Digital Rights Alliance Protecting Human Rights from Military Technologies, 30 November 2023 6 Question 6 43. Although there are many strategies to protect the right to equality and nondiscrimination in the design and deployment of NTMD, a principal safeguard should be the inclusion of an ‘informed human in the loop’. This is especially important where NTMD utilises data sets and algorithms. There should always be an individual who has oversight of the design, deployment and use of NTMD. 44. While a human in the loop may improve accountability and fairness, they must be educated on the risks of discrimination in NTMD.28 Individuals who have oversight of NTMD (especially NTMD that make decisions or utilise AI) need significant training on the flaws of data sets, algorithms and AI tools. They must also be encouraged to scrutinise AI-outcomes, especially where such outcomes can result in the deprivation of life. 45. However an ‘informed human in the loop’ in isolation is insufficient, there must be additional safeguards in place, and consideration given to whether the specific functions of a NTMD should even be automated.29 7 Question 17 7.1 Australian Human Rights Commission 46. On 07 June 2023, Human Rights Commissioner, Lorraine Finlay, participated in RightsCon Costa Rica. Commissioner Finlay delivered the speech ‘Stopping Killer Robots – Prohibiting the use of Lethal Autonomous Weapon Systems’. The speech called for urgent legislation to effectively regulate LAWS and limit their misuse. The speech summarised the key issues around LAWS, including technical inaccuracies of FRT and its possible implications in rising domestic terrorism and broader arms races. The Commission continues to advocate for LAWS regulation. 47. The Australian Human Rights Commission has also examined the use of neurotechnologies in military spheres as part of its upcoming Background Report on Neurotechnology and Human Rights. 48. The Australian Human Rights Commission has prepared its own submission to this inquiry. 7.2 Danish Institute of Human Rights 49. The DIHR has been working on the broader impact of new technologies on digital and human rights. DIHR is the Chair of the NHRIs Alliance for Digital 9