• Third party audit of algorithms – anticipated by data impact assessments under Article 24 requiring data controllers to evaluate “the risks of varying likelihood and severity for the right and freedoms of natural persons.” In New Zealand, concerns have been raised about the use of computer-based risk prediction models by the Accident Compensation Corporation (ACC) to profile and target clients. University of Otago researchers have warned against the dangers of such tools.243 While final decisions appear to come down to the case manager, the researchers raised concerns that “their decisions are guided by advice generated automatically by a machine, based on a large set of data extending far beyond their own experience.” The researchers recommend that Governments and companies consider the following when using such tools: • Accuracy of the tool, including a thorough description of the data set on which it was assessed • Ability to explain how the tool works so that clients can appeal decision • Distortion in the way the agency pursues its policy objectives • Responsibility to make fair and humane decisions • Whether the tool implicitly discriminates against individuals • Training employees in the use of the system 6.5 Role of Business While Governments are primarily responsible for protecting human rights, the United Nations Guiding Principles on Business and Human Rights (UNGPs) make clear that all businesses have a responsibility to respect human rights.244 The UNGPs are the authoritative global standard on business and human rights, endorsed by the United Nations Human Rights Council in 2011. They consist of 31 principles that set out the expectations of states and businesses human rights. 243 http://www.otago.ac.nz/humanities/news/otago664403.html 244 http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf Under the UNGPs, States must protect against human rights abuses within their territory by third parties, including businesses, and should set clear expectations that businesses respect human rights. Businesses are also required to respect human rights. The foundation principle of the corporate responsibility to respect human rights is that businesses should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. The three key components of the corporate responsibility to respect human rights can be summarised as: • A public commitment to respect human rights: The responsibility to respect human rights refers to internationally recognised human rights, including the International Bill of Human Rights, International Labour Organization’s (ILO) Declaration on Fundamental Principles and Rights at Work. • An ongoing process of human rights due diligence: This includes an assessment of risks to human rights; integrating findings of human rights impact assessments across relevant internal functions and processes; and tracking the effectiveness of response to human rights impacts. • Having processes in place to enable a remedy when companies identify that they have caused or contributed to adverse human rights impacts The UNGPs are increasingly important as businesses gather vast amounts of personal data about individuals and use it for purposes that it was not originally intended for, placing individual data privacy at risk. These issues were recently brought to light after Facebook admitted that Cambridge Analytica, a data mining and targeting company, used the personal data of 87 million of its users to create psychographic profiles. The international human rights framework and importantly the UNGPs are becoming more relevant as individuals are becoming increasingly concerned about the use of personal data by 46

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