IGF 2022 Launch / Award Event #25 The use of AI in the public and private sectors - how do opportunities & challenges compare? White paper on implementation AI-engined system enhancing effectiveness of a public authority.

In a constantly changing and digitalized world, artificial intelligence (AI) is increasingly taking center stage in various areas of activity. Often, the use and development of AI is discussed from a protectionist perspective of the individual – such as privacy, use of data and how daily AI influences the lives of its users. This is, of course, important, however, it is crucial that we do not forget about other areas of AI usage and the impacts it may have there. One of these areas concerns the use of AI as an enforcement tool for agencies, analogically to its employment for more efficient processes in the private sector. AI can be utilized for a variety of tasks, i.e.: adjudication, enforcement, data collection and analysis, internal management, and public communications. It can refine the precision and efficiency of tasks and functions. Nonetheless, AI is also connected with certain risks, such as the risk of undermining human competencies and dilemmas regarding privacy, data security, developing technical capacity to ensure oversight, and accountability. At the previous 2021 IGF conference in Katowice, we hosted a panel that explored our plans to develop an AI tool that searches terms and conditions in the Internet and analyze them to identify clauses that may be disadvantageous to consumers. Since then we have gained experience and continued work in the field. In this year’s conference we would like to continue the AI conversation and discuss more specifically how to deal with challenges connected to the use of AI tools that we have encountered and how to use its benefits to the fullest. In order to make the most of our project to introduce such a tool, we have initiated a cooperation with the Berkman Klein Center (BKC) in order to help us find solutions to our challenges and be most effective. The Berkman Klein Center is a research center at Harvard University that focuses on the study of cyberspace. Specifically, BKC seeks to explore the development, dynamics, norms, and standards of cyberspace and to assess the need or lack thereof for laws and sanctions. One of the aspects it conducts its work on is in AI. In early 2021, BKC joined the Sienna project as an associate partner to contribute towards work on the ethics & governance of AI and robotics. In 2020 it partnered with UNICEF to draw up a draft policy guidance on AI for Children. That same year, BKC executive director Urs Gasser delivered a keynote speech at the “Launch of Ethics of AI in Colombia” focusing on the role of government in trustworthy AI. During the session we plan to present our work on White Paper, co-developed by UOKiK and the BKC advising how other consumer protection agencies could benefit from UOKiK’s AI project. Despite the fact that the system cannot be used one-to-one in other countries, there are significant parts that might be adjusted for other agencies purposes. Organizational know-how and lessons learned during the project are not less valuable and might be very useful for public bodies willing to introduce AI into their work, especially UOKiK’s experience in: (1) assessing which areas of consumer protection can be effectively supported be AI, (2) how to cooperate with experts to precise an idea, (3) how to order an innovative system within the public procurement law framework, and (4) what steps to take to prepare an organization, including management and employees for the new technology. Our work on the white paper is based on the ongoing AI project, that will be nearly concluded by the time of the IGF 2022. It will cover the abovementioned topics of determining where and what sort of AI to use, tips from UOKiK how to cooperate with private sector, academia, other public bodies, how to choose a vendor within the framework of public procurement law and how to develop and implement the tool in practice, including convincing management and employees to support and apply it in their everyday work. We are planning that it will also contain insights on managing of database possessed by public bodies and ethical and transparency issues, presenting examples of good practice that can help achieve accountability while using intelligent learning systems. This session will look to analyze and answer the fundamental questions regarding AI as an enforcement tool for agencies, taking into account both the opportunities and challenges that it presents. We will address questions such as: • What are opportunities and risks related to use of AI in a public sphere? • Can a public authority fully rely on results of analysis made by AI-powered machine? • What role should AI applications play in the decision-making process: a tool, an assistant, a peer? • How to ensure AI is used in a fair, transparent and responsible way, especially by public authorities? • What technological, managerial, HR or legal challenges are there when an organization implements AI? • What ethical concerns may raise with regard to the use of AI by a public authority (transparency and fairness of decision-making, proper oversight, concerns on employment reduction etc.)? • How to ensure a strong oversight and enforcement system, including effective redress mechanisms and public enforcement if risks associated with AI materialize? The session will encompass both a practical point of view from the authority that has successfully implemented AI into its work and directives how not to overlook significant risks in the spheres of values and control over a constantly developing system that influences public policy. To summarize, the launches and awards session will address advanced technologies, including AI, by embracing the issue of emerging AI regulation, especially in the field of consumer and user rights. Tools based on AI shall be especially useful while monitoring B2C practices of Internet companies. Their terms and conditions are available but hardly ever read by users. This gives a perfect field for AI to assist analyses and consumer rights enforcement. Particular regard will be held towards two of the policy questions: Data governance and trust, globally and locally and Protecting consumer rights: What regulatory approaches are/could be effective in upholding consumer rights, offering adequate remedies for rights violations, and eliminating unfair and deceptive practices from the part of Internet companies. Additionally, the discussion will also lead to several emerging and cross-cutting issue areas such as: Trust, security, stability.

First of all, we will provide two moderators - a male and a female - who will jointly facilitate the discussion. One of them will be present physically while the other one will be online in order to create a sense of representation to both groups of participants and to facilitate the later discussion. The online moderator will also manage the chat. In our opinion, the dual-moderator approach will ensure that the audience is being actively challenged to follow the speakers, share their reflections and ask questions. Not forgetting the online devices, we shall use other online tools such as blackboard and voting app. This will ensure that even more passive participants are stimulated to actively participate. AI is a topical and highly emotive issue that will undoubtedly attract public attention, especially when discussing a practical tool. The session will be geared towards presenting the work on white paper but will also welcome comments and discussion from speakers and questions/observations from the audience. These recommendations, together with a summary of the Awards and Launches discussion and conclusion, can be captured in a brochure/publication which can be disseminated as a written product of the Award and Launch.