deployment context. 116 of 142 • Explain systems using a variety of methods, e.g., visualizations, model extraction, feature importance, and others. Since explanations may not accurately summarize complex systems, test explanations according to properties such as fidelity, consistency, robustness, and interpretability. • Assess the characteristics of system explanations according to properties such as fidelity (local and global), ambiguity, interpretability, interactivity, consistency, and resilience to attack/manipulation. • Test the quality of system explanations with end -users and other groups. • Secure model development processes to avoid vulnerability to external manipulation such as gaming explanation processes. • Test for changes in models over time, including for models that adjust in response to production data. • Use transparency tools such as data statements and model cards to document explanatory and validation information. Transparency & Documentation Organizations can document the following • Given the purpose of the AI, what level of explainability or interpretability is required for how the AI made its determination? • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? • How has the entity documented the AI system’s data provenance, including sources, origins, transformations, augmentations, labels, dependencies, constraints, and metadata? • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework - WEF - Companion to the Model AI Governance Framework, 2020. References Chaofan Chen, Oscar Li, Chaofan Tao, Alina Jade Barnett, Jonathan Su, and Cynthia Rudin. "This Looks Like That: Deep Learning for Interpretable Image Recognition." arXiv preprint, submitted December 28, 2019. Cynthia Rudin. "Stop Explaining Black Box Machine Learning Models for High Stakes Decisions and Use Interpretable Models Instead." arXiv preprint, submitted September 22, 2019. 117 of 142 David A. Broniatowski. "NISTIR 8367 Psychological Foundations of Explainability and Interpretability in Artificial Intelligence. National Institute of Standards and Technology (NIST), 2021. Alejandro Barredo Arrieta, Natalia Díaz -Rodríguez, Javier Del Ser, Adrien Bennetot, Siham Tabik, Alberto Barbado, Salvador Garcia, et al. “Explainable Artificial Intelligence (XAI): Concepts, Taxonomies, Opportunities, and Challenges Toward Responsible AI.” Information Fusion 58 (June 2020): 82 –115. Zana Buçinca, Phoebe Lin, Krzysztof Z. Gajos, and Elena L. Glassman. “Proxy Tasks and Subjective Measures Can Be Misleading in Evaluating Explainable AI Systems.” IUI '20: Proceedings of the 25th International Conference on Intelligent User Interfaces, March 17, 2020, 454 –64. P. Jonathon Phillips, Carina A. Hahn, Peter C. Fontana, Amy N. Yates, Kristen Greene, David A. Broniatowski, and Mark A. Przybocki. "NISTIR 8312 Four Principles of Explainable Artificial Intelligence." National Institute of Standards and Technology (NIST), September 2021. Margaret Mitchell, Simone Wu, Andrew Zaldivar, Parker Barnes, Lucy Vasserman, Ben Hutchinson, Elena Spitzer, Inioluwa Deborah Raji, and Timnit Gebru. “Model Cards for Model Reporting.” FAT *19: Proceedings of the Conference on Fairness, Accountability, and Transparency, January 2019, 220 –29. Ke Yang, Julia Stoyanovich, Abolfazl Asudeh, Bill Howe, HV Jagadish, and Gerome Miklau. “A Nutritional Label for Rankings.” SIGMOD '18: Proceedings of the 2018 International Conference on Management of Data, May 27, 2018, 1773 –76. Marco Tulio Ribeiro, Sameer Singh, and Carlos Guestrin. "'Why Should I Trust You?': Explaining the Predictions of Any Classifier." arXiv preprint, submitted August 9, 2016. Scott M. Lundberg and Su -In Lee. "A unified approach to interpreting model predictions." NIPS'17: Proceedings of the 31st International Conference on Neural Information Processing Systems, December 4, 2017, 4768 -4777. Dylan Slack, Sophie Hilgard, Emily Jia, Sameer Singh, and Himabindu Lakkaraju. “Fooling LIME and SHAP: Adversarial Attacks on Post Hoc Explanation Methods.” AIES '20: Proceedings of the AAAI/ACM Conference on AI, Ethics, and Society, February 7, 2020, 180 – 86. David Alvarez -Melis and Tommi S. Jaakkola. "Towards robust interpretability with self - explaining neural networks." NIPS'18: Proceedings of the 32nd International Conference on Neural Information Processing Systems, December 3, 2018, 7786 -7795. FinRegLab, Laura Biattner, and Jann Spiess. "Machine Learning Explainability & Fairness: Insights from Consumer Lending." FinRegLab, April 2022. 118 of 142 Miguel Ferreira, Muhammad Bilal Zafar, and Krishna P. Gummadi. "The Case for Temporal Transparency: Detecting Policy Change Events in Black -Box Decision Making Systems." arXiv preprint, submitted October 31, 2016. Himabindu Lakkaraju, Ece Kamar, Rich Caruana, and Jure Leskovec. "Interpretable & Explorable Approximations of Black Box Models." arXiv preprint, July 4, 2017. Software Resources • SHAP • LIME • Interpret • PiML • Iml • Dalex MEASURE 2.10 Privacy risk of the AI system – as identified in the MAP function – is examined and documented. About Privacy refers generally to the norms and practices that help to safeguard human autonomy, identity, and dignity. These norms and practices typically address freedom from intrusion, limiting observation, or individuals’ agency to consent to disclosure or control of facets of their identities (e.g., body, data, reputation). Privacy values such as anonymity, confidentiality, and control generally should guide choices for AI system design, development, and deployment. Privacy -related risks may influence security, bias, and transparency and come with tradeoffs with these other characteristics. Like safety and security, specific technical features of an AI system may promote or reduce privacy. AI systems can also present new risks to privacy by allowing inference to identify individuals or previously private information about individuals. Privacy -enhancing technologies (“PETs”) for AI, as well as data minimizing methods such as de-identification and aggregation for certain model outputs, can support design for privacy - enhanced AI systems. Under certain conditions such as data sparsity, privacy enhancing techniques can result in a loss in accuracy, impacting decisions about fairness and other values in certain domains. Suggested Actions • Specify privacy -related values, frameworks, and attributes that are applicable in the context of use through direct engagement with end users and potentially impacted groups and communities. • Document collection, use, management, and disclosure of personally sensitive information in datasets, in accordance with privacy and data governance policies 119 of 142 • Quantify privacy -level data aspects such as the ability to identify individuals or groups (e.g. k -anonymity metrics, l -diversity, t -closeness). • Establish and document protocols (authorization, duration, type) and access controls for training sets or production data containing personally sensitive information, in accordance with privacy and data governance policies. • Monitor internal queries to production data for detecting patterns that isolate personal records. • Monitor PSI disclosures and inference of sensitive or legally protected attributes • Assess the risk of manipulation from overly customized content. Evaluate information presented to representative users at various points along axes of difference between individuals (e.g. individuals of different ages, genders, races, political affiliation, etc.). • Use privacy -enhancing techniques such as differential privacy, when publicly sharing dataset information. • Collaborate with privacy experts, AI end users and operators, and other domain experts to determine optimal differential privacy metrics within contexts of use. Transparency & Documentation Organizations can document the following • Did your organization implement accountability -based practices in data management and protection (e.g. the PDPA and OECD Privacy Principles)? • What assessments has the entity conducted on data security and privacy impacts associated with the AI system? • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? • Does the dataset contain information that might be considered sensitive or confidential? (e.g., personally identifying information) • If it relates to people, could this dataset expose people to harm or legal action? (e.g., financial, social or otherwise) What was done to mitigate or reduce the potential for harm? AI Transparency Resources • WEF Companion to the Model AI Governance Framework - WEF - Companion to the Model AI Governance Framework, 2020. ( • Datasheets for Datasets. References Kaitlin R. Boeckl and Naomi B. Lefkovitz. "NIST Privacy Framework: A Tool for Improving Privacy Through Enterprise Risk Management, Version 1.0." National Institute of Standards and Technology (NIST), January 16, 2020. 120 of 142 Latanya Sweeney. “K -Anonymity: A Model for Protecting Privacy.” International Journal of Uncertainty, Fuzziness and Knowledge -Based Systems 10, no. 5 (2002): 557 –70. Ashwin Machanavajjhala, Johannes Gehrke, Daniel Kifer, and Muthuramakrishnan Venkitasubramaniam. “L -Diversity: Privacy beyond K -Anonymity.” 22nd International Conference on Data Engineering (ICDE'06), 2006. Ninghui Li, Tiancheng Li, and Suresh Venkatasubramanian. "CERIAS Tech Report 2007 -78 t - Closeness: Privacy Beyond k -Anonymity and -Diversity." Center for Education and Research, Information Assurance and Security, Purdue University, 2001. J. Domingo -Ferrer and J. Soria -Comas. "From t -closeness to differential privacy and vice versa in data anonymization." arXiv preprint, submitted December 21, 2015. Joseph Near, David Darais, and Kaitlin Boeckly. "Differential Privacy for Privacy -Preserving Data Analysis: An Introduction to our Blog Series." National Institute of Standards and Technology (NIST), July 27, 2020. Cynthia Dwork. “Differential Privacy.” Automata, Languages and Programming, 2006, 1 –12. Zhanglong Ji, Zachary C. Lipton, and Charles Elkan. "Differential Privacy and Machine Learning: a Survey and Review." arXiv preprint, submitted December 24,2014. Michael B. Hawes. "Implementing Differential Privacy: Seven Lessons From the 2020 United States Census." Harvard Data Science Review 2, no. 2 (2020). Harvard University Privacy Tools Project. “Differential Privacy.” Harvard University, n.d. John M. Abowd, Robert Ashmead, Ryan Cumings -Menon, Simson Garfinkel, Micah Heineck, Christine Heiss, Robert Johns, Daniel Kifer, Philip Leclerc, Ashwin Machanavajjhala, Brett Moran, William Matthew Spence Sexton and Pavel Zhuravlev. "The 2020 Census Disclosure Avoidance System TopDown Algorithm." United States Census Bureau, April 7, 2022. Nicolas Papernot and Abhradeep Guha Thakurta. "How to deploy machine learning with differential privacy." National Institute of Standards and Technology (NIST), December 21, 2021. Claire McKay Bowen. "Utility Metrics for Differential Privacy: No One -Size -Fits-All." National Institute of Standards and Technology (NIST), November 29, 2021. Helen Nissenbaum. "Contextual Integrity Up and Down the Data Food Chain." Theoretical Inquiries in Law 20, L. 221 (2019): 221 -256. Sebastian Benthall, Seda Gürses, and Helen Nissenbaum. “Contextual Integrity through the Lens of Computer Science.” Foundations and Trends in Privacy and Security 2, no. 1 (December 22, 2017): 1 –69. 121 of 142 Jenifer Sunrise Winter and Elizabeth Davidson. “Big Data Governance of Personal Health Information and Challenges to Contextual Integrity.” The Information Society: An International Journal 35, no. 1 (2019): 36 –51. MEASURE 2.11 Fairness and bias – as identified in the MAP function – is evaluated and results are documented. About Fairness in AI includes concerns for equality and equity by addressing issues such as harmful bias and discrimination. Standards of fairness can be complex and difficult to define because perceptions of fairness differ among cultures and may shift depending on application. Organizations’ risk management efforts will be enhanced by recognizing and considering these differences. Systems in which harmful biases are mitigated are not necessarily fair. For example, systems in which predictions are somewhat balanced across demographic groups may still be inaccessible to individuals with disabilities or affected by the digital divide or may exacerbate existing disparities or systemic biases. Bias is broader than demographic balance and data representativeness. NIST has identified three major categories of AI bias to be considered and managed: systemic, computational and statistical, and human -cognitive. Each of these can occur in the absence of prejudice, partiality, or discriminatory intent. • Systemic bias can be present in AI datasets, the organizational norms, practices, and processes across the AI lifecycle, and the broader society that uses AI systems. • Computational and statistical biases can be present in AI datasets and algorithmic processes, and often stem from systematic errors due to non -representative samples. • Human -cognitive biases relate to how an individual or group perceives AI system information to make a decision or fill in missing information, or how humans think about purposes and functions of an AI system. Human -cognitive biases are omnipresent in decision -making processes across the AI lifecycle and system use, including the design, implementation, operation, and maintenance of AI. Bias exists in many forms and can become ingrained in the automated systems that help make decisions about our lives. While bias is not always a negative phenomenon, AI systems can potentially increase the speed and scale of biases and perpetuate and amplify harms to individuals, groups, communities, organizations, and society. Suggested Actions • Conduct fairness assessments to manage computational and statistical forms of bias which include the following steps: • Identify types of harms, including allocational, representational, quality of service, stereotyping, or erasure • Identify across, within, and intersecting groups that might be harmed 122 of 142 • Quantify harms using both a general fairness metric, if appropriate (e.g. demographic parity, equalized odds, equal opportunity, statistical hypothesis tests), and custom, context -specific metrics developed in collaboration with affected communities • Analyze quantified harms for contextually significant differences across groups, within groups, and among intersecting groups • Refine identification of within -group and intersectional group disparities. • Evaluate underlying data distributions and employ sensitivity analysis during the analysis of quantified harms. • Evaluate quality metrics including false positive rates and false negative rates. • Consider biases affecting small groups, within -group or intersectional communities, or single individuals. • Understand and consider sources of bias in training and TEVV data: • Differences in distributions of outcomes across and within groups, including intersecting groups. • Completeness, representativeness and balance of data sources. • Identify input data features that may serve as proxies for demographic group membership (i.e., credit score, ZIP code) or otherwise give rise to emergent bias within AI systems. • Forms of systemic bias in images, text (or word embeddings), audio or other complex or unstructured data. • Leverage impact assessments to identify and classify system impacts and harms to end users, other individuals, and groups with input from potentially impacted communities. • Identify the classes of individuals, groups, or environmental ecosystems which might be impacted through direct engagement with potentially impacted communities. • Evaluate systems in regards to disability inclusion, including consideration of disability status in bias testing, and discriminatory screen out processes that may arise from non - inclusive design or deployment decisions. • Develop objective functions in consideration of systemic biases, in -group/out -group dynamics. • Use context -specific fairness metrics to examine how system performance varies across groups, within groups, and/or for intersecting groups. Metrics may include statistical parity, error -rate equality, statistical parity difference, equal opportunity difference, average absolute odds difference, standardized mean difference, percentage point differences. • Customize fairness metrics to specific context of use to examine how system performance and potential harms vary within contextual norms. • Define acceptable levels of difference in performance in accordance with established organizational governance policies, business requirements, regulatory compliance, legal frameworks, and ethical standards within the context of use 123 of 142 • Define the actions to be taken if disparity levels rise above acceptable levels. • Identify groups within the expected population that may require disaggregated analysis, in collaboration with impacted communities. • Leverage experts with knowledge in the specific context of use to investigate substantial measurement differences and identify root causes for those differences. • Monitor system outputs for performance or bias issues that exceed established tolerance levels. • Ensure periodic model updates; test and recalibrate with updated and more representative data to stay within acceptable levels of difference. • Apply pre -processing data transformations to address factors related to demographic balance and data representativeness. • Apply in -processing to balance model performance quality with bias considerations. • Apply post -processing mathematical/computational techniques to model results in close collaboration with impact assessors, socio -technical experts, and other AI actors with expertise in the context of use. • Apply model selection approaches with transparent and deliberate consideration of bias management and other trustworthy characteristics. • Collect and share information about differences in outcomes for the identified groups. • Consider mediations to mitigate differences, especially those that can be traced to past patterns of unfair or biased human decision making. • Utilize human -centered design practices to generate deeper focus on societal impacts and counter human -cognitive biases within the AI lifecycle. • Evaluate practices along the lifecycle to identify potential sources of human -cognitive bias such as availability, observational, and confirmation bias, and to make implicit decision making processes more explicit and open to investigation. • Work with human factors experts to evaluate biases in the presentation of system output to end users, operators and practitioners. • Utilize processes to enhance contextual awareness, such as diverse internal staff and stakeholder engagement. Transparency & Documentation Organizations can document the following • To what extent are the established procedures effective in mitigating bias, inequity, and other concerns resulting from the system? • If it relates to people, does it unfairly advantage or disadvantage a particular social group? In what ways? How was this mitigated? • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? • How has the entity identified and mitigated potential impacts of bias in the data, including inequitable or discriminatory outcomes? • To what extent has the entity identified and mitigated potential bias —statistical, contextual, and historical —in the data? 124 of 142 • Were adversarial machine learning approaches considered or used for measuring bias (e.g.: prompt engineering, adversarial models) AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework - WEF - Companion to the Model AI Governance Framework, 2020. • Datasheets for Datasets. References Ali Hasan, Shea Brown, Jovana Davidovic, Benjamin Lange, and Mitt Regan. “Algorithmic Bias and Risk Assessments: Lessons from Practice.” Digital Society 1 (2022). Richard N. Landers and Tara S. Behrend. “Auditing the AI Auditors: A Framework for Evaluating Fairness and Bias in High Stakes AI Predictive Models.” American Psychologist 78, no. 1 (2023): 36 –49. Ninareh Mehrabi, Fred Morstatter, Nripsuta Saxena, Kristina Lerman, and Aram Galstyan. “A Survey on Bias and Fairness in Machine Learning.” ACM Computing Surveys 54, no. 6 (July 2021): 1 –35. Michele Loi and Christoph Heitz. “Is Calibration a Fairness Requirement?” FAccT '22: 2022 ACM Conference on Fairness, Accountability, and Transparency, June 2022, 2026 –34. Shea Brown, Ryan Carrier, Merve Hickok, and Adam Leon Smith. “Bias Mitigation in Data Sets.” SocArXiv, July 8, 2021. Reva Schwartz, Apostol Vassilev, Kristen Greene, Lori Perine, Andrew Burt, and Patrick Hall. "NIST Special Publication 1270 Towards a Standard for Identifying and Managing Bias in Artificial Intelligence." National Institute of Standards and Technology (NIST), 2022. Microsoft Research. “AI Fairness Checklist.” Microsoft, February 7, 2022. Samir Passi and Solon Barocas. “Problem Formulation and Fairness.” FAT* '19: Proceedings of the Conference on Fairness, Accountability, and Transparency, January 2019, 39 –48. Jade S. Franklin, Karan Bhanot, Mohamed Ghalwash, Kristin P. Bennett, Jamie McCusker, and Deborah L. McGuinness. “An Ontology for Fairness Metrics.” AIES '22: Proceedings of the 2022 AAAI/ACM Conference on AI, Ethics, and Society, July 2022, 265 –75. Zhang, B., Lemoine, B., & Mitchell, M. (2018). Mitigating Unwanted Biases with Adversarial Learning. Proceedings of the 2018 AAAI/ACM Conference on AI, Ethics, and Society. https://arxiv.org/pdf/1801.07593.pdf 125 of 142 Ganguli, D., et al. (2023). The Capacity for Moral Self -Correction in Large Language Models. arXiv. https://arxiv.org/abs/2302.07459 Arvind Narayanan. “Tl;DS - 21 Fairness Definition and Their Politics by Arvind Narayanan.” Dora's world, July 19, 2019. Ben Green. “Escaping the Impossibility of Fairness: From Formal to Substantive Algorithmic Fairness.” Philosophy and Technology 35, no. 90 (October 8, 2022). Alexandra Chouldechova. “Fair Prediction with Disparate Impact: A Study of Bias in Recidivism Prediction Instruments.” Big Data 5, no. 2 (June 1, 2017): 153 –63. Sina Fazelpour and Zachary C. Lipton. “Algorithmic Fairness from a Non -Ideal Perspective.” AIES '20: Proceedings of the AAAI/ACM Conference on AI, Ethics, and Society, February 7, 2020, 57 –63. Hemank Lamba, Kit T. Rodolfa, and Rayid Ghani. “An Empirical Comparison of Bias Reduction Methods on Real -World Problems in High -Stakes Policy Settings.” ACM SIGKDD Explorations Newsletter 23, no. 1 (May 29, 2021): 69 –85. ISO. “ISO/IEC TR 24027:2021 Information technology — Artificial intelligence (AI) — Bias in AI systems and AI aided decision making.” ISO Standards, November 2021. Shari Trewin. "AI Fairness for People with Disabilities: Point of View." arXiv preprint, submitted November 26, 2018. MathWorks. “Explore Fairness Metrics for Credit Scoring Model.” MATLAB & Simulink, 2023. Abigail Z. Jacobs and Hanna Wallach. “Measurement and Fairness.” FAccT '21: Proceedings of the 2021 ACM Conference on Fairness, Accountability, and Transparency, March 2021, 375–85. Tolga Bolukbasi, Kai -Wei Chang, James Zou, Venkatesh Saligrama, and Adam Kalai. "Quantifying and Reducing Stereotypes in Word Embeddings." arXiv preprint, submitted June 20, 2016. Aylin Caliskan, Joanna J. Bryson, and Arvind Narayanan. “Semantics Derived Automatically from Language Corpora Contain Human -Like Biases.” Science 356, no. 6334 (April 14, 2017): 183 –86. Sina Fazelpour and Maria De -Arteaga. “Diversity in Sociotechnical Machine Learning Systems.” Big Data and Society 9, no. 1 (2022). Fairlearn. “Fairness in Machine Learning.” Fairlearn 0.8.0 Documentation, n.d. Safiya Umoja Noble. Algorithms of Oppression: How Search Engines Reinforce Racism. New York, NY: New York University Press, 2018. 126 of 142 Ziad Obermeyer, Brian Powers, Christine Vogeli, and Sendhil Mullainathan. “Dissecting Racial Bias in an Algorithm Used to Manage the Health of Populations.” Science 366, no. 6464 (October 25, 2019): 447 –53. Alekh Agarwal, Alina Beygelzimer, Miroslav Dudík, John Langford, and Hanna Wallach. "A Reductions Approach to Fair Classification." arXiv preprint, submitted July 16, 2018. Moritz Hardt, Eric Price, and Nathan Srebro. "Equality of Opportunity in Supervised Learning." arXiv preprint, submitted October 7, 2016. Alekh Agarwal, Miroslav Dudik, Zhiwei Steven Wu. "Fair Regression: Quantitative Definitions and Reduction -Based Algorithms." Proceedings of the 36th International Conference on Machine Learning, PMLR 97:120 -129, 2019. Andrew D. Selbst, Danah Boyd, Sorelle A. Friedler, Suresh Venkatasubramanian, and Janet Vertesi. “Fairness and Abstraction in Sociotechnical Systems.” FAT* '19: Proceedings of the Conference on Fairness, Accountability, and Transparency, January 29, 2019, 59 –68. Matthew Kay, Cynthia Matuszek, and Sean A. Munson. “Unequal Representation and Gender Stereotypes in Image Search Results for Occupations.” CHI '15: Proceedings of the 33rd Annual ACM Conference on Human Factors in Computing Systems, April 18, 2015, 3819 –28. Software Resources • aequitas - AI Fairness 360: • Python • R • algofairness • fairlearn • fairml • fairmodels • fairness • solas -ai-disparity • tensorflow/fairness -indicators • Themis MEASURE 2.12 Environmental impact and sustainability of AI model training and management activities – as identified in the MAP function – are assessed and documented. About Large -scale, high -performance computational resources used by AI systems for training and operation can contribute to environmental impacts. Direct negative impacts to the environment from these processes are related to energy consumption, water consumption, 127 of 142 and greenhouse gas (GHG) emissions. The OECD has identified metrics for each type of negative direct impact. Indirect negative impacts to the environment reflect the complexity of interactions between human behavior, socio -economic systems, and the environment and can include induced consumption and “rebound effects”, where efficiency gains are offset by accelerated resource consumption. Other AI related environmental impacts can arise from the production of computational equipment and networks (e.g. mining and extraction of raw materials), transporting hardware, and electronic waste recycling or disposal. Suggested Actions • Include environmental impact indicators in AI system design and development plans, including reducing consumption and improving efficiencies. • Identify and implement key indicators of AI system energy and water consumption and efficiency, and/or GHG emissions. • Establish measurable baselines for sustainable AI system operation in accordance with organizational policies, regulatory compliance, legal frameworks, and environmental protection and sustainability norms. • Assess tradeoffs between AI system performance and sustainable operations in accordance with organizational principles and policies, regulatory compliance, legal frameworks, and environmental protection and sustainability norms. • Identify and establish acceptable resource consumption and efficiency, and GHG emissions levels, along with actions to be taken if indicators rise above acceptable levels. • Estimate AI system emissions levels throughout the AI lifecycle via carbon calculators or similar process. Transparency & Documentation Organizations can document the following • Are greenhouse gas emissions, and energy and water consumption and efficiency tracked within the organization? • Are deployed AI systems evaluated for potential upstream and downstream environmental impacts (e.g., increased consumption, increased emissions, etc.)? • Could deployed AI systems cause environmental incidents, e.g., air or water pollution incidents, toxic spills, fires or explosions? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • Datasheets for Datasets. 128 of 142 References Organisation for Economic Co -operation and Development (OECD). "Measuring the environmental impacts of artificial intelligence compute and applications: The AI footprint.” OECD Digital Economy Papers, No. 341, OECD Publishing, Paris. Victor Schmidt, Alexandra Luccioni, Alexandre Lacoste, and Thomas Dandres. “Machine Learning CO2 Impact Calculator.” ML CO2 Impact, n.d. Alexandre Lacoste, Alexandra Luccioni, Victor Schmidt, and Thomas Dandres. "Quantifying the Carbon Emissions of Machine Learning." arXiv preprint, submitted November 4, 2019. Matthew Hutson. “Measuring AI’s Carbon Footprint: New Tools Track and Reduce Emissions from Machine Learning.” IEEE Spectrum, November 22, 2022. Association for Computing Machinery (ACM). "TechBriefs: Computing and Climate Change." ACM Technology Policy Council, November 2021. Roy Schwartz, Jesse Dodge, Noah A. Smith, and Oren Etzioni. “Green AI.” Communications of the ACM 63, no. 12 (December 2020): 54 –63. MEASURE 2.13 Effectiveness of the employed TEVV metrics and processes in the MEASURE function are evaluated and documented. About The development of metrics is a process often considered to be objective but, as a human and organization driven endeavor, can reflect implicit and systemic biases, and may inadvertently reflect factors unrelated to the target function. Measurement approaches can be oversimplified, gamed, lack critical nuance, become used and relied upon in unexpected ways, fail to account for differences in affected groups and contexts. Revisiting the metrics chosen in Measure 2.1 through 2.12 in a process of continual improvement can help AI actors to evaluate and document metric effectiveness and make necessary course corrections. Suggested Actions • Review selected system metrics and associated TEVV processes to determine if they are able to sustain system improvements, including the identification and removal of errors. • Regularly evaluate system metrics for utility, and consider descriptive approaches in place of overly complex methods. • Review selected system metrics for acceptability within the end user and impacted community of interest. • Assess effectiveness of metrics for identifying and measuring risks. 129 of 142 Transparency & Documentation Organizations can document the following • To what extent does the system/entity consistently measure progress towards stated goals and objectives? • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? • What corrective actions has the entity taken to enhance the quality, accuracy, reliability, and representativeness of the data? • To what extent are the model outputs consistent with the entity’s values and principles to foster public trust and equity? • How will the accuracy or appropriate performance metrics be assessed? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References Arvind Narayanan. "The limits of the quantitative approach to discrimination." 2022 James Baldwin lecture, Princeton University, October 11, 2022. Devansh Saxena, Karla Badillo -Urquiola, Pamela J. Wisniewski, and Shion Guha. “A Human - Centered Review of Algorithms Used within the U.S. Child Welfare System.” CHI ‘20: Proceedings of the 2020 CHI Conference on Human Factors in Computing Systems, April 23, 2020, 1 –15. Rachel Thomas and David Uminsky. “Reliance on Metrics Is a Fundamental Challenge for AI.” Patterns 3, no. 5 (May 13, 2022): 100476. Momin M. Malik. "A Hierarchy of Limitations in Machine Learning." arXiv preprint, submitted February 29, 2020. MEASURE 3.1 Approaches, personnel, and documentation are in place to regularly identify and track existing, unanticipated, and emergent AI risks based on factors such as intended and actual performance in deployed contexts. About For trustworthy AI systems, regular system monitoring is carried out in accordance with organizational governance policies, AI actor roles and responsibilities, and within a culture of continual improvement. If and when emergent or complex risks arise, it may be necessary to adapt internal risk management procedures, such as regular monitoring, to stay on course. Documentation, resources, and training are part of an overall strategy to 130 of 142 support AI actors as they investigate and respond to AI system errors, incidents or negative impacts. Suggested Actions • Compare AI system risks with: • simpler or traditional models • human baseline performance • other manual performance benchmarks • Compare end user and community feedback about deployed AI systems to internal measures of system performance. • Assess effectiveness of metrics for identifying and measuring emergent risks. • Measure error response times and track response quality. • Elicit and track feedback from AI actors in user support roles about the type of metrics, explanations and other system information required for fulsome resolution of system issues. Consider: • Instances where explanations are insufficient for investigating possible error sources or identifying responses. • System metrics, including system logs and explanations, for identifying and diagnosing sources of system error. • Elicit and track feedback from AI actors in incident response and support roles about the adequacy of staffing and resources to perform their duties in an effective and timely manner. Transparency & Documentation Organizations can document the following • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? • What metrics has the entity developed to measure performance of the AI system, including error logging? • To what extent do the metrics provide accurate and useful measure of performance? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations 131 of 142 References ISO. "ISO 9241 -210:2019 Ergonomics of human -system interaction — Part 210: Human - centred design for interactive systems." 2nd ed. ISO Standards, July 2019. Larysa Visengeriyeva, et al. “Awesome MLOps.“ GitHub. MEASURE 3.2 Risk tracking approaches are considered for settings where AI risks are difficult to assess using currently available measurement techniques or where metrics are not yet available. About Risks identified in the Map function may be complex, emerge over time, or difficult to measure. Systematic methods for risk tracking, including novel measurement approaches, can be established as part of regular monitoring and improvement processes. Suggested Actions • Establish processes for tracking emergent risks that may not be measurable with current approaches. Some processes may include: • Recourse mechanisms for faulty AI system outputs. • Bug bounties. • Human -centered design approaches. • User -interaction and experience research. • Participatory stakeholder engagement with affected or potentially impacted individuals and communities. • Identify AI actors responsible for tracking emergent risks and inventory methods. • Determine and document the rate of occurrence and severity level for complex or difficult -to-measure risks when: • Prioritizing new measurement approaches for deployment tasks. • Allocating AI system risk management resources. • Evaluating AI system improvements. • Making go/no -go decisions for subsequent system iterations. Transparency & Documentation Organizations can document the following • Who is ultimately responsible for the decisions of the AI and is this person aware of the intended uses and limitations of the analytic? • Who will be responsible for maintaining, re -verifying, monitoring, and updating this AI once deployed? • To what extent does the entity communicate its AI strategic goals and objectives to the community of stakeholders? 132 of 142 • Given the purpose of this AI, what is an appropriate interval for checking whether it is still accurate, unbiased, explainable, etc.? What are the checks for this model? • If anyone believes that the AI no longer meets this ethical framework, who will be responsible for receiving the concern and as appropriate investigating and remediating the issue? Do they have authority to modify, limit, or stop the use of the AI? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References ISO. "ISO 9241 -210:2019 Ergonomics of human -system interaction — Part 210: Human - centred design for interactive systems." 2nd ed. ISO Standards, July 2019. Mark C. Paulk, Bill Curtis, Mary Beth Chrissis, and Charles V. Weber. “Capability Maturity Model, Version 1.1.” IEEE Software 10, no. 4 (1993): 18 –27. Jeff Patton, Peter Economy, Martin Fowler, Alan Cooper, and Marty Cagan. User Story Mapping: Discover the Whole Story, Build the Right Product. O'Reilly, 2014. Rumman Chowdhury and Jutta Williams. "Introducing Twitter’s first algorithmic bias bounty challenge." Twitter Engineering Blog, July 30, 2021. HackerOne. "Twitter Algorithmic Bias." HackerOne, August 8, 2021. Josh Kenway, Camille François, Sasha Costanza -Chock, Inioluwa Deborah Raji, and Joy Buolamwini. "Bug Bounties for Algorithmic Harms?" Algorithmic Justice League, January 2022. Microsoft. “Community Jury.” Microsoft Learn's Azure Application Architecture Guide, 2023. Margarita Boyarskaya, Alexandra Olteanu, and Kate Crawford. "Overcoming Failures of Imagination in AI Infused System Development and Deployment." arXiv preprint, submitted December 10, 2020. MEASURE 3.3 Feedback processes for end users and impacted communities to report problems and appeal system outcomes are established and integrated into AI system evaluation metrics. About Assessing impact is a two -way effort. Many AI system outcomes and impacts may not be visible or recognizable to AI actors across the development and deployment dimensions of the AI lifecycle, and may require direct feedback about system outcomes from the perspective of end users and impacted groups. 133 of 142 Feedback can be collected indirectly, via systems that are mechanized to collect errors and other feedback from end users and operators Metrics and insights developed in this sub -category feed into Manage 4.1 and 4.2. Suggested Actions • Measure efficacy of end user and operator error reporting processes. • Categorize and analyze type and rate of end user appeal requests and results. • Measure feedback activity participation rates and awareness of feedback activity availability. • Utilize feedback to analyze measurement approaches and determine subsequent courses of action. • Evaluate measurement approaches to determine efficacy for enhancing organizational understanding of real world impacts. • Analyze end user and community feedback in close collaboration with domain experts. Transparency & Documentation Organizations can document the following • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? • Did your organization address usability problems and test whether user interfaces served their intended purposes? • How easily accessible and current is the information available to external stakeholders? • What type of information is accessible on the design, operations, and limitations of the AI system to external stakeholders, including end users, consumers, regulators, and individuals impacted by use of the AI system? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • WEF Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations References Sasha Costanza -Chock. Design Justice: Community -Led Practices to Build the Worlds We Need. Cambridge: The MIT Press, 2020. David G. Robinson. Voices in the Code: A Story About People, Their Values, and the Algorithm They Made. New York: Russell Sage Foundation, 2022. Fernando Delgado, Stephen Yang, Michael Madaio, and Qian Yang. "Stakeholder Participation in AI: Beyond 'Add Diverse Stakeholders and Stir.'" arXiv preprint, submitted November 1, 2021. 134 of 142 George Margetis, Stavroula Ntoa, Margherita Antona, and Constantine Stephanidis. “Human - Centered Design of Artificial Intelligence.” In Handbook of Human Factors and Ergonomics, edited by Gavriel Salvendy and Waldemar Karwowski, 5th ed., 1085 –1106. John Wiley & Sons, 2021. Ben Shneiderman. Human -Centered AI. Oxford: Oxford University Press, 2022 Batya Friedman, David G. Hendry, and Alan Borning. “A Survey of Value Sensitive Design Methods.” Foundations and Trends in Human -Computer Interaction 11, no. 2 (November 22, 2017): 63 –125. Batya Friedman, Peter H. Kahn, Jr., and Alan Borning. "Value Sensitive Design: Theory and Methods." University of Washington Department of Computer Science & Engineering Technical Report 02 -12-01, December 2002. Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, and Jacob Metcalf. “Assembling Accountability: Algorithmic Impact Assessment for the Public Interest.” SSRN, July 8, 2021. Alexandra Reeve Givens, and Meredith Ringel Morris. “Centering Disability Perspectives in Algorithmic Fairness, Accountability, & Transparency.” FAT* '20: Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency, January 27, 2020, 684 -84. MEASURE 4.1 Measurement approaches for identifying AI risks are connected to deployment context(s) and informed through consultation with domain experts and other end users. Approaches are documented. About AI Actors carrying out TEVV tasks may have difficulty evaluating impacts within the system context of use. AI system risks and impacts are often best described by end users and others who may be affected by output and subsequent decisions. AI Actors can elicit feedback from impacted individuals and communities via participatory engagement processes established in Govern 5.1 and 5.2, and carried out in Map 1.6, 5.1, and 5.2. Activities described in the Measure function enable AI actors to evaluate feedback from impacted individuals and communities. To increase awareness of insights, feedback can be evaluated in close collaboration with AI actors responsible for impact assessment, human - factors, and governance and oversight tasks, as well as with other socio -technical domain experts and researchers. To gain broader expertise for interpreting evaluation outcomes, organizations may consider collaborating with advocacy groups and civil society organizations. Insights based on this type of analysis can inform TEVV -based decisions about metrics and related courses of action. 135 of 142 Suggested Actions • Support mechanisms for capturing feedback from system end users (including domain experts, operators, and practitioners). Successful approaches are: • conducted in settings where end users are able to openly share their doubts and insights about AI system output, and in connection to their specific context of use (including setting and task -specific lines of inquiry) • developed and implemented by human -factors and socio -technical domain experts and researchers • designed to ensure control of interviewer and end user subjectivity and biases • Identify and document approaches • for evaluating and integrating elicited feedback from system end users • in collaboration with human -factors and socio -technical domain experts, • to actively inform a process of continual improvement. • Evaluate feedback from end users alongside evaluated feedback from impacted communities (MEASURE 3.3). • Utilize end user feedback to investigate how selected metrics and measurement approaches interact with organizational and operational contexts. • Analyze and document system -internal measurement processes in comparison to collected end user feedback. • Identify and implement approaches to measure effectiveness and satisfaction with end user elicitation techniques, and document results. Transparency & Documentation Organizations can document the following • Did your organization address usability problems and test whether user interfaces served their intended purposes? • How will user and peer engagement be integrated into the model development process and periodic performance review once deployed? • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? • To what extent are the established procedures effective in mitigating bias, inequity, and other concerns resulting from the system? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. • WEF Companion to the Model AI Governance Framework – Implementation and Self - Assessment Guide for Organizations 136 of 142 References Batya Friedman, and David G. Hendry. Value Sensitive Design: Shaping Technology with Moral Imagination. Cambridge, MA: The MIT Press, 2019. Batya Friedman, David G. Hendry, and Alan Borning. “A Survey of Value Sensitive Design Methods.” Foundations and Trends in Human -Computer Interaction 11, no. 2 (November 22, 2017): 63 –125. Steven Umbrello, and Ibo van de Poel. “Mapping Value Sensitive Design onto AI for Social Good Principles.” AI and Ethics 1, no. 3 (February 1, 2021): 283 –96. Karen Boyd. “Designing Up with Value -Sensitive Design: Building a Field Guide for Ethical ML Development.” FAccT '22: 2022 ACM Conference on Fairness, Accountability, and Transparency, June 20, 2022, 2069 –82. Janet Davis and Lisa P. Nathan. “Value Sensitive Design: Applications, Adaptations, and Critiques.” In Handbook of Ethics, Values, and Technological Design, edited by Jeroen van den Hoven, Pieter E. Vermaas, and Ibo van de Poel, January 1, 2015, 11 –40. Ben Shneiderman. Human -Centered AI. Oxford: Oxford University Press, 2022. Shneiderman, Ben. “Human -Centered AI.” Issues in Science and Technology 37, no. 2 (2021): 56 –61. Shneiderman, Ben. “Tutorial: Human -Centered AI: Reliable, Safe and Trustworthy.” IUI '21 Companion: 26th International Conference on Intelligent User Interfaces - Companion, April 14, 2021, 7 –8. George Margetis, Stavroula Ntoa, Margherita Antona, and Constantine Stephanidis. “Human - Centered Design of Artificial Intelligence.” In Handbook of Human Factors and Ergonomics, edited by Gavriel Salvendy and Waldemar Karwowski, 5th ed., 1085 –1106. John Wiley & Sons, 2021. Caitlin Thompson. “Who's Homeless Enough for Housing? In San Francisco, an Algorithm Decides.” Coda, September 21, 2021. John Zerilli, Alistair Knott, James Maclaurin, and Colin Gavaghan. “Algorithmic Decision - Making and the Control Problem.” Minds and Machines 29, no. 4 (December 11, 2019): 555 – 78. Fry, Hannah. Hello World: Being Human in the Age of Algorithms. New York: W.W. Norton & Company, 2018. Sasha Costanza -Chock. Design Justice: Community -Led Practices to Build the Worlds We Need. Cambridge: The MIT Press, 2020. David G. Robinson. Voices in the Code: A Story About People, Their Values, and the Algorithm They Made. New York: Russell Sage Foundation, 2022. 137 of 142 Diane Hart, Gabi Diercks -O'Brien, and Adrian Powell. “Exploring Stakeholder Engagement in Impact Evaluation Planning in Educational Development Work.” Evaluation 15, no. 3 (2009): 285 –306. Asit Bhattacharyya and Lorne Cummings. “Measuring Corporate Environmental Performance – Stakeholder Engagement Evaluation.” Business Strategy and the Environment 24, no. 5 (2013): 309 –25. Hendricks, Sharief, Nailah Conrad, Tania S. Douglas, and Tinashe Mutsvangwa. “A Modified Stakeholder Participation Assessment Framework for Design Thinking in Health Innovation.” Healthcare 6, no. 3 (September 2018): 191 –96. Fernando Delgado, Stephen Yang, Michael Madaio, and Qian Yang. "Stakeholder Participation in AI: Beyond 'Add Diverse Stakeholders and Stir.'" arXiv preprint, submitted November 1, 2021. Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, and Jacob Metcalf. “Assembling Accountability: Algorithmic Impact Assessment for the Public Interest.” SSRN, July 8, 2021. Alexandra Reeve Givens, and Meredith Ringel Morris. “Centering Disability Perspectives in Algorithmic Fairness, Accountability, & Transparency.” FAT* '20: Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency, January 27, 2020, 684 -84. MEASURE 4.2 Measurement results regarding AI system trustworthiness in deployment context(s) and across AI lifecycle are informed by input from domain experts and other relevant AI actors to validate whether the system is performing consistently as intended. Results are documented. About Feedback captured from relevant AI Actors can be evaluated in combination with output from Measure 2.5 to 2.11 to determine if the AI system is performing within pre -defined operational limits for validity and reliability, safety, security and resilience, privacy, bias and fairness, explainability and interpretability, and transparency and accountability. This feedback provides an additional layer of insight about AI system performance, including potential misuse or reuse outside of intended settings. Insights based on this type of analysis can inform TEVV -based decisions about metrics and related courses of action. Suggested Actions • Integrate feedback from end users, operators, and affected individuals and communities from Map function as inputs to assess AI system trustworthiness characteristics. Ensure both positive and negative feedback is being assessed. 138 of 142 • Evaluate feedback in connection with AI system trustworthiness characteristics from Measure 2.5 to 2.11. • Evaluate feedback regarding end user satisfaction with, and confidence in, AI system performance including whether output is considered valid and reliable, and explainable and interpretable. • Identify mechanisms to confirm/support AI system output (e.g. recommendations), and end user perspectives about that output. • Measure frequency of AI systems’ override decisions, evaluate and document results, and feed insights back into continual improvement processes. • Consult AI actors in impact assessment, human factors and socio -technical tasks to assist with analysis and interpretation of results. Transparency & Documentation Organizations can document the following • To what extent does the system/entity consistently measure progress towards stated goals and objectives? • What policies has the entity developed to ensure the use of the AI system is consistent with its stated values and principles? • To what extent are the model outputs consistent with the entity’s values and principles to foster public trust and equity? • Given the purpose of the AI, what level of explainability or interpretability is required for how the AI made its determination? • To what extent can users or parties affected by the outputs of the AI system test the AI system and provide feedback? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References Batya Friedman, and David G. Hendry. Value Sensitive Design: Shaping Technology with Moral Imagination. Cambridge, MA: The MIT Press, 2019. Batya Friedman, David G. Hendry, and Alan Borning. “A Survey of Value Sensitive Design Methods.” Foundations and Trends in Human -Computer Interaction 11, no. 2 (November 22, 2017): 63 –125. Steven Umbrello, and Ibo van de Poel. “Mapping Value Sensitive Design onto AI for Social Good Principles.” AI and Ethics 1, no. 3 (February 1, 2021): 283 –96. Karen Boyd. “Designing Up with Value -Sensitive Design: Building a Field Guide for Ethical ML Development.” FAccT '22: 2022 ACM Conference on Fairness, Accountability, and Transparency, June 20, 2022, 2069 –82. 139 of 142 Janet Davis and Lisa P. Nathan. “Value Sensitive Design: Applications, Adaptations, and Critiques.” In Handbook of Ethics, Values, and Technological Design, edited by Jeroen van den Hoven, Pieter E. Vermaas, and Ibo van de Poel, January 1, 2015, 11 –40. Ben Shneiderman. Human -Centered AI. Oxford: Oxford University Press, 2022. Shneiderman, Ben. “Human -Centered AI.” Issues in Science and Technology 37, no. 2 (2021): 56 –61. Shneiderman, Ben. “Tutorial: Human -Centered AI: Reliable, Safe and Trustworthy.” IUI '21 Companion: 26th International Conference on Intelligent User Interfaces - Companion, April 14, 2021, 7 –8. George Margetis, Stavroula Ntoa, Margherita Antona, and Constantine Stephanidis. “Human - Centered Design of Artificial Intelligence.” In Handbook of Human Factors and Ergonomics, edited by Gavriel Salvendy and Waldemar Karwowski, 5th ed., 1085 –1106. John Wiley & Sons, 2021. Caitlin Thompson. “Who's Homeless Enough for Housing? In San Francisco, an Algorithm Decides.” Coda, September 21, 2021. John Zerilli, Alistair Knott, James Maclaurin, and Colin Gavaghan. “Algorithmic Decision - Making and the Control Problem.” Minds and Machines 29, no. 4 (December 11, 2019): 555 – 78. Fry, Hannah. Hello World: Being Human in the Age of Algorithms. New York: W.W. Norton & Company, 2018. Sasha Costanza -Chock. Design Justice: Community -Led Practices to Build the Worlds We Need. Cambridge: The MIT Press, 2020. David G. Robinson. Voices in the Code: A Story About People, Their Values, and the Algorithm They Made. New York: Russell Sage Foundation, 2022. Diane Hart, Gabi Diercks -O'Brien, and Adrian Powell. “Exploring Stakeholder Engagement in Impact Evaluation Planning in Educational Development Work.” Evaluation 15, no. 3 (2009): 285 –306. Asit Bhattacharyya and Lorne Cummings. “Measuring Corporate Environmental Performance – Stakeholder Engagement Evaluation.” Business Strategy and the Environment 24, no. 5 (2013): 309 –25. Hendricks, Sharief, Nailah Conrad, Tania S. Douglas, and Tinashe Mutsvangwa. “A Modified Stakeholder Participation Assessment Framework for Design Thinking in Health Innovation.” Healthcare 6, no. 3 (September 2018): 191 –96. 140 of 142 Fernando Delgado, Stephen Yang, Michael Madaio, and Qian Yang. "Stakeholder Participation in AI: Beyond 'Add Diverse Stakeholders and Stir.'" arXiv preprint, submitted November 1, 2021. Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, and Jacob Metcalf. “Assembling Accountability: Algorithmic Impact Assessment for the Public Interest.” SSRN, July 8, 2021. Alexandra Reeve Givens, and Meredith Ringel Morris. “Centering Disability Perspectives in Algorithmic Fairness, Accountability, & Transparency.” FAT* '20: Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency, January 27, 2020, 684 -84. MEASURE 4.3 Measurable performance improvements or declines based on consultations with relevant AI actors including affected communities, and field data about context -relevant risks and trustworthiness characteristics, are identified and documented. About TEVV activities conducted throughout the AI system lifecycle can provide baseline quantitative measures for trustworthy characteristics. When combined with results from Measure 2.5 to 2.11 and Measure 4.1 and 4.2, TEVV actors can maintain a comprehensive view of system performance. These measures can be augmented through participatory engagement with potentially impacted communities or other forms of stakeholder elicitation about AI systems’ impacts. These sources of information can allow AI actors to explore potential adjustments to system components, adapt operating conditions, or institute performance improvements. Suggested Actions • Develop baseline quantitative measures for trustworthy characteristics. • Delimit and characterize baseline operation values and states. • Utilize qualitative approaches to augment and complement quantitative baseline measures, in close coordination with impact assessment, human factors and socio - technical AI actors. • Monitor and assess measurements as part of continual improvement to identify potential system adjustments or modifications • Perform and document sensitivity analysis to characterize actual and expected variance in performance after applying system or procedural updates. • Document decisions related to the sensitivity analysis and record expected influence on system performance and identified risks. Transparency & Documentation Organizations can document the following • To what extent are the model outputs consistent with the entity’s values and principles to foster public trust and equity? 141 of 142 • How were sensitive variables (e.g., demographic and socioeconomic categories) that may be subject to regulatory compliance specifically selected or not selected for modeling purposes? • Did your organization implement a risk management system to address risks involved in deploying the identified AI solution (e.g. personnel risk or changes to commercial objectives)? • How will the accountable human(s) address changes in accuracy and precision due to either an adversary’s attempts to disrupt the AI or unrelated changes in the operational/business environment? • How will user and peer engagement be integrated into the model development process and periodic performance review once deployed? AI Transparency Resources • GAO -21-519SP - Artificial Intelligence: An Accountability Framework for Federal Agencies & Other Entities. • Artificial Intelligence Ethics Framework For The Intelligence Community. References Batya Friedman, and David G. Hendry. Value Sensitive Design: Shaping Technology with Moral Imagination. Cambridge, MA: The MIT Press, 2019. Batya Friedman, David G. Hendry, and Alan Borning. “A Survey of Value Sensitive Design Methods.” Foundations and Trends in Human -Computer Interaction 11, no. 2 (November 22, 2017): 63 –125. Steven Umbrello, and Ibo van de Poel. “Mapping Value Sensitive Design onto AI for Social Good Principles.” AI and Ethics 1, no. 3 (February 1, 2021): 283 –96. Karen Boyd. “Designing Up with Value -Sensitive Design: Building a Field Guide for Ethical ML Development.” FAccT '22: 2022 ACM Conference on Fairness, Accountability, and Transparency, June 20, 2022, 2069 –82. Janet Davis and Lisa P. Nathan. “Value Sensitive Design: Applications, Adaptations, and Critiques.” In Handbook of Ethics, Values, and Technological Design, edited by Jeroen van den Hoven, Pieter E. Vermaas, and Ibo van de Poel, January 1, 2015, 11 –40. Ben Shneiderman. Human -Centered AI. Oxford: Oxford University Press, 2022. Shneiderman, Ben. “Human -Centered AI.” Issues in Science and Technology 37, no. 2 (2021): 56 –61. Shneiderman, Ben. “Tutorial: Human -Centered AI: Reliable, Safe and Trustworthy.” IUI '21 Companion: 26th International Conference on Intelligent User Interfaces - Companion, April 14, 2021, 7 –8. 142 of 142 George Margetis, Stavroula Ntoa, Margherita Antona, and Constantine Stephanidis. “Human - Centered Design of Artificial Intelligence.” In Handbook of Human Factors and Ergonomics, edited by Gavriel Salvendy and Waldemar Karwowski, 5th ed., 1085 –1106. John Wiley & Sons, 2021. Caitlin Thompson. “Who's Homeless Enough for Housing? In San Francisco, an Algorithm Decides.” Coda, September 21, 2021. John Zerilli, Alistair Knott, James Maclaurin, and Colin Gavaghan. “Algorithmic Decision - Making and the Control Problem.” Minds and Machines 29, no. 4 (December 11, 2019): 555 – 78. Fry, Hannah. Hello World: Being Human in the Age of Algorithms. New York: W.W. Norton & Company, 2018. Sasha Costanza -Chock. Design Justice: Community -Led Practices to Build the Worlds We Need. Cambridge: The MIT Press, 2020. David G. Robinson. Voices in the Code: A Story About People, Their Values, and the Algorithm They Made. New York: Russell Sage Foundation, 2022. Diane Hart, Gabi Diercks -O'Brien, and Adrian Powell. “Exploring Stakeholder Engagement in Impact Evaluation Planning in Educational Development Work.” Evaluation 15, no. 3 (2009): 285 –306. Asit Bhattacharyya and Lorne Cummings. “Measuring Corporate Environmental Performance – Stakeholder Engagement Evaluation.” Business Strategy and the Environment 24, no. 5 (2013): 309 –25. Hendricks, Sharief, Nailah Conrad, Tania S. Douglas, and Tinashe Mutsvangwa. “A Modified Stakeholder Participation Assessment Framework for Design Thinking in Health Innovation.” Healthcare 6, no. 3 (September 2018): 191 –96. Fernando Delgado, Stephen Yang, Michael Madaio, and Qian Yang. "Stakeholder Participation in AI: Beyond 'Add Diverse Stakeholders and Stir.'" arXiv preprint, submitted November 1, 2021. Emanuel Moss, Elizabeth Watkins, Ranjit Singh, Madeleine Clare Elish, and Jacob Metcalf. “Assembling Accountability: Algorithmic Impact Assessment for the Public Interest.” SSRN, July 8, 2021. Alexandra Reeve Givens, and Meredith Ringel Morris. “Centering Disability Perspectives in Algorithmic Fairness, Accountability, & Transparency.” FAT* '20: Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency, January 27, 2020, 684 -84.
uk.pdf
NationalISrteatgyC 1 2NationalISrteatgyC Version1.2 PresentedtoParliament bytheSecretaryofStateforDigital,Culture,MediaandSport byCommandofHerMajesty September 2021 Command Paper 525 3 2Oontgntu Ourten-yearplantomakeBritainaglobalAIsuperpower 4 Executivesummary 7 Summaryofkeyactions 8 Introduction 10 10 Year Vision 11 TheUK’sNationalAIStrategy 14 AIpresentsuniqueopportunitiesandchallenges 16 Reflecting and protecting society 16 The longer term 17 From Sector Deal to AI Strategy 18 Pillar1:Investinginthelong-termneedsoftheAIecosystem 22 Skills and Talent 22 A new approach to research, development and innovation in AI 28 International collaboration on Research & Innovation 30 Access to data 30 DataFoundationsandUseinAISystems 31 Publicsectordata 32 Compute 33 Finance and VC 35 Trade 36 Commercialisation 40Pillar2:EnsuringAIbenefitsallsectorsandregions 40 AI deployment – understanding new dynamics 41 CreatingandprotectingIntellectualProperty 42 Using AI for the public benefit 42 Missions 44 NetZero 45 Health 46 The public sector as a buyer 46 Pillar3:GoverningAIeffectively 50 Supporting innovation and adoption while protecting the public and building trust 51 Alternativeoptions 54 Regulators’ coordination and capacity 54 International governance and collaboration 55 AI and global digital technical standards 56 AI Assurance 58 Public sector as an exemplar 59 AI risk, safety, and long-term development 60 Nextsteps 62NatinlaAISrteaty54 7 9-petgnmCgaeklanto BawgKeitainayloWal ISupkgekoRge Overthenexttenyears,theimpactof AIonbusinessesacrosstheUKand thewiderworldwillbeprofound- andUKuniversitiesandstartupsare alreadyleadingtheworldinbuilding thetoolsfortheneweconomy. New discoveries and methods for harnessing the capacity of machines to learn, aid and assist us in new ways emerge every day from our universities and businesses. AI gives us new opportunities to grow and transform businesses of all sizes, and capture the benefits of innovation right across the UK. As we build back better from the challenges of the global pandemic, and prepare for new challenges ahead, we are presented with the opportunity to supercharge our already admirable starting position on AI and to make these technologies central to our development as a global science and innovation superpower. With the help of our thriving AI ecosystem and world leading R&D system, this National AI Strategy will translate the tremendous potential of AI into better growth, prosperity and social benefits for the UK, and to lead the charge in applying AI to the greatest challenges of the 21st Century.Thisistheageofartificialintelligence. Whetherweknowitornot,weall interactwithAIeveryday-whether it’sinoursocialmediafeedsand smartspeakers,oronouronline banking.AI,andthedatathatfuels ouralgorithms,helpprotectusfrom fraudanddiagnoseseriousillness. Andthistechnologyisevolvingevery day. We’ve got to make sure we keep up with the pace of change. The UK is already a world leader in AI, as the home of trailblazing pioneers like Alan Turing and Ada Lovelace and with our strong history of research excellence. This Strategy outlines our vision for how the UK can maintain and build on its position as other countries also race to deliver their own economic and technological transformations. The challenge now for the UK is to fully unlock the power of AI and data-driven technologies, to build on our early leadership and legacy, and to look forward to the opportunities of this coming decade. This National AI Strategy will signal to the world our intention to build the most pro-innovation regulatory environment in the world; to drive prosperity across the UK and ensure everyone can benefit from AI; and to apply AI to help solve global challenges like climate change. AI will be central to how we drive growth and enrich lives, and the vision set out in our strategy will help us achieve both of those vital goals. TEIrSTEIGFUN, rUOGUFIGD-LrFIFUL-G KMrSNUrrPUNUG,DINc SNcMrFGSIvrFGIFU,DNIcSNUc-GGSUr rUOGUFIGD-LrFIFUL-G cS,SFIvPOMvFMGUPfUcSI INcrd-GF NatinlaAISrteaty54 U1g0ptiVgupBBaeC ArtificialIntelligence(AI)isthefastestgrowingdeeptechnology1intheworld,withhuge potentialtorewritetherulesofentireindustries,drivesubstantialeconomicgrowthand transformallareasoflife.TheUKisaglobalsuperpowerinAIandiswellplacedtoleadthe worldoverthenextdecadeasagenuineresearchandinnovationpowerhouse,ahiveof globaltalentandaprogressiveregulatoryandbusinessenvironment. Many of the UK’s successes in AI were supported by the 2017 Industrial Strategy, which set out the government’s vision to make the UK a global centre for AI innovation. In April 2018, the government and the UK’s AI ecosystem agreed a near £1 billion AI Sector Deal to boost the UK’s global position as a leader in developing AI technologies. This new National AI Strategy builds on the UK’s strengths but also represents the start of a step- change for AI in the UK, recognising the power of AI to increase resilience, productivity, growth and innovation across the private and public sectors. This is how we will prepare the UK for the next ten years, and is built on three assumptions about the coming decade: • The key drivers of progress, discovery and strategic advantage in AI are access to people, data, compute and finance – all of which face huge global competition; • AI will become mainstream in much of the economy and action will be required to ensure every sector and region of the UK benefit from this transition; • Our governance and regulatory regimes will need to keep pace with the fast-changing demands of AI, maximising growth and competition, driving UK excellence in innovation, and protecting the safety, security, choices and rights of our citizens. The UK’s National AI Strategy therefore aims to: • Investandplanforthelong-termneedsoftheAIecosystem to continue our leadership as a science and AI superpower; • SupportthetransitiontoanAI-enabledeconomy, capturing the benefits of innovation in the UK, and ensuring AI benefits all sectors and regions; • EnsuretheUKgetsthenationalandinternationalgovernanceofAItechnologiesright to encourage innovation, investment, and protect the public and our fundamental values. This will be best achieved through broad public trust and support, and by the involvement of the diverse talents and views of society. 8 NatinlaAISrteaty54 rpBBaeCo’wgCa0tionu 0 uInvestingintheLongTermNeedsoftheAIEcosystem EnsuringAIBenefitsAllSectorsandRegions GoverningAIEffectively Shortterm (next3 months):■Publish a framework for Government's role in enabling better data availability in the wider economy ■Consult on the role and options for a National Cyber-Physical Infrastructure Framework ■Support the development of AI, data science and digital skills through the DepartmentforEducation’sSkillsBootcamps■Begin engagement on the Draft National Strategy for AI-driven technologies in HealthandSocialCare , through the NHS AI Lab ■Publish the DefenceAIStrategy , through the Ministry of Defence ■Launch a consultationoncopyrightandpatentsforAI through the IPO■Publish the CDEI AIassurance roadmap ■Determine the role of data protection in wider AI governance following the Data:Anewdirectionconsultation ■Publish details of the approachestheMinistryofDefencewill usewhenadoptingandusingAI ■Develop an all-of-governmentapproachtointernationalAI activity Medium term (next6 months):■Publish research into what skillsare needed to enable employees to use AI in a business setting and identify how national skills provision can meet those needs ■Evaluate the privatefunding needs and challenges of AI scaleups ■Support the National Centre for Computing Education to ensure AI programmesforschools are accessible ■SupportabroaderrangeofpeopletoenterAI-relatedjobs by ensuring career pathways highlight opportunities to work with or develop AI ■Implement the USUKDeclarationonCooperationinAIR&D ■Publish a review into the UK’s compute capacity needs to support AI innovation, commercialisation and deployment ■Roll out newvisaregimes to attract the world's best AI talent to the UK■Publish research into opportunities to encourage diffusionofAI across the economy ■Consider how InnovationMissions include AI capabilities and promote ambitious mission-based cooperation through bilateral and multilateral efforts ■Extend UK aid to support local innovation in developing countries ■Build an open repositoryofAIchallenges with real-world applications ■Publish White Paper on a pro-innovation national position on governingandregulating AI ■Complete an in-depth analysis on algorithmictransparency , with a view to develop a cross-government standard ■Pilot an AIStandards Hub to coordinate UK engagement in AI standardisation globally ■Establish medium and long term horizon scanning functions to increasegovernment’sawarenessofAIsafety Longterm (next12 monthsand beyond):■Undertake a review of our international and domestic approach to semiconductorsupplychains ■Consider what openandmachine-readablegovernment datasets can be published for AI models ■Launch a new NationalAIResearchandInnovationProgramme that will align funding programmes across UKRI and support the wider ecosystem ■WorkwithglobalpartnersonsharedR&Dchallenges, leveraging Overseas Development Assistance to put AI at the heart of partnerships worldwide ■BackdiversityinAI by continuing existing interventions across top talent, PhDs, AI and Data Science Conversion Courses and Industrial Funded Masters ■Monitor and use National Security and Investment Act to protect nationalsecurity while keeping the UK open for business ■Includetradedealprovisionsinemergingtechnologies, including AI■Launch joint Office for AI / UKRI programme to stimulate the development and adoptionofAI technologies in high potential, lower-AI-maturity sectors ■Continue supporting the development of capabilities around trustworthiness,adoptability,andtransparency of AI technologies through the National AI Research and Innovation Programme ■Join up across government to identify where usingAIcanprovide acatalyticcontributiontostrategicchallenges■Explore with stakeholders the development of an AI technical standardsengagement toolkit to support the AI ecosystem to engage in the global AI standardisation landscape ■Work with partners in multilateral and multi-stakeholder fora, and invest in GPAIto shape and support AIgovernance in line with UK values and priorities ■Work with The Alan Turing Institute to updateguidanceonAI ethicsandsafetyinthepublicsector ■Work with national security, defence, and leading researchers to understandwhatpublicsectoractionscansafelyadvanceAI andmitigatecatastrophicrisks 11 1cSnteoqp0tion ArtificialIntelligencetechnologies(AI) offerthepotentialtotransformtheUK’s economiclandscapeandimprovepeople’s livesacrossthecountry,transforming industriesanddeliveringfirst-classpublic services. AI may be one of the most important innovations in human history, and the government believes it is critical to both our economic and national security that the UK prepares for the opportunities AI brings, and that the country is at the forefront of solving the complex challenges posed by an increased use of AI. This country has a long and exceptional history in AI – from Alan Turing’s early work through to DeepMind’s recent pioneering discoveries. In terms of AI startups and scaleups, private capital invested and conference papers submitted, the UK sits in the top tier of AI nations globally. The UK ranked third in the world for private investment into AI companies in 2020, behind only the USA and China. The National AI Strategy builds on the UK’s current strengths and represents the start of a step-change for AI in the UK, recognising that maximising the potential of AI will increase resilience, productivity, growth and innovation across the private and public sectors. Building on our strengths in AI will take a whole-of-society effort that will span the next decade. This is a top-level economic, security, health and wellbeing priority. The UK government sees being competitive in AI as vital to our national ambitions on regional prosperity and for shared global challenges such as net zero, health resilience and environmental sustainability. AI capability is therefore vital for the UK's international influence as a global science superpower. The National AI Strategy for the United Kingdom will prepare the UK for the next ten years, and is built on three assumptions about the coming decade: • The key drivers of progress, discovery and strategic advantage in AI are access to people, data, compute and finance – all of which face huge global competition; • AI will become mainstream in much of the economy and action will be required to ensure every sector and region of the UK benefit from this transition; • Our governance and regulatory regimes will need to keep pace with the fast- changing demands of AI, maximising growth and competition, driving UK excellence in innovation, and protecting the safety, security, choices and rights of our citizens. This document sets out the UK’s strategic intent at a level intended to guide action over the next ten years, recognising that AI is a fast moving and dynamic area. Detailed and measurable plans for the execution of the first stage of this strategy will be published later this year.fl:Dgae&iuion Over the next decade, as transformative technologies continue to reshape our economy and society, the world is likely to see a shift in the nature and distribution of global power. We are seeing how, in the case of AI, rapid technological change seeks to rebalance the science and technology dominance of existing superpowers like the US and China, and wider transnational challenges demand greater collective action in the face of continued global security and prosperity. With this in mind, the UK has an opportunity over the next ten years to position itself as the best place to live and work with AI; with clear rules, applied ethical principles and a pro-innovation regulatory environment. With the right ingredients in place, we will be both a genuine innovation powerhouse and the most supportive business environment in the world, where we cooperate on using AI for good, advocate for international standards that reflect our values, and defend against the malign use of AI. Whether it is making the decision to study AI, work at the cutting edge of research or spin up an AI business, our investments in skills, data and infrastructure will make it easier than ever to succeed. Our world-leading R&D system will step up its support of innovators at every step of their journey, from deep research to building and shipping products. If you are a talented AI researcher from abroad, coming to the UK will be easier than ever through the array of visa routes which are available. If you run a business – whether it is a startup, SME or a large corporate – the government wants you to have access to the people, knowledge and infrastructure you need to get your business ahead of the transformational change AI will bring, making the UK a globally- competitive, AI-first economy which benefits every region and sector. By leading with our democratic values, the UK will work with partners around the world to make sure international agreements embed our ethical values, making clear that progress in AI must be achieved responsibly, according to democratic norms and the rule of law. And by increasing the number and diversity of people working with and developing AI, by putting clear rules of the road in place and by investing across the entire country, we will ensure the real-world benefits of AI are felt by every member of society. Whether that is more accurate AI-enabled diagnostics in the NHS, the promise of driverless cars to make our roads safer and smarter, or the hundreds of unforeseen benefits that AI could bring to improve everyday life.TheUK’sNationalArtificialIntelligenceStrategyaimsto: • Invest and plan for the long term needs of the AI ecosystem to continue our leadership as a science and AI Superpower; • Support the transition to an AI-enabled economy, capturing the benefits of innovation in the UK, and ensuring AI benefits all sectors and regions; • Ensure the UK gets the governance of AI technologies right to encourage innovation, investment, and protect the public and our fundamental values. Thiswillbebestachievedthroughbroadpublictrustandsupport,andbytheinvolvementof thediversetalentsandviewsofsociety.NatinlaAISrteaty54 13 12NatinlaAISrteaty54 Slten6pstinl The National AI Strategy does not stand alone. It purposefully supports and amplifies the other, interconnected work of government including: • ThePlanforGrowth andrecent InnovationStrategy , which recognise the need to develop a diverse and inclusive pipeline of AI professionals with the capacity to supercharge innovation; • TheIntegratedReview , to find new paths for UK excellence in AI to deliver prosperity and security at home and abroad, and shape the open international order of the future; • TheNationalDataStrategy , published in September 2020, sets out our vision to harness the power of responsible data use to boost productivity, create new businesses and jobs, improve public services, support a fairer society, and drive scientific discovery, positioning the UK as the forerunner of the next wave of innovation; • ThePlanforDigitalRegulation , which sets out our pro-innovation approach to regulating digital technologies in a way that drives prosperity and builds trust in their use; • TheupcomingNationalCyberStrategy to continue the drive for securing emerging technologies, including building security into the development of AI;• TheforthcomingDigitalStrategy , which will build on DCMS's Ten Tech Priorities to further set out the government’s ambitions in the digital sector; • AnewDefenceAIcentre as a keystone piece of the modernisation of Defence; • TheNationalSecurityTechnology Innovationexchange (NSTIx), a data science & AI co-creation space that brings together National Security stakeholders, industry and academic partners to build better national security capabilities; and • Theupcoming NationalResilience Strategy , which will in part focus on how the UK will stay on top of technological threats. The government’s AI Council has played a central role in gathering evidence to inform the development of this strategy, including through its roadmap published at the beginning of the year, which represents a valuable set of recommendations reflecting much of the wider AI community in the UK. The wider ecosystem also fed in through a surveyrun by the AI Council in collaboration with The Alan Turing Institute. The government remains grateful to the AI Council for its continued leadership of the AI ecosystem, and would like to thank those from across the United Kingdom who shared their views during the course of developing this strategy.ThegoalsofthisStrategyarethatthe UK: 1. Experiences a significant growth in both the number and type of discoveries that happen in the UK, and are commercialised and exploited here; 2. Benefits from the highest amount of economic and productivity growth due to AI; and 3. Establishes the most trusted and pro- innovation system for AI governance in the world. This vision can be achieved if we build on three pillars fundamental to the development of AI: 1. Investing in the needs of the ecosystem to see more people working with AI, more access to data and compute resources to train and deliver AI systems, and access to finance and customers to grow sectors; 2. Supporting the diffusion of AI across the whole economy to ensure all regions, nations, businesses and sectors can benefit from AI; and 3. Developing a pro-innovation regulatory and governance framework that protects the public.TheAICouncil The AI Council was established in 2019 to provide expert advice to the government and high-level leadership of the AI ecosystem. The AI Council demonstrates a key commitment made in the AI Sector Deal, bringing together respected leaders in their fields from across industry, academia and the public sector. Members meet quarterly to advise the Office for AI and broader government on its current priorities, opportunities and challenges for AI policy. In January 2021, the AI Council published its ‘AI Roadmap’ providing 16 recommendations to the government on the strategic direction for AI. Its central call was for the government to develop a National AI Strategy, building on the success of investments made through the AI Sector Deal whilst remaining adaptable to future technological disruption. Since then, the Council has led a programme of engagement with the wider AI community to inform the development of the National AI Strategy. To guide the delivery and implementation of this strategy the government will renew and strengthen the role of the AI Council, ensuring it continues to provide expert advice to government and high-level leadership of the AI ecosystem. 17 19Pillar1:Investinginthe longtermneedsoftheAI ecosystemPillar3:GoverningAI effectivelyPillar2:EnsuringAI benefitsallsectorsand regionsToremainanAIandsciencesuperpowerfitforthenextdecade Governmentactivityinthisstrategyandoverthenext10yearsReducedcompetition forAIskills NewAIscientific breakthroughs Greaterworkforce diversity AppliedAItechnologies tonewusecases Increasedinvestment inUKAIcompaniesAgrowingUK supplierbase WiderAIadoptionin industries&regions GreaterUKAIexports PublicSectoras exemplarforAI procurement&ethics Greaterpublicvalue formoneyIncreaseddiversityin appliedAI Improvedpublictrust inAI Increasedresponsible innovation UKmaintainsits positionasaglobal leaderinAICertaintyfortheUKAI ecosystemProtectand further fundamental UKvaluesStrong domesticAI capabilitiesto address National SecurityissuesGrowthinthe UK’sAIsector, contributingto UKGDPgrowthUKmaintains itspositionasa globalleaderin AIresearch& developmentBenefitsofAI adoption sharedacross everyregion andsectorActivities Outcomes Impacts VisionNatinlaAISrteaty54 F–gMT2uNationalISrteatgyC 18 1qISkegugntupni2pg okkoetpnitiguanq 0–allgnygu ‘ArtificialIntelligence’asatermcanmean alotofthings,andthegovernment recognisesthatnosingledefinitionis goingtobesuitableforeveryscenario.In general,thefollowingdefinitionis sufficientforourpurposes:“Machinesthat performtasksnormallyrequiringhuman intelligence,especiallywhenthemachines learnfromdatahowtodothosetasks.” TheUKgovernmenthasalsosetouta legaldefinitionofAIintheNational SecurityandInvestmentAct.2 Much like James Watt’s 1776 steam engine, AI is a ‘general purpose technology’ (or more accurately, technologies) that has many possible applications, and we expect them to have a transformational impact on the whole economy. Already, AI is used in everyday contexts like email spam filtering, media recommendation systems, navigation apps, payment transaction validation and verification, and many more. AI technologies will impact the whole economy, all of society and us as individuals. Many of the themes in AI policy are similar to tech and digital policy more widely: the commercialisation journeys; the reliance on internationally mobile talent; the importance of data; and consolidation of economic functions onto platforms. However there are some key examples of differences derived from the above definition which differentiate AI and require a unique policy response from the government.• In regulatory matters, a system’s autonomy raises unique questions around liability and fairness as well as riskand safety– and even ownership of creative content3– in a way which is distinct to AI, and these questions increase with the relative complexity of the algorithm. There are also questions of transparency and biaswhich arise from decisions made by AI systems. • There are often greater infrastructural requirements for AI services than in cloud/Software as a Service systems. In buildinganddeploying some models, access to expensive high performance computing and/or large data sets is needed. • Multiple skillsare required to develop, validate and deploy AI systems, and the commercialisationandproduct journey can be longer and more expensive because so much starts with fundamental R&D. Gg3g0tinyanqkeotg0tinyuo0igtC AI makes predictions and decisions, and fulfils tasks normally undertaken by humans. While diverse opinions, skills, backgrounds and experience are hugely important in designing any service – digital or otherwise – it is particularly important in AI because of the executive function of the systems. As AI increasingly becomes an enabler for transforming the economy and our personal lives, there are at least three reasons we should care about diversity in our AI ecosystem: • MORAL: As AI becomes an organising principle which creates new opportunities and changes the shape of industries and the competitive dynamics across the economy, there is a moral imperative to ensure people from all backgrounds and parts of the UK are able to participate and thrive in this new AI economy. • SOCIAL: AI systems make decisions based on the data they have been trained on. If that data - or the system it is embedded in - is not representative, it risks perpetuating or even cementing new forms of bias in society. It is therefore important that people from diverse backgrounds are included in the development and deployment of AI systems. • ECONOMIC: There are big economic benefits to a diverse AI ecosystem. These include increasing the UK’s human capital from a diverse labour supply, creating a wider range of AI services that stimulate demand, ensuring the best talent is discovered from the most diverse talent pool.F–glonygetgeB Making specific predictions about the future impact of a technology – as opposed to the needs of those developing and using it today – has a long history in AI. Since the 1950s various hype cycles have given way to so-called ‘AI winters’ as the promises made have perpetually remained ‘about 20 years away’. While the emergence of Artificial General Intelligence (AGI) may seem like a science fiction concept, concern about AI safety and non- human-aligned systems4is by no means restricted to the fringes of the field.5The government’s first focus is on the economic and social outcomes of autonomous and adaptive systems that exist today. However, we take the firm stance that it is critical to watch the evolution of the technology, to take seriously the possibility of AGI and ‘moregeneralAI’ , and to actively direct the technology in a peaceful, human-aligned direction.6 The emergence of full AGI would have a transformational impact on almost every aspect of life, but there are many challenges which could be presented by AI which could emerge much sooner than this. As a general purpose technology AI will have economic and social impacts comparable to the combustion engine, the car, the computer and the internet. As each of these has disrupted and changed the shape of the world we live in - so too could AI, long before any system ‘wakes up.’NatinlaAISrteaty54 10 1uNatinlaAISrteaty54 IShey:ylt:plivpynhhnetplitiy:al6s-aAAyl5y: The choices that are made in the here and now to develop AI will shape the future of humanity and the course of international affairs. For example, whether AI is used to enhance peace, or a cause for war; whether AI is used to strengthen our democracies, or embolden authoritarian regimes. As such we have a responsibility to not only look at the extreme risks that could be made real with AGI, but also to consider the dual-use threats we are already faced with today. LeoBrg0toecgaltoISrteatgyC The UK is an AI superpower, with particular strengths in research, investment and innovation. The UK’s academic and commercial institutions are well known for conducting world-leading AI research, and the UK ranks 3rd in the world for AI publication citations per capita.7This research strength was most recently demonstrated in November 2020 when DeepMind , a UK-based AI company, used AlphaFold to find a solution to a 50-year-old grand challenge in biology.8 The UK has the 3rd highest number of AI companies in the world after the US and China. Alongside DeepMind, the UK is home to Graphcore , a Bristol-based machine learning semiconductor company; Darktrace , a world-leading AI company for cybersecurity; and BenevolentAI , a company changing the way we treat disease. The UK also attracts some of the best AI talent from around the world9– the UK was the second most likely global destination for mobile AI researchers after the USA. The government has invested more than £2.3 billion into Artificial Intelligence across a range of initiatives since 2014.10This portfolio of investment includes, but is not limited to: • £250 million to develop the NHS AI Lab at NHSX to accelerate the safe adoption of Artificial Intelligence in health and care; • £250 million into Connected and Autonomous Mobility (CAM) technology through the Centre for Connected and Autonomous Vehicles (CCAV) to develop the future of mobility in the UK; • 16 new AI Centres for Doctoral Training at universities across the country, backed by up to £100 million and delivering 1,000 new PhDs over five years; • A new industry-funded AI Masters programme and up to 2,500 places for AI and data science conversion courses. This includes up to 1,000 government-funded scholarships; • Investment into The Alan Turing Institute and over £46 million to support the Turing AI Fellowships to develop the next generation of top AI talent; • Over £372 million of investment into UK AI companies through the British Business Bank for the growing AI sector;AlphaFold&AlphaFold2 In November 2020, London-based DeepMind announced that they had solved one of the longest running modern challenges in biology: predicting how proteins - the building blocks of life which underpin every biological process in every living thing - take shape, or ‘fold’. AlphaFold, DeepMind’s deep learning AI system, broke all previous accuracy levels dating back over 50 years, and in July 2021 the organisation open sourced the code for AlphaFold together with over 350,000 protein structure predictions, including the entire human proteome, via the AlphaFold database in partnership with EMBL-EBI. DeepMind’s decision to share this knowledge openly with the world, demonstrates both the opportunity that AI presents, as well as what this strategy seeks to support: bleeding-edge research happening in the UK and with partners around the world, solving big global challenges. AlphaFold opens up a multitude of new avenues in research – helping to further our understanding of biology and the nature of the world around us. It also has a multitude of potential real-world applications, such as deepening our understanding of how bacteria and viruses attack the body in order to develop more effective prevention and treatment, or support the identification of proteins and enzymes that can break down industrial or plastic waste. 21 2cNatinlaAISrteaty54 IShey:ylt:plivpynhhnetplitiy:al6s-aAAyl5y: the UK has a globally competitive R&D and industrial strength11and has been widely cited as a set of technologies in which the UK must maintain a leading edge to guarantee our continued security and prosperity in an intensifying geopolitical landscape.• £172 million of investment through the UKRI into the Hartree National Centre for Digital Innovation, leveraging an additional £38 million of private investment into High Performance Computing. Further investments have been made into the Tech Nation Applied AI programme – now in its third iteration; establishing the Office for National Statistics Data Science Campus ; the Crown Commercial Service’s public sector AI procurement portal ; and support for the Department for International Trade attracting AI related Foreign Direct Investment into the UK. As part of the AI Sector Deal, the government established the AI Council to bring together respected leaders to strengthen the conversation between academia, industry, and the public sector. The Office for Artificial Intelligence was created as a new team within government to take responsibility for overarching AI policy across government and to be a focal point for the AI ecosystem through its secretariat of the AI Council. The Centre for Data Ethics and Innovation (CDEI) was established as a government expert body focused on the trustworthy use of data and AI in the public and private sector. This strategy builds on the recent history of government support for AI and considers the next key steps to harness its potential in the UK for the coming decade. In doing so, the National AI Strategy leads on from the ambitions outlined in the government’s Innovation Strategy to enable UK businesses and innovators to respond to economic opportunities and real-world problems through our national innovation prowess. AI was identified in the Innovation Strategy as one of the seven technology families where 23 22Increasingdiversityandclosingtheskillsgapthroughpostgraduateconversioncoursesin datascienceandartificialintelligence As a result of the growing skills gap in AI and data science, 2,500 new Masters conversion courses in AI and data science are now being delivered across universities in England. The conversion course programme included up to 1,000 scholarships to increase the number of people from underrepresented groups and to encourage graduates from diverse backgrounds to consider a future in AI and Data Science. In the first year over 1,200 students enrolled, with 22% awarded scholarships. Over 40% of the total students are women, one quarter are black students and 15% of students are disabled. 70% of the total students are studying on courses based outside of London and the South East. These conversion courses are providing the opportunity to develop new digital skills or retrain to help find new employment in the UK’s cutting-edge AI and data science sectors, ensuring that industry and the public sector can access the greatest supply of talent across the whole country. Government’saimistogreatlyincrease thetype,frequencyandscaleofAI discoverieswhicharedevelopedand exploitedintheUK. This will be achieved by: • Making sure the UK’s research, development and innovation system continues to be world leading, providing the support to allow researchers and entrepreneurs to forge new frontiers in AI; • Guaranteeing that the UK has access to a diverse range of people with the skills needed to develop the AI of the future and to deploy it to meet the demands of the new economy; • Ensuring innovators have access to the data and computing resources necessary to develop and deliver the systems that will drive the UK economy for the next decade; • Supporting growth for AI through a pro- innovation business environment and capital market, and attracting the best people and firms to set up shop in the UK; • Ensuring UK AI developers can access markets around the world.Investing in and planning for the long term needs of the AI ecosystem to remain a science and AI superpower To maintain the UK’s position amongst the global AI superpowers and ensure the UK continues to lead in the research, development, commercialisation and deployment of AI, we need to invest in, plan for, secure and unlock the critical inputs that underpin AI innovation. rwilluanqFalgnt Continuingtodevelop,attractandtrain thebestpeopletobuildanduseAIisat thecoreofmaintainingtheUK’sworld- leadingposition.Byinspiringallwiththe possibilitiesAIpresents,theUKwill continuetodevelopthebrightest,most diverseworkforce. Building a tech-savvy nation by supporting skills for the future is one of the government’s ten tech priorities . The gap between demand and supply of AI skills remains significant and growing,12,13 despite a number of new AI skills initiatives since the 2018 AI Sector Deal. In order to meet demand, the UK needs a larger workforce with AI expertise. Last year there was a 16% increase for online AI and Data Science job vacancies and research found that 69% of vacancies were hard to fill.14Data from an ecosystem surveyconducted by the AI Council and The Alan Turing Institute showed that 81% of respondents agreed there were significant barriers in recruiting and retaining top AI talent in their domain within the UK. Research into the AI Labour Market showed that technical AI skill gaps are a concern for many firms, with 35% of firms revealing that a NatinlaAISrteaty54 dillaefl4 SnVgutinyint–glonymtgeB nggquo’t–gISg0ouCutgB 27 29NatinlaAISrteaty54 miAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ Government will seek to build upon the £46 million Turing AI Fellowships investment to attract, recruit, and retain a substantial cohort of leading researchers and innovators at all career stages. Our approach will enable Fellows to work flexibly between academia and other sectors, creating an environment for them to discover and develop cutting edge AI technologies and drive the use of AI to address societal, economic and environmental challenges in the UK. We note that recently, research breakthroughs in the field of AI have been disproportionately driven by a small number of luminary talents and their trainees. In line with the Innovation Strategy, the government affirms our commitment to empowering distinguished academics. Research16and industry engagement has demonstrated the need for graduates with business experience, indicating a need to continue supporting industry/academic partnerships to ensure graduates leave education with business-ready experience. Our particular focus will be on software engineers, data scientists, data engineers, machine learning engineers and scientists, product managers, and related roles. We recognise that global AI talent is scarce, and the topic of fierce competition internationally. As announced in the Innovation Strategy, the government is revitalising and introducing new visa routes that encourage innovators and entrepreneurs to the UK. Support for diverse and inclusive researchers and innovators across sectors, and new environments for collaboratively developing AI, will be key to ensuring the UK’s success in developing AI and investing in the long term health of our AI ecosystem. Use:Empoweremployersandemployeesto upskillandunderstandtheopportunitiesfor usingAIinabusinesssetting The AI Council ecosystem surveyfound that only 18% agreed there was sufficient provision of training and development in AI skills available to the current UK workforce. As the possibilities to develop and use AI grow, so will people's need to understand and apply AI in their jobs. This will range from people working adjacent to the technical aspects such as product managers and compliance, through to those who are applying AI within their business, such as in advertising and HR. Below degree level, there is a need to clearly articulate the skills employers and employees need to use AI effectively in the workplace. For example, industries have expressed their willingness to fund employees to undertake training but have not found training that suits their needs: including training that is business-focused, modular and flexible. lack of technical AI skills from existing employees had prevented them from meeting their business goals, and 49% saying that a lack of required AI skills from job applicants also affected their business outcomes.15To support the adoption of AI we need to ensure that non-technical employees understand the opportunities, limitations and ethics of using AI in a business setting, rather than these being the exclusive domain of technical practitioners. We need to inspire a diverse set of people across the UK to ensure the AI that is built and used in the UK reflects the needs and make-up of society. To close the skills gap, the government will focus on three areas to attract and train the best people: those who buildAI, those who useAI, and those we want to be inspired by AI. Build:Trainandattractthebrightestandbest peopleatdevelopingAI To meet the demand seen in industry and academia, the government will continue supporting existing interventions across top talent, PhDs and Masters levels. This includes Turing Fellowships, Centres for Doctoral Training and Postgraduate Industrial-Funded Masters and AI Conversion Courses.‘UnderstandingtheUKAILabourMarket ’ research In 2021, the Office for AI published research to investigate Artificial Intelligence and Data science skills in the UK labour market in 2020. Some key findings from the research: • Half of surveyed firms’ business plans had been impacted by a lack of suitable candidates with the appropriate AI knowledge and skills. • Two thirds of firms (67%) expected that the demand for AI skills in their organisation was likely to increase in the next 12 months. • Diversity in the AI sector was generally low. Over half of firms (53%) said none of their AI employees were female, and 40% said none were from ethnic minority backgrounds. • There were over 110,000 UK job vacancies in 2020 for AI and Data Science roles. The findings from this research will help the Office for AI address the AI skills challenge and ensure UK businesses can take advantage of the potential of AI and Data Science. SkillsforJobsWhitePaper The Skills for Jobs: Lifelong Learning for Opportunity and Growth White Paper was published in January 2021 and is focused on giving people the skills they need, in a way that suits them, so they can get great jobs in sectors the economy needs and boost the country’s productivity. These reforms aim to ensure that people can access training and learning flexibly throughout their lives and that they are well- informed about what is on offer, including opportunities in valuable growth sectors. This will also involve reconfiguring the skills system to give employers a leading role in delivering the reforms and influencing the system to generate the skills they need to grow. To more effectively use AI in a business setting, employees, including those who would not have traditionally engaged with AI, will require a clear articulation of the different skills required, so they can identify what training already exists and understand if there is still a gap. Using the Skills Value Chain approach piloted by the Department for Education,17the government will help industry and providers to identify what skills are needed. Lessons learned from this pilot will support this work to help businesses adopt the skills needed to get the best from AI. The Office for AI will then work with the Department for Education to explore how these needs can be met and mainstreamed through national skills provision. The government will also support people to develop skills in AI, machine learning, data science and digital through the Department for Education’s Skills Bootcamps . The Bootcamps are free, flexible courses of up to 16 weeks, giving adults aged 19 and over the opportunity to build up in-demand, sector- specific skills and fast-track to an interview with a local employer; improving their job prospects and supporting the economy. Inspire:Supportalltobeexcitedbythe possibilitiesofAI The AI Council’s Roadmap makes clear that inspiring those who are not currently using AI, and allowing children to explore and be amazed by the potential of AI, will be integral to ensuring we continue to have a growing and diverse AI-literate workforce. Through supporting the National Centre for Computing Education (NCCE) the government will continue to ensure programmes that engage children with AI concepts are accessible and reach the widest demographic. The Office for AI will also work with the Department for Education to ensure career pathways for those working with or developing AI are clearly articulated on career guidance platforms, including the National Careers Service , demonstrating role models and opportunities to those exploring AI. This will support a broader range of people to AttractingthebestAItalentfromaroundtheworld The UK is already the top global destination for AI graduates in the United States and we punch above our weight globally in attracting talent. The UK nearly leads the world in its proportion of top-skilled AI researchers. Government wants to take this to the next level and make the UK the global home for AI researchers, entrepreneurs, businesses and investors. As well as ensuring the UK produces the next generation of AI talent we need, the government is broadening the routes that talented AI researchers and individuals can work in the UK, through the recently announced Innovation Strategy. • The GlobalTalent visa route is open to those who are leaders or potential leaders in AI - and those who have won prestigious global prizes automatically qualify. Government is currently looking at how to broaden this list of prizes. • A newHighPotentialIndividualroute will make it as simple as possible for internationally mobile individuals who demonstrate high potential to come to the UK. Eligibility will be open to applicants who have graduated from a top global university, with no job offer requirement. This gives individuals the flexibility to work, switch jobs or employers – keeping pace with the UK’s fast-moving AI sector. • A newscale-uproute will support UK scale-ups by allowing talented individuals with a high-skilled job offer from a qualifying scale-up at the required salary level to come to the UK. Scaleups will be able to apply through a fast-track verification process to use the route, so long as they can demonstrate an annual average revenue or employment growth rate over a three-year period greater than 20%, and a minimum of 10 employees at the start of the three-year period. • A revitalisedInnovatorroute will allow talented innovators and entrepreneurs from overseas to start and operate a business in the UK that is venture-backed or harnesses innovative technologies, creating jobs for UK workers and boosting growth. We have reviewed the Innovator route to make it even more open to: • Simplifyingandstreamliningthebusinesseligibilitycriteria. Applicants will need to demonstrate that their business venture has a high potential to grow and add value to the UK and is innovative. • Fast-trackingapplications. The UK government is exploring a fast-track, lighter touch endorsement process for applicants whose business ideas are particularly advanced to match the best-in-class international offers. Applicants that have been accepted on to the government’s Global Entrepreneur Programme will be automatically eligible. • Buildingflexibility . Applicants will no longer be required to have at least £50,000 in investment funds to apply for an Innovator visa, provided that the endorsing body is satisfied the applicant has sufficient funds to grow their business. We will also remove the restriction on doing work outside of the applicant’s primary business. • The new GlobalBusinessMobilityvisa will also allow overseas AI businesses greater flexibility in transferring workers to the UK, in order to establish and expand their business here. These reforms will sit alongside the UK government’s GlobalEntrepreneurProgramme(GEP) which has a track record of success in attracting high skilled migrant tech founders with IP-rich businesses to the UK. The programme will focus on attracting more international talent to support the growth of technology clusters including through working with academic institutions from overseas to access innovative spinouts and overseas talent. Through the Graduate Route we are also granting international students with UK degrees 2 years, 3 years for those with PhDs, to work in the UK post-graduation. This will help ensure that we can attract the best and brightest from across the world while also giving students time to work on the most challenging AI problems. These are all in addition to our existing skills visa schemes for those with UK job offers. 28 2qmiAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ NatinlaAISrteaty54 consider careers in AI. The government will ensure that leaders within the National AI Research and Innovation Programme will play a key role in engaging with the public and inspiring the leaders of the future. IngRakkeoa0–toegugae0–P qgVglokBgntanqinnoVationinIS Our vision is that the UK builds on our excellence in research and innovation in the next generation of AI technologies. The UK has been a leader in AI research since it developed as a field, thanks to our strengths in computational and mathematical sciences.18The UK’s AI base has been built upon this foundation,19and the recently announced Advanced Research and Invention Agency (ARIA) will complement our efforts to cement our status as a global science superpower. The UK also has globally recognised institutes such as The Alan Turing Institute and the high-performing universities which are core to research in AI.20 Currently, AI research undertaken in the UK is world class, and investments in AI R&D contribute to the Government’s target of increasing overall public and private sector R&D expenditure to 2.4% of GDP by 2027. But generating economic and societal impact through adoption and diffusion of AI technologies is behind where it could be.21 There is a real opportunity to build on our existing strengths in fundamental AI research to ensure they translate into productive processes throughout the economy. At the same time, the field of AI is advancing rapidly, with breakthrough innovations being generated by a diverse set of institutions and countries. The past decade has seen the rise of deep learning, compute-intensive models, routine deployment of vision, speech, and language modelling in the real world, the emergence of responsible AI and AI safety, among other advances. These are being developed by new types of research labs in private companies and public institutions around the world. We expect that the next decade will bring equally transformative breakthroughs. Our goal is to make the UK the starting point for a large proportion of them, and to be the fastest at turning them into benefits for all. Todothis,UKRIwillsupportthe transformationoftheUK’scapabilityinAI bylaunchingaNationalAIResearchand Innovation(R&I)Programme. The programme will shift us from a rich but siloed and discipline-focused national AI landscape to an inclusive, interconnected, collaborative, and interdisciplinary research and innovation ecosystem. It will work across all the Councils of UKRI and will be fully-joined up with business of all sizes and government departments. It will translate fundamental scientific discoveries into real-world AI applications, address some limitations in the ability of current AI to be effectively used in numerous real world contexts, such as tackling complex and undefined problems, and explore using legacy data such as non- digital public records.The National AI Research and Innovation (R&I) Programme has five main aims: • DiscoveringanddevelopingtransformativenewAItechnologies, leading the world in the development of frontier AI and the key technical capabilities to develop responsible and trustworthy AI. The programme will support: • foundational research to develop novel next generation AI technologies and approaches which could address current limitations of AI, focusing on low power and sustainable AI, and AI which can work differently with a diverse range of challenging data sets, human-AI interaction, reasoning, and the maths underpinning the theoretical foundations of AI. • technical and socio-technical capability development to overcome current limitations around the responsible trustworthy nature of AI. • Maximisingthecreativityandadventureofresearchersandinnovators, building on UK strengths and developing strategic advantage through a diverse range of AI technologies. The programme will support: • specific routes to enable the exploration of high-risk ideas in the development and application of AI; • follow-on funding to maximise the impact of the ideas with the most potential. • Buildingnewresearchandinnovationcapacitytodelivertheideas,technologies,andworkforceof thefuture, recruiting and retaining AI leaders, supporting the development of new collaborative AI ecosystems, and developing collaborative, multidisciplinary, multi-partner teams. The programme will support: • the recruitment, retention, training and development of current and future leaders in AI, and flexible working across sectoral and organisational interfaces using tools such as fellowships, and building on the success of the Turing AI Fellowships scheme; • enhanced UK capacity in key AI professional skills for research and innovation, such as data scientists and software engineers. • ConnectingacrosstheUKAIResearchandInnovationecosystem, building on the success of The Alan Turing Institute as the National Centre for AI and Data Science, and building collaborative partnerships nationally and regionally between and across sectors, diverse AI research and innovation stakeholders. The programme will support: • the development of a number of nationally distributed AI ecosystems which enable researchers and innovators to collaborate in new environments and integrate basic research through application and innovation. These ecosystems will be networked into a national AI effort with the Alan Turing Institute as its hub, convening and coordinating the national research and innovation programme and enabling business and government departments to access the UK’s AI expertise and skills capability e.g. the catapult network and compute capability. • SupportingtheUK'sAISectorandtheadoptionofAI, connecting research and innovation and supporting AI adoption and innovation in the private sector. The programme will support: • challenge-driven AI research and innovation programmes in key UK priorities, such as health and the transition to net zero; • collaborative work with the public sector and government organisations to facilitate leading researchers and innovators engaging with the AI transformation of the public sector; • innovation activities in the private sector, both in terms of supporting the development of the UK’s burgeoning AI sector and the adoption of AI across sectors. 20 2uNatinlaAISrteaty54 miAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ 31 3cNatinlaAISrteaty54 miAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ Sntgenational0ollaWoeationon Ggugae0–fSnnoVation As well as better coordination at home, the UK will work with friends and partners around the world on shared challenges in research and development and lead the global conversation on AI. TheUKwillparticipateinHorizonEurope , enabling collaboration with other European researchers, and will build a strong and varied network of international science and technology partnerships to support R&I collaboration. By shaping the responsible use of technology, we will put science and technology, including AI, at the heart of our alliances and partnerships worldwide. Wewill continuetouseOfficialDevelopment AssistancetosupportR&Dpartnerships withdevelopingcountries. We are also deepening our collaboration with the United States, implementingthe USUK DeclarationonCooperationinAIResearch andDevelopment. This declaration outlines a shared vision for driving technological breakthroughs in AI between the US and the UK. As we build materially on this partnership, we will seek to enable UK partnership with other key global actors in AI, to grow influential R&I collaborations.I00guutoqata The National Data Strategy sets out the government's approach to unlocking the power of data. Access to good quality, representative data from which AI can learn is critical to the development and application of robust and effective AI systems. The AI Sector Deal recognised this and since then the government has established evidence on which to make policies to harness the positive economic and social benefit of increased availability of data. This includes the Open Data Institute’s original research into data trusts as a model of data stewardship to realise the value of data for AI. The research established a repeatable model for data trusts which others have begun to apply. Mission 1 of the National Data Strategy seeks to unlock the value of data across the economy, and is a vital enabler for AI. This mission explores how the government can apply six evidenced levers to tackle barriers to data availability. Thegovernmentwill publishapolicyframeworkinAutumn 2021informedbytheoutcomesofMission 1,settingoutitsroleinenablingbetter dataavailabilityinthewidereconomy.The policyframeworkincludessupportingthe activitiesofintermediaries,includingdata trusts,andprovidingstewardshipservices betweenthosesharingandaccessingdata.The AI Council and the Ada Lovelace Institute recently explored three legal mechanisms that could help facilitate responsible data stewardship – data trusts, data cooperatives and corporate and contractual mechanisms. The ongoing Data: A new direction consultation asks what role the government should have in enabling and engendering confidence in responsible data intermediary activity. Thegovernmentisalsoexploring howprivacyenhancingtechnologiescan removebarrierstodatasharingbymore effectivelymanagingtherisksassociated withsharingcommerciallysensitiveand personaldata. cataLopnqationuanqMuginISrCutgBu Data foundations refer to various characteristics of data that contribute to its overall condition, whether it is fit for purpose, recorded in standardised formats on modern, future-proof systems and held in a condition that means it is findable, accessible, interoperable and reusable (FAIR). A recent EY studydelivered on behalf of DCMS has found that organisations that report higher AI adoption levels also have a higher level of data foundations. The government is considering how to improve data foundations in the private and third sectors. Through the National AI R&I Programme and ambitions to lead best practices in FAIR data, we will grow our capacity in professional AI, software and data skills, and support the development of key new data infrastructure capabilities. Technical professionals such as data engineers have a key role to play in opening up access to the most critical data and compute infrastructures on FAIR data principles, and in accelerating the pathway to using AI technologies to make best use of the UK’s healthy data ecosystem. Data foundations are crucial to the effective use of AI and it is estimated that, on average, 80% of the time spent on an AI project is cleaning, standardising and making the data fit for purpose. Furthermore, when the source data needed to power AI or machine learning is not fit for purpose, it leads to poor or inaccurate results, and to delays in realising the benefits of innovation.22Poor quality datasets can also be un-representative, especially when it comes to minority groups, and this can propagate existing biases and exclusions when they are used for AI. The government is looking to support action to mitigate the effects of quality issues and underrepresentation in AI systems. Subject totheoutcomesoftheData:Anew directionconsultation,thegovernment willmoreexplicitlypermitthecollection andprocessingofsensitiveandprotected characteristicsdatatomonitorand mitigatebiasinAIsystems. An important outcome for increasing access to data and improving data foundations is in how technology will be better able to use that data. Technological convergence – the tendency for technologies that were originally unrelated to become more closely integrated (or even unified) as they advance – means 33 32NatinlaAISrteaty54 miAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ that AI will increasingly be deployed together with many other technologies of the future, unlocking new technological, economic and social opportunities. For example, AI is a necessary driver of the development of robotics and smart machines, and will be a crucial enabling technology for digital twins. These digital replicas of real-world assets, processes or systems, with a two-way link to sensors in the physical world, will help make sense of and create insights and value from vast quantities of data in increasingly sophisticated ways. And in the future, some types of AI will rely on the step-change in processing power that quantum computing is expected to unlock. Governmentwillconsultlaterthisyearon thepotentialvalueofandoptionsforaUK capabilityindigitaltwinningandwider ‘cyber-physicalinfrastructure.’23This consultation will help identify how common, interoperable digital tools and platforms, as well as physical testing and innovation spaces can be brought together to form a digital and physical shared infrastructure for innovators (e.g. digital twins, test beds and living labs). Supporting and enabling this shared infrastructure will help remove time, cost and risk from the process of bringing innovation to market, enabling accelerated AI development and applications. dpWli0ug0toeqata Work is underway within the government to fix its own data foundations as part of Mission 3of the National Data Strategy, which focuses on transforming the government's use of data to drive efficiency and improve public services. The Central Digital and Data Office (CDDO)has been created within the Cabinet Office to consolidate the core policy and strategy responsibilities for data foundations, and will work with expert cross-sector partners to improve government’s use and reuse of data to support data-driven innovation across the public sector. The CDDO also leads on the Open Government policy area, a wide-ranging and open engagement programme that entails ongoing work with Civil Society groups and government departments to target new kinds of data highlighted as having 'high potential impact' for release as open data. The UK’s ongoing investment in open data will serve to further bolster the use of AI and machine learning within government, the private sector, and the third sector. The application of standards and improvements to the quality of data collected, processed, and ultimately released publicly under the Open Government License will create further value when used by organisations looking to train and optimise AI systems utilising large amounts of information. The Office for National Statistics (ONS) is leading the Integrated Data Programme in collaboration with partners across government, providing real-time evidence, underpinning policy decisions and delivering better outcomes for citizens while maintaining privacy. The 2021 Declaration on Government Reformsets out a focus on strengthening data skills across government including senior leaders.We need to strengthen the way that public authorities can engage with private sector data providers to make better use of data through FAIR data and open standards, including making government data more easily available through application programming interfaces (APIs), and encouraging businesses to offer their data through APIs. Governmentwillcontinueto publishauthoritativeopenandmachine- readabledataonwhichAImodelsforboth publicandcommercialbenefitcan depend.TheOfficeforAIwillalsowork withteamsacrossgovernmenttoconsider whatvaluabledatasetsgovernment shouldpurposefullyincentiviseorcurate thatwillacceleratethedevelopmentof valuableAIapplications. OoBkptg Access to computing power is essential to the development and use of AI, and has been a dominant trend in AI breakthroughs of the past decade. The computing power underpinning AI in the UK comes from a range of sources. The government’s recent report on large-scale computing24recognises its importance in AI innovation, but suggests that the UK’s infrastructure is lagging behind other major economies around the world such as the US, China, Japan and Germany. We also recognise the growing compute gap between large-scale enterprises and researchers. Access to compute is both a competitiveness and a security issue. It is also not a one-size-fits-all approach – different AI technologies need different capabilities.DigitalCatapult’sMachineIntelligence Garage For more than three years, Digital Catapult’s Machine Intelligence Garage (MI Garage) has helped startups accelerate the development of their industry-leading AI solutions by addressing their need for computational power. Some AI solutions being developed require greater computing capacity in the form of High Performance Computers (HPC) for unusually large workloads (such as weather simulation, protein folding and simulation of molecular interactions) or access to AI focussed hardware like Graphcore’s Intelligence Processing Unit (IPU) , a new processor specifically designed for developing AI. MI Garage provides a channel through which startups can connect with HPC centres and access specialised hardware. HPC partners include the Hartree National Centre for Digital Innovation , the Edinburgh Parallel Computing Centre , and the Earlham Institute . MI Garage has also worked with NVIDIA, Graphcore and LightOn to facilitate access to special trials to lower the barrier to entry to AI specialised hardware. 37 39NatinlaAISrteaty54 miAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ Sustained public and private investment in a range of facilities from cloud, laboratory and academic department scale, through to supercomputing, will be necessary to ensure that accessing computing power is not a barrier to future AI research and innovation, commercialisation and deployment of AI. In June 2021, the government announced joint funding with IBM for the Hartree National Centre for Digital Innovation to stimulate high performance computing enabled innovation in industry and make cutting-edge technologies like AI more accessible to businesses and public sector organisations. Understanding our domestic AI computing capacity needs and their relationship to energy use is increasingly important25if we are to achieve our ambitions. Tobetter understandtheUK’sfutureAIcomputing requirements,theOfficeforAIandUKRI willevaluatetheUK’scomputingcapacity needstosupportAIinnovation, commercialisationanddeployment. This study will look at the hardware and broader needs of researchers and organisations, large and small, developing AI technologies, alongside organisations adopting AI products and services. The study will also consider the possible wider impact of future computing requirements for AI as it relates to areas of proportional concern, such as the environment. The report will feed into UKRI’s wider work on Digital Research Infrastructure.26 Alongside access to necessary compute capacity, the competitiveness of the AI hardware will be critical to the UK's overall research and commercial competitiveness in the sector. The UK is a world leader in chip and systems design, underpinned by processor innovation hubs in Cambridge and Bristol. We have world-leading companies supporting both general purpose AI – Graphcore has built the world's most complex AI chip,27and for specific applications – XMOS is a leader in AI for IOT. Thegovernmentis currentlyundertakingawiderreviewofits internationalanddomesticapproachto thesemiconductorsector. Given commercial and innovation priorities in AI, further support for the chip design community will be considered. Linan0ganq&O AI innovation is thriving in the UK, backed by our world-leading financial services industry. In 2020, UK firms that were adopting or creating AI-based technologies received £1.78bn in funding, compared to £525m raised by French companies and £386m raised in Germany.28More broadly, investment in UK deep tech companies has increased by 291% over the past five years, though deal sizes remain considerably smaller compared to the US.29TechNation Tech Natio n is a predominantly government- funded programme, built to deliver its own initiatives that grow and support the UK’s burgeoning digital tech sector. This includes growth initiatives aiming to help businesses successfully navigate the transition from start- up to scale-up and beyond, network initiatives to connect the UK digital ecosystem, and the Tech Nation Visa scheme, which offers a route into the UK for exceptionally talented individuals from overseas. Recent growth programmes include Applied AI, their first to help the UK’s most promising founders who are applying AI in practical areas and creating real-world impact; Net Zero, a six-month free growth programme for tech companies that are creating a more sustainable future; and Libra, which is focused on supporting Black founders and addressing racial inequality in UK tech. Thegovernmentwillcontinuetoevaluate thestateoffundingspecificallyfor innovativefirmsdevelopingAI technologiesacrosseveryregionofthe UK.Thisworkwillexploreifthereareany significantinvestmentgapsorbarriersto accessingfundingthatAIinnovative companiesarefacingthatarenotbeing addressed. Government commits to reporting on this work in Autumn 2022. 38 3qNatinlaAISrteaty54 miAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ Accessing the right finance at the right time is critical for AI innovators to be able to develop their idea into a commercially viable product and grow their business, but this is complicated by the long timelines often needed for AI research and development work.30,31The AI Council’s Roadmap suggests a funding gap at series B+, meaning that AI companies are struggling to scale and stay under UK ownership. While the UK’s funding ecosystem is robust, the government is committed to ensuring the system is easy for businesses and innovators to navigate, and that any existing gaps are addressed. The recent Innovation Strategy signalled the Government’s efforts to support innovators by bringing together effective private markets with well-targeted public investment. In it, the government set out plans to upskill lenders to assess risk when lending to innovative businesses and outlined work across Innovate UK and the British Business Bank to investigate how businesses interact with the public support landscape, to maximise accessibility for qualifying businesses. A good example of this is the Future Fund: Breakthrough , a new £375 million UK-wide programme launched in July 2021, will encourage private investors to co- invest with the government in high-growth innovative businesses to accelerate the deployment of breakthrough technologies. Our economy’s success and our citizens’ safety rely on the government’s ability to protect national security while keeping the UK open for business with the rest of the world. Within this context, we will ensure we protect the growth of welcome investment into the UK’s AI ecosystem. Thegovernmenthasintroducedthe NationalSecurityand InvestmentAct that will provide new powers to screen investments effectively and efficiently now and into the future. It will give businesses and investors the reassurance that the UK continues to welcome the right talent, investment and collaboration that underpins our wider economic security. Feaqg AI is a key part of the UK’s digital goods and services exports, which totalled £69.3bn in 2019.32Trade can support the UK’s objectives to sustain the mature, competitive and innovative AI developer base the UK needs to access customers around the world. As part of its free trade agenda, the government is committed to pursuing ambitious digital trade chapters to help place the UK as a global leader. AstheUKsecures newtradedeals,thegovernmentwill includeprovisionsonemergingdigital technologies,includingAI, and champion international data flows, preventing unjustified barriers to data crossing borders while maintaining the UK’s high standards for personal data protection. In doing so, the UK aims to deliver digital trade chapters in agreements that: 1) provide legal certainty; 2) support data flows; 3) protect consumers; 4) minimise non-tariff barriers to digital trade; 5) prevent discrimination against trade by electronic means; and 6) promote international cooperation and global AI governance. All of these aims support a pro-innovation agenda. 30 3uNatinlaAISrteaty54 miAAae1fSlEy:til5ilt-yAnl5btye$lyy6:nft-yISysn:4:ty$ Pillar1-InvestingintheLongTermNeedsoftheAIEcosystem Actions: 1. Launch a new National AI Research and Innovation Programme, that will align funding programmes across UKRI Research Councils and Innovate UK, stimulating new investment in fundamental AI research while making critical mass investments in particular applications of AI. 2. Lead the global conversation on AI R&D and put AI at the heart of our science and technology alliances and partnerships worldwide through: 1. WorkwithpartnersaroundtheworldonsharedAIchallenges,includingparticipationinHorizon EuropetoenablecollaborationwithotherEuropeanresearchers. 2. UseofOverseasDevelopmentAssistancetosupportpartnershipswithdevelopingAInations. 3. DelivernewinitiativesthroughtheUSUKDeclarationonCooperationinAIR&D. 3. Develop a diverse and talented workforce which is at the core of maintaining the UK’s world leading position through: 1. ScopingwhatisrequiredtoupskillemployeestouseAIinabusinesssetting.Then,working withtheDepartmentforEducation,explorehowskillsprovisioncanmeettheseneeds throughtheSkillsValueChainandbuildoutAIanddatascienceskillsthroughSkills Bootcamps. 2. Supportingexistinginterventionsacrosstoptalent,PhDsandMasterslevelsanddeveloping worldleadingteamsandcollaborations,thegovernmentwillcontinuetoattractanddevelop thebrightestandbestpeopletobuildAI. 3. InspiringalltobeexcitedbythepossibilitiesofAI,bysupportingtheNationalCentrefor ComputingEducation(NCCE)toensureAIprogrammesforchildrenareaccessibleandreach thewidestdemographicandthatcareerpathwaysforthoseworkingwithordevelopingAI areclearlyarticulatedoncareerguidanceplatforms. 4. Promotingtherevitalisedandnewvisaroutesthatencourageinnovatorsandentrepreneurs totheUK,makingattractivepropositionsforprospectiveandleadingAItalent. 4. Publish a policy framework setting the government's role in enabling better data availability in the wider economy. The government is already consulting on the opportunity for data intermediaries to support responsible data sharing and data stewardship in the economy and the interplay of AI technologies with the UK’s data rights regime. 5. Consult on the potential role and options for a future national ‘cyber-physical infrastructure’ framework, to help identify how common interoperable digital tools and platforms and cyber- physical or living labs could come together to form a digital and physical ‘commons’ for innovators, enabling accelerated AI development and applications.i ii iii i ii iii iv6. Publish a report on the UK’s compute capacity needs to support AI innovation, commercialisation and deployment. The report will feed into UKRI’s wider work on infrastructure. 7. Continue to publish open and machine-readable data on which AI models for both public and commercial benefit can depend. 8. Consider what valuable datasets the government should purposefully incentivise or curate that will accelerate the development of valuable AI applications. 9. Undertake a wider review of our international and domestic approach to the semiconductor sector. Given commercial and innovation priorities in AI, further support for the chip design community will be considered. 10. Evaluate the state of funding specifically for innovative firms developing AI technologies in the UK, and report on this work in Autumn 2022. 11. Protect national security through the National Security & Investment Act while keeping the UK open for business with the rest of the world, as our economy’s success and our citizens’ safety rely on the government’s ability to take swift and decisive action against potentially hostile foreign investment. 12. Include provisions on emerging digital technologies, including AI, in future trade deals alongside championing international data flows, preventing unjustified barriers to data crossing borders and maintaining the UK’s high standards for personal data protection. 91 9cTo ensure that all sectors and regions of the UK economy can benefit from the positive transformation that AI will bring, the government will back the domestic design and development of the next generation of AI systems, and support British business to adopt them, grow and become more productive. The UK has historically been excellent at developing new technologies but less so at commercialising them into products and services. As well as smart action to support both suppliers, developers and adopters, government also has a role to play when it comes to the use of AI, both as a significant market pull in terms of public procurement, such as the NHS and the defence sector, with a dedicated Defence AI Strategy and AI Centre, but also in terms of using the technology to solve big public policy challenges, such as in health and achieving net zero. Finally, it requires being bold and experimental, and supporting the use of AI in the service of mission-led policymaking. OoBBge0ialiuation Developing a commercial AI product or service is more than just bringing an idea to market or accessing the right funding. Recent analysisfrom Innovate UK suggests that obtaining private funding is only one among many other obstacles to successful commercial outcomes in AI-related projects. As well as the well known barriers such as access to data, labour market supply and Government’saimistodiffuseAIacross thewholeeconomytodrivethehighest amountofeconomicandproductivity growthduetoAI. This will be achieved by: • Supporting AI businesses on their commercial journey, understanding the unique challenges they face and helping them get to market and supporting innovation in high potential sectors and locations where the market currently doesn’t reach; • Understanding better the factors that influence the decisions to adopt AI into organisations – which includes an understanding of when not to; • Ensuring AI is harnessed to support outcomes across the Government’s Innovation Strategy, including by purposefully leveraging our leading AI capabilities to tackle real-world problems facing the UK and world through our Innovation Missions,33while driving forward discovery; • Leveraging the whole public sector’s capacity to create demand for AI and markets for new services.access to relevant skills discussed above, other challenges reported by businesses are the lack of engagement with end users, limiting adoption and commercialisation. Commercialisation outcomes are also often constrained by business models rather than technical issues and a lack of understanding of AI-related projects’ return on investment. ISqgkloCBgnt–pnqgeutanqinyngR qCnaBi0u To grow the market and spread AI to more areas of our economy, the government aims to support the demand side as well as the means for commercialising AI - understanding what, why, when and how companies choose to incorporate AI into their business planning is a prerequisite to any attempt to encourage wider adoption and diffusion across the UK. EY research delivered on behalf of DCMS shows that AI remains an emerging technology for private sector and third sector organisations in the UK. 27% of UK organisations have implemented AI technologies in business processes; 38% of organisations are planning and piloting AI technology; and 33% of organisations have not adopted AI and are not planning to. Consistent with studies of AI adoption,34the size of an organisation was found to be a large contributing factor to the decision to adopt AI, with large organisations far more likely to have already done so. Recognising that for many sectors this is the cutting edge of industrial transformation, and the need for more evidence, theOfficeforAIwillpublish researchlaterthisyearintothedriversof AIadoptionanddiffusion. Tostimulatethedevelopmentand adoptionofAItechnologiesinhigh- potential,low-AImaturitysectorsthe OfficeforAIandUKRIwilllauncha programmethatwill: • Support the identification and creation of opportunities for businesses, whether SMEs or larger firms, to use AI and for AI developers to build new products and services that address these needs; • Create a pathway for AI developers to start companies around new products and services or to extend and diversify their product offering if they are looking to grow and scale; • Facilitate close engagement between businesses and AI developers to ensure products and services developed address business needs, are responsibly developed and implemented, and designed and deployed so that businesses and developers alike are prepped and primed for AI implementation; and • Incentivise investors to learn about these new market opportunities, products, and services, so that, where equity finance is needed, the right financing is made available to AI developers.Supporting the transition to an AI-enabled economy, capturing the benefits of AI innovation in the UK, and ensuring AI technologies benefit all sectors and regionsNatinlaAISrteaty54 dillae24 UnupeinyISWgngfituall ug0toeuanqegyionu 93 92NatinlaAISrteaty54 miAAae2fEl:peil5ISbylyfit:aAA:ystne:al6ey5inl: AIandIntellectualProperty(IP):Callfor ViewsandGovernmentResponse An effective Intellectual Property (IP) system is fundamental to the Government’s ambition for the UK to be a ‘science superpower’ and the best place in the world for scientists, researchers and entrepreneurs to innovate. To ensure that IP incentivises innovation, our aspiration is that the UK’s domestic IP framework gives the UK a competitive edge. In support of this ambition, the IPO published its AI and IP call for views to put the UK at the forefront of emerging technological opportunities, by considering how AI impacts on the existing UK intellectual property framework and what impacts it might have for AI in the near to medium term. In March this year, the government published its response to the call for views, which committed to the following next steps: • To consult on the extent to which copyright and patents should protect AI generated inventions and creative works; • To consult on measures to make it easier to use copyright protected material in AI development; • An economic study to enhance understanding of the role the IP framework plays in incentivising investment in AI. The consultation, on copyright areas of computer generated works and text and data mining, and on patents for AI devised inventions, will be launched before the end of the year so that the UK can harness the opportunities of AI to further support innovation and creativity.Oegatinyanqkeotg0tinySntgllg0tpal deokgetC Intellectual Property (IP) plays a significant part in building a successful business by rewarding people for inventiveness and creativity and enabling innovation. IP supports business growth by incentivising investment, safe-guarding assets and enabling the sharing of know-how. The Intellectual Property Office (IPO) recognises that AI researchers and developers need the right support to commercialise their IP, and helps them to understand and identify their intellectual assets, providing them with the skills to protect, exploit and enforce their rights to improve their chances of survival and growth. MuinyIS’oet–gkpWli0Wgngfit AI can contribute to solving the greatest challenges we face. AI has contributed to tackling COVID-19, demonstrating how these technologies can be brought to bear alongside other approaches to create effective, efficient and context-specific solutions. There are many areas of AI development that have matured to the point that industry and third sector organisations are investing significantly in AI tools, techniques and processes. These investments are helping to move AI from the lab and into commercial products and services. But there remain more complex, cross-sector challenges that industry is unlikely to solve on its own. These challenges will require public sector leadership, identifying strategic priorities that can maximise the potential of AI for the betterment of the UK. The government has a clear role to play. In stimulating and applying AI innovation to priority applications and wider strategic goals, the government can help incentivise a group of different actors to harness innovation for improving lives, simultaneously reinforcing the innovation cycle that can drive wider economic benefits – from creating and invigorating markets, to the role of open source in the public, private and third sectors, to raising productivity. Overthenextsixto twelvemonths,theOfficeforAIwillwork closelywiththeOfficeforScienceand TechnologyStrategyandgovernment departmentstounderstandtheAIandCOVID-19 When the pandemic began it created a unique environment where AI technologies were developed to identify the virus more quickly, to help with starting treatments earlier and to reduce the likelihood that people will need intensive care. Working with Faculty, NHS England and NHS Improvement developed the COVID-19 Early Warning System(EWS). A first-of-its-kind toolkit that forecasts vital metrics such as COVID-19 hospital admissions and required bed capacity up to three weeks in advance, based on a wide range of data from the NHS COVID-19 Data Store. This gave national, regional and local NHS teams the confidence to plan services for patients amid any potential upticks in COVID-related hospital activity. At the same time over the past year, the NHS AI Lab has collected more than 40,000 X-ray, CT and MRI chest images of over 13,000 patients from 21 NHS trusts through the National COVID-19 Chest Imaging Database (NCCID), one of the largest centralised collections of medical images in the UK. The NCCID is being used to study and understand the COVID-19 illness and to improve the care for patients hospitalised with severe infection. The database has enabled 13 projects to research new AI technologies to help speed up the identification, severity assessment and monitoring of COVID-19. UK AI companies have also shown how AI can help accelerate the search for potential drug candidates, streamline triage and contribute to global research efforts. BenevolentAI , a world-leading AI company focused on drug discovery and medicine development, used their biomedical knowledge graph to identify a potential coronavirus treatment from already approved drugs that could be repurposed to defeat the virus. This was later validated through experimental testing from AstraZeneca. UK AI company DeepMind have adapted their AI-enabled protein folding breakthrough to better understand the virus’ structure , contributing to a wider understanding of how the virus can function. government'sstrategicgoalsandwhereAI canprovideacatalyticcontribution,35 including through Innovation Missions and the Integrated Review’s ‘Own-Collaborate- Access’ framework.36 The COVID-19 pandemic has shown that global challenges need global solutions. The UK’s international science and technology partnerships, global network of science and innovation officers, and research and innovation hubs, are working alongside UK universities, research institutes and investors to foster new collaborations to tackle the global challenges we all share, including in innovations on global health and to achieve net zero emissions around the globe. 97 99NatinlaAISrteaty54 miAAae2fEl:peil5ISbylyfit:aAA:ystne:al6ey5inl: fiuuionu The Innovation Strategy set out the government's plans to stimulate innovation to tackle major challenges facing the UK and the world, and drive capability in key technologies. This will be achieved through Innovation Missions,37which will draw on multiple technologies and research disciplines towards clear and measurable outcomes. They will be supported by Innovation Technologies,38 including AI, supporting their capability to tackle pressing global and national challenges while supporting their adoption in novel areas, boosting growth and helping to consolidate our position as a science and AI superpower. Some of these challenges have been articulated and revolve around the future health, wellbeing, prosperity and security of people, the economy, and our environment – in the UK and globally. These challenges are worthwhile and therefore difficult, and will require harnessing the combined intellect and diversity of the AI ecosystem and the whole nation, and will consider a full range of possible impacts of a given solution. The pace of AI development is often fast, parallel and non-linear, and finding the right answer to these challenges will require a collection of actors beyond just government departments, agencies and bodies to consider the technical and social implications of certain solutions and increase the creativity of problem solving. In doing so, the UK will be able to find new paths for AI to deliver on our security and prosperity objectives at home and abroad. At the same time, well-specified challenges have also led to some of the most impactful moments of progress in AI. Whether through Imagenet ,CIFAR-10 ,MNIST,GLUE,SquAD, Kaggle, or more, challenge-related datasets and benchmarks have generated breakthroughs in vision, language, recommender systems, and other subfields.39 The government believes that challenges could be created that simultaneously incentivise significant progress in Innovation Missions while rapidly progressing the development in the technology along desirable lines. Tothisend,thegovernmentwilldevelopa repositoryofshort,mediumandlongterm AIchallengestomotivateindustryand societytoidentifyandimplementreal- worldsolutionstothestrategicpriorities. These priorities will be identified through the Missions Programme, and guided by the National AI R&I Programme. Climate change and global health threats are examples of shared international challenges, and science progresses through open international collaboration. This is particularly the case when AI development is able to take advantage of publicly available coding platforms to produce new algorithms. TheUK willextenditssciencepartnershipsandits workinvestingUKaidtosupportlocal innovationecosystemsindeveloping countries.Throughourleadershipin internationaldevelopmentanddiplomacy, wewillworktoensureinternational collaborationcanunlocktheenormous potentialofAItoaccelerateprogresson globalchallenges,fromclimatechangeto poverty.NgtZgeo The Prime Minister’s Ten Point Plan for a Green Industrial Revolution highlights the development of disruptive technologies such as AI for energy as a key priority, and in concert with the government’s Ten Tech Priorities to use digital innovations to reach net zero, the UK has the opportunity to lead the world in climate technologies, supporting us to deliver our ambitious net zero targets. This will be key to meet our stated ambition in the Sixth Carbon Budget , and with it a need to consider how to achieve the maximum possible level of emissions reductions. Over the last ten years there have been a series of advances in AI. These advances offer opportunities to rapidly increase the efficiency of energy systems and help reduce emissions across a wide array of climate change challenges. The AI Council’s AI Roadmap advocates for AI technologies to play a role in innovating towards solutions to climate change, and literature is emerging that shows how ‘exponential technologies’ such as AI can increase the pace of decarbonisation across the most impactful sectors. AI is increasingly seen as a critical technology to scale and enable these significant emissions cuts by 2030.40,41,42AIandnetzero AI works best when presented with specific problem areas with clear system boundaries and where there are large datasets being produced. In these scenarios, AI has the capability to identify complex patterns, unlock new insights, and advise on how best to optimise system inputs in order to best achieve defined objectives. There are a range of climate change mitigation and adaptation challenges that fit this description. These include: • using machine vision to monitor the environment; • using machine learning to forecast electricity generation and demand and control its distribution around the network; • using data analysis to find inefficiencies in emission-heavy industries; and • using AI to model complex systems, like Earth’s own climate, so we can better prepare for future changes. AI applications for energy and climate challenges are already being developed, but they are predominantly outliers and there are many applications across sectors that are not yet attempted. A study by Microsoft and PwC estimated that AI can help deliver a global reduction in emissions of up to 4% by 2030 compared to business as usual, with a concurrent uplift of 4.4% to global GDP. Such estimates are likely to become more accurate over time as the potential of AI becomes more apparent. 98 9qNatinlaAISrteaty54 miAAae2fEl:peil5ISbylyfit:aAA:ystne:al6ey5inl: Missions will also be continued through the Innovation Strategy’s Missions Programme, which will form the heart of the government’s approach to respond to these priorities, and wewilldevelopthesemissionsinaway thatconsidersthepromiseofAI technologies,particularlyinareasof specificadvantagesuchasenergy. Government will ensure that, in key areas of international collaboration such as the US UK Declaration on Cooperation in AI Research and Development and the Global Partnership on AI, we will pursue technological developments in world-leading areas of expertise in the energy sector to maximise our strategic advantage. Hgalt– In August 2019, the Health Secretary announced a £250 million investment43to create the NHS AI Lab in NHSX to accelerate the safe, ethical and effective development and use of AI-driven technologies to help tackle some of the toughest challenges in health and social care, including earlier cancer detection, addressing priorities in the NHS Long Term Plan , and relieving pressure on the workforce. AI-driven technologies have the potential to improve health outcomes for patients and service users, and to free up staff time for care.44The NHS AI Lab along with partners, such as the Accelerated Access Collaborative , the National Institute of Health and Care Excellence and the Medicines and Healthcare products Regulatory Agency , are working to provide a facilitative environment to enable the health and social care system to confidently adopt safe, effective and ethical AI-driven technologies at pace and scale. TheNHSAILabiscreatinga National StrategyforAIinHealthandSocialCare in linewiththeNationalAIStrategy.The strategy,whichwillbeginengagementon adraftthisyearandisexpectedtolaunch inearly2022,willconsolidatethesystem transformationachievedbytheLabto dateandwillsetthedirectionforAIin healthandsocialcareupto2030. F–gkpWli0ug0toeauaWpCge To build a world-leading strategic advantage in AI and build an ecosystem that harnesses innovation for the public good, the UK will need to take a number of approaches. As the government, we can also work with industry leaders to develop a shared understanding and vision for the emerging AI ecosystem, creating longer-term certainty that enables new supply chains and markets to form. This requires leveraging public procurement and pre-commercial procurement to be more in line with the development of deep and transformative technologies such as AI. The recent AI Council ecosystem survey revealed that 72% agreed the government should take steps to increase buyer confidence and AI capability. The Innovation Strategy and forthcoming National Procurement Policy Statement have recently articulated how we can further refine public procurement processes around public sector culture, expertise and incentive structures. This complements previous work across government to inform and empower buyers in the public sector, helping them to evaluate suppliers, then confidently and responsibly procure AI technologies for the benefit of citizens.45 The government has outlined how it plans to rapidly modernise our Armed Forces,46,47 and how investments will be guided.48,49The Ministry of Defence will soon be publishing its AI strategy which will contribute to how we will achieve and sustain technological advantage, and be a great science power in defence. This will include the establishment of the new Defence AI Centre which will champion AI development and use, and enable rapid development of AI projects. Defence should be a natural partner for the UK AI sector and the defence strategy will outline how to galvanise a stronger relationship between industry and defence.MinistryofDefenceusingAItoreduce costsandmeetclimategoals The MOD is trialling a US startups’ Software Defined Electricity (SDE) system, which uses AI to optimise electricity in real time, to help meet its climate goals and reduce costs. Initial tests suggest it could reduce energy draw by at least 25% which, given the annual electricity bill for MOD’s non-PFI sites in FY 2018/19 was £203.6M, would equate to savings of £50.9M every year and significant reductions in CO2 emissions. AIDynamicPurchasingSystem The Crown Commercial Service worked closely with colleagues in the Office for AI and across government during drafting of guidelines for AI procurement. This was used to design their AI Dynamic Purchasing System (DPS) agreement to align with these guidelines, and included a baselines ethics assessment so that suppliers commit only to bidding where they are capable and willing to deliver both the ethical and technical dimensions of a tender. The Crown Commercial Service is piloting a training workshop to help improve the public sector’s capability to buy AI products and services, and will continue to work closely with the Office for AI and others across government to ensure we are addressing the key drivers set out in the National AI Strategy. 90 9uNatinlaAISrteaty54 miAAae2fEl:peil5ISbylyfit:aAA:ystne:al6ey5inl: Pillar2-EnsuringAIBenefitsallSectorsandRegions Actions: 1. Launch a programme as part of UKRI’s National AI R&I Programme, designed to stimulate the development and adoption of AI technologies in high-potential, lower-AI maturity sectors. The programme will be primed to exploit commercialisation interventions, enabling early innovators to access potential market opportunities where their products and services are relevant. 2. Launch a draft National Strategy for AI in Health and Social Care in line with the National AI Strategy. This will set the direction for AI in health and social care up to 2030, and is expected to launch in early 2022. 3. Ensure that AI policy supports the government’s ambition to secure strategic advantage through science and technology. 4. Consider how the development of Innovation Missions also incorporates the potential of AI solutions to tackling big, real-world problems such as net zero. This will also be complemented by pursuing ambitious bilateral and multilateral agreements that advance our strategic advantages in net zero sectors such as energy, and through the extension of UK aid to to support local innovation ecosystems in developing AI nations. 5. Build an open repository of AI challenges with real-world applications, to empower wider civil society to identify and implement real-world solutions to the strategic priorities identified through the Missions Programme and guided by the National AI Research and Innovation Programme. 6. Publish research into the determinants impacting the diffusion of AI across the economy. 7. Publish the Ministry of Defence AI Strategy, which will explain how we can achieve and sustain technological advantage and be a science superpower in defence, including detail on the establishment of a new Defence AI Centre. 71 7cAn effective governance regime that supports scientists, researchers and entrepreneurs to innovate while ensuring consumer and citizen confidence in AI technologies is fundamental to the government’s vision over the next decade. In a world where systematic international competition will have significant impacts on security and prosperity around the world, the government wants the UK to be the most trustworthy jurisdiction for the development and use of AI, one that protects the public and the consumer while increasing confidence and investment in AI technologies in the UK. Effective, pro-innovation governance of AI means that (i) the UK has a clear, proportionate and effective framework for regulating AI that supports innovation while addressing actual risks and harms, (ii) UK regulators have the flexibility and capabilities to respond effectively to the challenges of AI, and (iii) organisations can confidently innovate and adopt AI technologies with the right tools and infrastructure to address AI risks and harms. The UK public sector will lead the way by setting an example for the safe and ethical deployment of AI through how it governs its own use of the technology. We will collaborate with key actors and partners on the global stage to promote the responsible development and deployment of AI. The UK will act to protect against efforts to adopt and apply these technologies in the service of authoritarianism and repression. Through our science partnerships and wider development and diplomacy work, we will seek to engage early with countries on AI governance, to promote open society values and defend human rights.Government’saimistobuildthemost trustedandpro-innovationsystemforAI governanceintheworld. This will be achieved by: • Establishing an AI governance framework that addresses the unique challenges and opportunities of AI, while being flexible, proportionate and without creating unnecessary burdens; • Enabling AI products and services to be trustworthy, by supporting the development of an ecosystem of AI assurance tools and services to provide meaningful information about AI systems to users and regulators; • Growing the UK’s contribution to the development of global AI technical standards, to translate UK R&D for trustworthy AI into robust, technical specifications and processes that can support our AI governance model, ensure global interoperability and minimise the costs of regulatory compliance; • Building UK regulators’ capacities to use and assess AI, ensuring that they can deliver on their responsibilities as new AI-based products and services come to market; • Setting an example in the safe and ethical deployment of AI, with the government leading from the front; • Working with our partners around the world to promote international agreements and standards that deliver for our prosperity and security, and promote innovation that harnesses the benefits of AI as we embed our values such as fairness, openness, liberty, security, democracy, rule of law and respect for human rights.rpkkoetinyinnoVationanqaqoktion R–ilgkeotg0tinyt–gkpWli0anq Wpilqinyteput The UK has a strong international reputation for the rule of law and technological breakthroughs. To build on this the government set out its pro-innovation approach through its Plan for Digital Regulation . The Plan recognises that well- designed regulation can have a powerful effect on driving growth and shaping a thriving digital economy and society, whereas poorly-designed or restrictive regulation can dampen innovation. The Plan also acknowledges that digital businesses, which include those developing and using AI technologies, are currently operating in some instances without appropriate guardrails. The existing rules and norms, which have so far guided business activity, were in many cases not designed for these modern technologies and business models. In addition, these technologies are themselves disrupting these established rules and norms. This is especially the case for AI which, with its powerful data processing and analytical capabilities, is disrupting traditional business models and processes.50There is growing awareness in industry and by citizens of the potential risks and harms associated with AI technologies. These include concerns around fairness, bias and accountability of AI systems. For example , the report from the Commission on Race and Ethnic Disparities raised concerns around the potential for novel ways for bias to be introduced through AI. Other concerns include the ability of AI to undermine privacy and human agency; and physical, economic and financial harms being enabled or exacerbated by AI technologies. For example, cyber security should be considered early in the development and deployment of AI systems to prevent such harms from arising, by adopting a ‘secure by design’ approach to mitigate against cyber security becoming an afterthought. This is not to say that AI is currently unregulated. The UK already regulates many aspects of the development and use of AI through ‘cross-sector’ legislation and different regulators. For example, there is coverage in areas like data protection ( Information Commissioner’s Office ), competition (Competition & Markets Authority ), human rights and equality (Equality & Human Rights Commission). As well as through ‘sector- specific’ legislation and regulators, for example financial services ( Financial Conduct Authority ) and medical products ( Medicines and Healthcare products Regulatory Agency ). As the use of AI increases, the UK has responded by reviewing and adapting the regulatory environment. For example, the Data: A new direction consultation , published earlier this month, invites views on the role of the data protection framework within the broader context of AI governance. Specifically, the consultation examines the role of sensitive personal data in bias detection and mitigation in AI systems, and the use of the term ‘fairness’ in a data protection context.Ensuring that national governance of AI technologies encourages innovation, investment, protects the public and safeguards our fundamental values, while working with global partners to promote the responsible development of AI internationallyNatinlaAISrteaty54 dillae34 ,oVgeninyISg’’g0tiVglC Data:Anewdirectionconsultation The UK data protection framework (UK General Data Protection Regulations and Data Protection Act 2018) is technology neutral and was not intended to comprehensively govern AI systems, or any other specific technologies. Many AI systems do not use personal data at all. Navigating and applying relevant data protection provisions can be perceived as a complex or confusing exercise for an organisation looking to develop or deploy AI systems, possibly impeding uptake of AI technologies. DCMS is currently running a consultation on potential reforms to the data protection framework, closing on the 19th November 2021. The consultation calls for views on specific data protection provisions that are currently triggered in the process of developing and deploying AI. In particular, the consultation covers: • Clarifying the use and reuse of personal data for research (including AI development) (Ch 1); • Clarifying the use and reuse of personal data under the legitimate interests test, including bias detection and mitigation anonymisation (Ch 1); • Explicitly authorising the use of sensitive personal data (special category data) for bias detection and mitigation in AI systems (Ch 1); • Clarifying the use of the term ‘fairness’ in a data protection context (Ch 1); • Assessing the challenges with the current data protection framework in developing and deploying AI responsibly (Ch 1); • Assessing the general suitability and operation of UK GDPR Article 22 (rights relating to automated decision-making and profiling) (Ch 1); • Mandatory transparency requirements for the use of algorithmic decision-making in the public sector (Ch 5). 73 72NatinlaAISrteaty54 miAAae3fGnEyelil5ISyffystiEyA4 2018, the government agreed with the House of Lords’ view that “blanketAI-specific regulation,atthisstage,wouldbe inappropriate...[and]thatexistingsector-specific regulatorsarebestplacedtoconsidertheimpact ontheirsectorofanysubsequentregulation whichmaybeneeded.” There are some strong reasons why our sector-led approach makes sense: 1. TheboundariesofAIrisksandharms aregrey, because the harms raised by these technologies are often non-AI, or extensions of non-AI, issues, and also because AI is rapidly developing and therefore what counts as the AI part of a system is constantly changing. 2. UsecasesforAI,andtheirwider impacts,canbehighlycomplexintheir ownright . There is a big limitation in what can be covered in cross-cutting legislation on AI, and regardless of the overall regulatory approach, the detail will always need to be dealt with at the level of individual harms and use cases. 3. Individualregulatorsandindustries arealreadystartingtorespondtothe risksof AI, and to work with innovators in their sectors to guide on interpretation of existing regulations, and on what further regulatory responses are appropriate. Enabling and empowering individual bodies to respond is a much quicker response to individual harms than agreeing to an AI regulatory regime that makes sense across all sectors. 4. AIisnottheonlyongoingtechnology change, and its impacts are often interlinked with other innovations and behaviour changes, including increased connectivity, the move to mobile working, the dominant role of major platforms etc. It is often hard to unpick the specific impact of AI; focusing regulation on the particular use cases where there is risk allows risks to be addressed holistically, and simplifies things for innovators. Having embraced a strong sector-based approach to date, now is the time to decide whether our existing approach remains the right one. As the UK’s regulators have begun to respond to the emergence of AI, challenges have emerged. These include: • Inconsistentorcontradictory approachesacrosssectors. While a sector-led approach allows responsiveness to sector specific challenges, it could create barriers to adoption across sectors by creating confusing or contradictory compliance requirements; • Overlapbetweenregulatory mandates, creating uncertainty about responsibility, the potential for issues to fall between the gaps, and increased need for coordination; • AIregulationcouldbecomeframed narrowlyaroundprominent,existing cross-cuttingframeworks, e.g. the data protection framework, while the range of AI risks and harms is much broader; • Thegrowingactivityinmultilateraland multistakeholderforainternationally, andglobalstandardsdevelopment organisations that addresses AI across sectors could overtake a national effort to build a consistent approach.These challenges raise the question of whether the UK’s current approach is adequate, and whether there is a case for greater cross-cutting AI regulation or greater consistency across regulated sectors. At the same time, alternative methods and approaches to governing AI have emerged from multilateral and multi stakeholder fora, at international and regional levels, including global standards development organisations, academia, thought leaders, and businesses. This has raised awareness about the importance of AI governance, but also potentially confusion for the consumer about what good AI governance looks like and where responsibility lies. Working with the AI ecosystem theOfficefor AIwilldevelopournationalpositionon governingandregulatingAI,whichwillbe setoutinaWhitePaperinearly2022. The White Paper will set out the government’s position on the potential risks and harms posed by AI technologies and our proposal to address them. 77 79NatinlaAISrteaty54 miAAae3fGnEyelil5ISyffystiEyA4 IltgenatiVgoktionu The UK’s 2018 policy position that “existing sector-specificregulatorsarebestplacedto considertheimpactontheirsectorofany subsequentregulationwhichmaybeneeded” will be tested in our work towards the development of a White Paper, along with potential alternatives. The main alternative options are: 1. Removing some existing regulatory burdens where there is evidence they are creating unnecessary barriers to innovation. 2. Retaining the existing sector-based approach, ensuring that individual regulators are empowered to work flexibly within their own remits to ensure AI delivers the right outcomes. 3. Introducing additional cross-sector principles or rules, specific to AI, to supplement the role of individual regulators to enable more consistency across existing regimes. For any of these options, it will be necessary to ensure that regulators and other relevant bodies are equipped to tackle the challenges raised by AI. This may require additional capabilities, capacity, and better coordination among existing regulators; new guidance; or standards to better enable consistency across existing regulatory regimes. In developing our White Paper position, the Office for AI will consider all of these, and potentially other, options for governing AI technologies. Having exited the EU, we have the opportunity to build on our world-leading regulatory regime by setting out a pro- innovation approach, one that drives prosperity and builds trust in the use of AI. We will consider what outcomes we want to achieve and how best to realise them, across existing regulators’ remits and consider the role that standards, assurance, and international engagement plays. Ggyplatoeu20ooeqinationanq 0aka0itC While some regulators are leading the way in understanding the implications of AI for their sector or activity, we need all regulators to be able to do this. The cross-sector and disruptive nature of AI also raises new challenges in terms of regulatory overlap. For example, concerns around fairness relate to algorithmic bias and discrimination issues under the Equality Act, the use of personal data (including sensitive personal data) and sector-specific notions of fairness such as the Financial Conduct Authority’s Fair Treatment of Customers guidance . The government is working with The Alan Turing Institute and regulators to examine regulators’ existing AI capacities. In particular, this work is exploring monitoring and assessing products and services using AI and dealing with complexities arising from cross- sectoral AI systems.51Greater cooperation is also being enabled through initiatives such as through the Digital Regulation Cooperation Forum , a recently formed voluntary forum comprising the Competition & Markets Authority (CMA) , Financial Conduct Authority (FCA) ,Information Commissioner's Office (ICO) and Office of Communications (Ofcom) to deliver a joined up approach to digital regulation. SntgenationalyoVgenan0ganq 0ollaWoeation The UK will work with partners to support the international development of AI governance in line with our values. We will do this by working with partners around the world to shape approaches to AI governance under development, such as the proposed EU AI Act and potential Council of Europe legal framework . We will work to reflect the UK’s views on international AI governance and prevent divergence and friction between partners, and guard against abuse of this critical technology. The UK is already working with like-minded partners to ensure that shared values on human rights, democratic principles and the rule of law shape AI regulation and governance frameworks, whether binding or non-binding, and that an inclusive multi- stakeholder approach is taken throughout these processes. As the international debate on these frameworks has gained momentum, the UK has proactively engaged on AI at the OECD,52Council of Europe and UNESCO , and helped found the Global Partnership on AI (GPAI), providing significant support for evidence underpinning these initiatives, such as the recently announced £1m investment in GPAI’s data trust research by BEIS. The UK will act to protect against efforts to adopt and apply these technologies in the service of authoritarianism and repression and through our science partnerships and wider development and diplomacy work seek to engage early with countries on AI governance, including when existing technology governance is less developed, to promote open society values and defend human rights. UK Defence has a strong record of collaboration with international partners and allies. Key collaborations include engagement with NATO allies to lead AI integration and interoperability across the Alliance, and supporting the AI Partnership for Defence , a 14-nation coalition providing values based global leadership for defence AI. Thegovernmentwillcontinuetowork withourpartnersaroundtheworldto shapeinternationalnormsandstandards relatingtoAI,includingthosedeveloped bymultilateralandmultistakeholder bodiesatglobalandregionallevel. This will support our vision for a global ecosystem that promotes innovation and responsible development and use of technology, underpinned by our shared values of freedom, fairness, and democracy. 78 7qNatinlaAISrteaty54 miAAae3fGnEyelil5ISyffystiEyA4 TheUKisleadingthewayonAItechnical standardsinternationally The UK’s global approach to AI standardisation is exemplified by our leadership in the International Organisation for Standardisation and International Electrotechnical Commission (ISO/IEC) on four active AI projects, as well as the UK’s initiation of and strong engagement in the Industry Specification Group on Securing AI at the European Telecommunications Standards Institute (ETSI). At ISO/IEC, the UK, through BSI, is leading the development of AI international standards in concepts and terminology; data; bias; governance implications; and data life cycles. At ETSI we have published, among other documents, ETSI GR SAI 002 on Data Supply Chain Security , which was led by the UK’s National Cyber Security Centre. The ISO/IEC work programme includes the development of an AI Management System Standard (MSS), which intends to help solve some of the implementation challenges of AI. This standard will be known as ISO/IEC 42001 and will help an organisation develop or use artificial intelligence responsibly in pursuing its objectives, and deliver its expected obligations related to interested parties.WhataretechnicalstandardsandhowdotheybenefittheUK? Global technical standards set out good practice that can be consistently applied to ensure that products, processes and services perform as intended – safely and efficiently. They are generally voluntary and developed through an industry-led process in global standards developing organisations, based on the principles of consensus, openness, and transparency, and benefiting from global technical expertise and best practice.53 We want global technical standards for AI to benefit UK citizens, businesses, and the economy by: • SupportingR&DandInnovation. Technical standards should provide clear definitions and processes for innovators and businesses, lowering costs and project complexity and improving product consistency and interoperability, supporting market uptake. • Supportingtrade . Technical standards should facilitate digital trade by minimising regulatory requirements and technical barriers to trade. • GivingUKbusinessesmoreopportunities. Standardisation is a co-creation process that spans different roles and sectors, providing businesses with access to market knowledge, new customers, and commercial and research partnerships. • Deliveringonsafety,securityandtrust. The Integrated Review set out the role of technical standards in embedding transparency and accountability in the design and deployment of technologies. AI technical standards (e.g. for accuracy, explainability and reliability) should ensure that safety, trust and security are at the heart of AI products and services. • Supportingconformityassessmentsandregulatorycompliance. Technical standards should support testing and certification to ensure the quality, performance, reliability of products before they enter the market. This includes providing a means of compliance with requirements set out in legislation. ISanqyloWalqiyitaltg0–ni0al utanqaequ The UK’s Plan for Digital Regulation sets out our ambition to use digital technical standards to provide an agile and pro- innovation way to regulate AI technologies and build consistency in technical approaches, as part of a wider suite of governance tools complementing ‘traditional’ regulation. The integration of standards in our model for AI governance and regulation is crucial for unlocking the benefits of AI for the economy and society, and will play a key role in ensuring that the principles of trustworthy AI are translated into robust technical specifications and processes that are globally- recognised and interoperable.Thegovernmentisalsoexploringwith stakeholdersto: •PilotanAIStandardsHub to expand the UK’s international engagement and thought leadership; and •DevelopanAIstandardsengagement toolkitto guide multidisciplinary UK stakeholders to engage in the global AI standardisation landscape. Internationally, the government is: • Increasing bilateral engagement with partners, including strengthening coordination and information sharing. • Bringing together conversations at standards developing organisations and multilateral fora. BSI and the government are members of the Open Community for Ethics in Autonomous and Intelligent Systems (OCEANIS) , which unites global SDOs, businesses, and research institutes. • Engaging in the OECD’s Network of Experts Group on Implementing Trustworthy AI , collaborating with governments, academics, and experts to build guidance. • Promoting the 2021 Carbis Bay G7 Leaders’ Communiqué , on supporting inclusive, multi-stakeholder approaches to standards development, by ensuring our UK approach to AI standards is multidisciplinary, and encourages a wide set of stakeholders in standards developing organisations.The UK is taking a global approach to shaping technical standards for AI trustworthiness, seeking to embed accuracy, reliability, security, and other facets of trust in AI technologies from the outset. The government’s work to date on AI technical standards with international partners, industry, and other stakeholders provides a potential foundation to complement our governance and regulatory approach. Domestically, the government has established a strategic coordination initiative with the British Standards Institution (BSI) and the National Physical Laboratory to explore ways to step up the UK’s engagement in global standards developing organisations.54 70 7uNatinlaAISrteaty54 miAAae3fGnEyelil5ISyffystiEyA4 ISIuupean0g Understanding whether AI systems are safe, fair or are otherwise trustworthy requires measuring, evaluating and communicating a variety of information, including how these systems perform, how they are governed and managed, whether they are compliant with standards and regulations, and whether they will reliably operate as intended. AI assurance will play an important enabling role, unlocking economic and social benefits of AI systems. WhatisAssurance? Assurance covers a number of governance mechanisms for third parties to develop trust in the compliance and risk of a system or organisation. Assurance as a service draws originally from the accounting profession, but has since been adapted to cover many areas such as cyber security, product safety, quality and risk management. In these areas, mature ecosystems of assurance products and services enable people to understand whether systems are trustworthy and direct their trust or distrust appropriately. These products and services include: process and technical standards; repeatable audits; impact assessments; certification schemes; advisory and training services. An AI assurance ecosystem is emerging within both the public and private sectors, with a range of companies including established accountancy firms and specialised start-ups, beginning to offer assurance services. A number of possible assurance techniques55 have been proposed and regulators are beginning to set out how AI might be assured (for example, the ICO’s Auditing Framework for AI). However, the assurance ecosystem is currently fragmented and there have been several calls for better coordination, including from the Committee on Standards in Public Lifeand the Office for Statistics Regulation . The CDEI’s recently published review into bias in algorithmic decision-making also points to the need for an ecosystem of industry standards and professional services to help organisations address algorithmic bias in the UK and beyond. Playing this crucial role in the development and deployment of AI, assurance is likely to become a significant economic activity in its own right and is an area in which the UK, with particular strengths in legal and professional services, has the potential to excel. Tosupportthedevelopmentofamature AIassuranceecosystem,theCDEIis publishinganAIassuranceroadmap. This roadmap clarifies the set of activities needed to build a mature assurance ecosystem and identifies the roles and responsibilities of different stakeholders across these activities.dpWli0ug0toeauang1gBklae The government must lead from the front and set an example in the safe and ethical deployment of AI. The Office for AI and the Government Digital Service worked with The Alan Turing Institute to produce guidance on AI ethics and safety in the public sector in 2019. This guidance identifies the potential harms caused by AI systems and proposes measures to counteract them. The governmentisworkingwithTheAlan TuringInstitutetoupdatethisguidancein ordertoprovidepublicservantswiththe mostcurrentinformationaboutthestate oftheartinresponsibleAIinnovation. This update incorporates the delivery of interactive workbooks aimed to equip public sector stakeholders with the practical tools and skills needed to bring the content of the original guidance to life.56 The Ministry of Defence is moving quickly against a fast-evolving threat picture to secure the benefits of these transformative technologies. TheMinistryofDefencehas rigorouscodesofconductandregulation whichupholdresponsibleAIuse,andis workingcloselywiththewider governmentonapproachestoensure clearalignmentwiththevaluesandnorms ofthesocietywerepresent. As the CDEI conducts its ongoing work to address bias in algorithmic decision-making, the Commission on Race and Ethnic Disparities recommended that a mandatory transparency obligation be placed on all public sector organisations applying algorithms that have an impact on significant decisions affecting individuals, highlighting the importance of stewarding AI systems in a responsible manner to increase overall trust in their use. To ensure that citizens have confidence and trust in how data is being processed and analysed to derive insights, theCentral DigitalandDataOffice(CDDO)is conductingresearchwithaviewto developingacross-governmentstandard foralgorithmictransparency in line with the commitment in the National Data Strategy. The CDDO work is being conducted collaboratively with leading organisations in AI and data ethics and it has been informed by a range of public engagement processes. To date, no other country has developed a standard for algorithmic transparency at a national level. Proactive transparency in this field will be an extension of the UK’s long standing open data and data ethics leadership. q1 qcNatinlaAISrteaty54 miAAae3fGnEyelil5ISyffystiEyA4 ISeiuwPua’gtCPanqlonymtgeB qgVglokBgnt The government takes the long term risk of non-aligned Artificial General Intelligence, and the unforeseeable changes that it would mean for the UK and the world, seriously. There are also risks, safety and national security concerns that must be considered here and now - from deepfakes and targeted misinformation from authoritarian regimes, to sophisticated attacks on consumers or critical infrastructure. As AI becomes increasingly ubiquitous, it has the potential to bring risks into everyday life, into businesses and into national security and defence. So as AI becomes more general and is simply used in more domains, we must maintain a broad perspective on implications and threats, with the tools to understand its most subtle impacts, and ensure the UK is protected from bad actors using AI, as well as risks inherent in unsafe future versions of the technology itself. TheOfficeforAIwillcoordinatecross- governmentprocessestoaccurately assesslongtermAIsafetyandrisks, which will include activities such as evaluating technical expertise in government and the value of research infrastructure. Given the speed at which AI developments are impacting our world, it is also critical that the government takes a more precise and timely approach to monitoring progress on AI, and the government will work to do so. The government will support the safe and ethical development of these technologies as well as using powers through the National Security & Investment Act to mitigate risks arising from a small number of potentially concerning actors. At a strategic level, the NationalResilienceStrategy will review our approach to emerging technologies; the MinistryofDefence will set out the details of the approaches by which Defence AI is developed and used; the NationalAIR&I Programme’s emphasis on AI theory will support safety; and centralgovernment will work with the national security apparatus to consider narrow and moregeneral AI as a top- level security issue. Pillar3-GoverningAIEffectively Actions: 1. Develop a pro-innovation national position on governing and regulating AI, which will be set out in a White Paper, to be published in early 2022. 2. Publish the CDEI assurance roadmap and use this to continue work to develop a mature AI assurance ecosystem in the UK. 3. Pilot an AI Standards Hub to coordinate UK engagement in AI standardisation globally, and explore with stakeholders the development of an AI standards engagement toolkit to support the AI ecosystem to engage in the global AI standardisation landscape. 4. Continue our engagement to help shape international frameworks, and international norms and standards for governing AI, to reflect human rights, democratic principles, and the rule of law on the international stage. 5. Support the continuing development of new capabilities around trustworthiness, acceptability, adoptability, and transparency of AI technologies via the national AI Research and Innovation Programme. 6. Publish details of the approaches which the Ministry of Defence will use when adopting and using AI. 7. Develop a cross-government standard for algorithmic transparency. 8. Work with The Alan Turing Institute to update the guidance on AI ethics and safety in the public sector. 9. Coordinate cross-government processes to accurately assess long term AI safety and risks, which will include activities such as evaluating technical expertise in government and the value of research infrastructure. 10. Work with national security, defence, and leading researchers to understand how to anticipate and prevent catastrophic risks. q3 q2Ng1tutgku The National AI Strategy proposes three core pillars which, taken together, are areas the UK can make the biggest impact to set the country on its way to being an AI and science superpower fit for the coming decade. By their nature, strategies are a response to the moment in which they exist - further actions will also be required to elaborate on the paths set out in this document in a way that responds to the fast-changing landscape in the years to come. A plan to execute against the vision set out in this strategy will be published in the near future. Alongside this, we will put mechanisms in place to monitor and assess progress. We will publish a set of quantitative indicators, given the far-ranging and hard-to-define impacts AI will have on the economy and society. We will publish these indicators separately to this document and at regular intervals to provide transparency on our progress and to hold ourselves to account. Given the cross-cutting nature of AI, collaboration across a wide range of sectors and stakeholders will be paramount. The Office for AI will be responsible for overall delivery of the strategy, monitoring progress and enabling its implementation across government, industry, academia and civil society. We will also continue talking with the wider community to get their feedback on AI in the UK. Taken together, this quantitative analysis and qualitative intelligence will enable us to track progress and course-correct if we are at risk of falling short in any particular area.The government’s AI Council, an independent expert group formed to represent high-level leadership of the UK’s AI ecosystem, has played a key role in reaching a National AI Strategy and informing its direction. As we move into an implementation phase, the AI Council will continue to help galvanise action from across the ecosystem in fulfilling our objectives and holding the government to account on the actions contained in the strategy. The recently established Office for Science and Technology Strategy, National Science and Technology Council and National Technology Adviser will work with the rest of government to drive forward Whitehall’s science and technology priorities from the centre. As a part of this, we will collectively identify the technological capabilities required in the UK and in the government to deliver the Prime Minister’s global science superpower ambitions through AI.NatinlaAISrteaty54 q7 q9NatinlaAISrteaty54 PublishedinSeptember2021 bytheOfficeforArtificialIntelligence ©Crowncopyright2021 ThispublicationislicensedunderthetermsoftheOpenGovernmentLicence v3.0exceptwhereotherwisestated.Toviewthislicence, visit:nationalarchives.gov.uk/doc/open-government-licence/version/3 Wherewehaveidentifiedanythirdpartycopyrightinformationyouwillneedto obtainpermissionfromthecopyrightholdersconcerned. ISBN978-1-5286-2894-5 E02674508 09/21 Thispublicationisavailableatwww.gov.uk/official-documents Anyenquiriesregardingthispublicationshouldbesentto: enquiries@dcms.gov.uk Anyenquiriesregardingthispublication shouldbesentto:enquiries@dcms.gov.uk ISBN978-1-5286-2894-5 E02674508 09/21 PublishedinSeptember2021 bytheOfficeforArtificialIntelligence ©Crowncopyright2021