The company should clearly disclose that it directly notifies users when it changes its algorithmic system development policies, prior to these changes coming into effect.
Elements:
- Does the company clearly disclose that it directly notifies users about all changes to its algorithmic system development policies?
- Does the company clearly disclose how it will directly notify users of changes?
- Does the company clearly disclose the time frame within which it directly notifies users of changes prior to these changes coming into effect?
- Does the company maintain a public archive or change log?
Definitions:
Algorithmic system development policies — Documents that outline a company’s practices related to the development and testing of algorithms, machine learning and automated decision-making.
Change log — A record that depicts the specific changes in a document, in this case, a terms of service or privacy policy document.
Clearly disclose(s) — The company presents or explains its policies or practices in its public-facing materials in a way that is easy for users to find and understand.
Directly notify/direct notification — By direct notification, we mean that when a company changes or updates its policy that applies to a particular service, we expect the company to notify users of these changes via the service. The method of direct notification may differ according to the type of service. For services that contain user accounts, direct notification may involve sending an email or an SMS. For services that do not require a user account, direct notification may involve posting a prominent notice on the main page where users access the service.
Public archive — A publicly available resource that contains previous versions of a company’s policies, such as its terms of service or privacy policy, or comprehensively explains each round of changes the company makes to these policies.
Users — Individuals who use a product or service. This includes people who post or transmit the content online as well as those who try to access or receive the content. For indicators in the freedom of expression category, this includes third-party developers who create apps that are housed or distributed through a company’s product or service.
Indicator guidance: Companies may change their algorithmic system development policies as their business evolves. However, these changes can have a significant impact on users’ right to privacy. We therefore expect companies to commit to notify users when they change these policies and to provide users with information that helps them understand what these changes mean, as the Council of Europe recommends in its Recommendation of the Committee of Ministers to member States on the human rights impacts of algorithmic systems (2020).
Potential sources:
- Company algorithmic use policy/AI policy
- Privacy policy or data policy
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