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Law / Spain

Ley 15/2022 Article 23, Artificial Intelligence and Automated Decision-Making Mechanisms in Public Administrations

Ley 15/2022, de 12 de julio, integral para la igualdad de trato y la no discriminación, art. 23 (BOE-A-2022-11589)

In force since .

An AI governance rule binding public and private bodies.

Audit expectation
none

What it requires

  • Public administrations will favour mechanisms so that the algorithms they use in decision-making take account of criteria of bias minimisation, transparency and accountability, wherever technically feasible; the mechanisms cover the algorithm's design and training data and its potential discriminatory impact, and impact assessments to determine possible discriminatory bias are to be promoted (Ley 15/2022, article 23(1)).
  • Public administrations will give priority to transparency in the design and implementation of the algorithms they use in decision-making and to the ability to interpret the decisions those algorithms adopt (article 23(2)).
  • Public administrations and companies will promote ethical, trustworthy artificial intelligence that respects fundamental rights, following the recommendations of the European Union in particular (article 23(3)).

These lines are LexLint's reading of the law's text.

Who enforces it

Settledness

As of
Open questions
  • Does 'siempre que sea factible técnicamente' in article 23(1) let an administration leave out the bias-minimisation, transparency and accountability criteria for an algorithm whose design cannot technically accommodate them?
  • Does 'las empresas promoverán' in article 23(3) bind a private company to any step beyond promoting trustworthy artificial intelligence?

What it makes you log

Logging duty

Article 23 asks public administrations to favour mechanisms, to give priority to transparency and to promote impact assessments, and asks administrations and companies to promote trustworthy artificial intelligence. It states no duty to create, keep or produce a log or record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 23(1) of Ley 15/2022 provides that public administrations will favour mechanisms so that the algorithms involved in the decisions they take account of criteria of bias minimisation, transparency and accountability, wherever technically feasible. Under article 23(1) the Act also promotes impact assessments to determine possible discriminatory bias in those algorithms.

Under article 23(2), public administrations will give priority to transparency in the design and implementation of those algorithms and to the ability to interpret the decisions they adopt. Under article 23(3), public administrations and companies will promote ethical, trustworthy artificial intelligence that respects fundamental rights. Article 23(4) provides that a quality seal for algorithms will be promoted. The Act entered into force on , the day after its publication in the Boletín Oficial del Estado.

When LexLint raises it

When your app profile says your app makes high-risk automated decisions.

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