Australian Human Rights Commission
Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023
69. Such principles demonstrate the importance of proactive and human
rights-centred design and deployment of technology. Recognition and
commitment to such principles within the Compact would go far in
mitigating the harms of AI.
Recommendation 10: The Compact recognise and include the eSafety
Commissioner’s Safety by Design Principles.
4.5
Impact assessments
70. In the Commission’s Final Report, it was recommended that the AI Safety
Commissioner should develop a tool to assist private sector bodies
undertake human rights impact assessments (HRIAs) in developing AI
informed decision-making systems. This included recommending that the
Australian Government should maintain a public register of completed
HRIAs.49
71. HRIA tools assess how a new product, service, law or policy will engage
human rights. They also provide a framework for ensuring adequate rights
protections.
72. As noted in the Final Report:
HRIAs are increasingly being used by government, the private sector
and civil society organisations to measure the risk to human rights
posed by their activities, ensure that measures are put in place to
address human rights risks, and support the availability of remedies
for any human rights infringements.50
73. The Commission’s previous work has found strong support from the public
and private sectors, for the Australian Government to develop an HRIA tool
and associated guidance for AI-informed decision making.51
74. Although the Commission’s work in advancing HRIAs in respect of AI has
been specific to the Australian jurisdiction, the use of HRIAs globally would
help to identify and address human rights issues at the earliest stage of the
design in AI-informed decision-making systems.
Recommendation 11: HRIAs should be conducted when developing all AI
products.
17