Transparency is now a fundamental principle for data processing under the General Data Protection Regulation. We explore what this requirement entails for artificial intelligence and automated decision-making systems. We address the topic of transparency in artificial intelligence by integrating legal, social, and ethical aspects. We first investigate the ratio legis of the transparency requirement in the General Data Protection Regulation and its ethical underpinnings, showing its focus on the provision of information and explanation. We then discuss the pitfalls with respect (...) to this requirement by focusing on the significance of contextual and performative factors in the implementation of transparency. We show that human–computer interaction and human-robot interaction literature do not provide clear results with respect to the benefits of transparency for users of artificial intelligence technologies due to the impact of a wide range of contextual factors, including performative aspects. We conclude by integrating the information- and explanation-based approach to transparency with the critical contextual approach, proposing that transparency as required by the General Data Protection Regulation in itself may be insufficient to achieve the positive goals associated with transparency. Instead, we propose to understand transparency relationally, where information provision is conceptualized as communication between technology providers and users, and where assessments of trustworthiness based on contextual factors mediate the value of transparency communications. This relational concept of transparency points to future research directions for the study of transparency in artificial intelligence systems and should be taken into account in policymaking. (shrink)

Amartya Sen argues that a conception of impartiality built upon “trans-positional objectivity” provides a potential remedy to conflicts of distributive justice by securing the most “reasonable reasons” in a debate. This article undertakes a critical analysis of Sen’s theory by contrasting it with Paul Ricoeur’s claim that impartiality is a normative concept and therefore that the demand faced within the arena of competing distributive claims is not one of providing the most reasonable reasons but of exposing and understanding the role (...) of convictions that underwrite normative frameworks, or ethical orders. -/- Amartya Sen soutient qu’une idée de l’impartialité qui se fonde sur une objectivité «trans-positionelle» offre un remède possible aux conflits de la justice distributive en s’assurant d’obtenir les «raisons» les plus «raisonnables» dans un débat. Cet article a pour intention principale de formuler une critique de l’hypothèse de Sen en la contrastant avec l’interprétation de l’impartialité proposée par Paul Ricœur. Selon Ricœur, l’impartialité est un concept normatif. Par conséquent, la tâche à assumer est de révéler et de comprendre le rôle des convictions qui établissent les bases des cadres normatifs et des systèmes éthiques, et non de procurer les raisons les plus raisonnables. (shrink)

In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting unauthorized disclosures. Accordingly, there are two potential targets for prosecution: the leakers and the press. In practice, however, only the leakers are prosecuted: Snowden is facing a threat of 30 years’ imprisonment; no charges have been made against The Guardian. If both leaking and publishing leaks violate the law, why prosecute only the leakers and (...) not the press? I consider and reject two arguments. The first claims that the press has special moral claims by virtue of its rights or its role. The second argument states that the leakers commit a greater wrong than the press. I conclude that the current prosecution practice is inconsistent: prosecutors should either prosecute both or neither. (shrink)

The COVID-19 pandemic has generated a range of responses from countries across the globe in managing and containing infections. Considerable research has highlighted the importance of trust in ethically and effectively managing infectious diseases in the population; however, considerations of reciprocal trust remain limited in debates on pandemic response. This paper aims to broaden the perspective of good ethical practices in managing an infectious disease outbreak by including the role of reciprocal trust. A synthesis of the approaches drawn from South (...) Korea and Taiwan reveals reciprocal trust as an important ethical response to the COVID-19 pandemic. Reciprocal trust offers the opportunity to reconcile the difficulties arising from restrictive measures for protecting population health and individual rights. (shrink)

A question facing nearly all private firms is whether they may keep employee pay secret. Many think it is obvious that firms are obligated to disclose a good deal of pay information once we properly appreciate the severity of pay discrimination in our economy and the autonomy-related interests that would be served by pay disclosure. This article puts forth a dissenting voice against the vast majority of recent commentary. It exploits a fissure between reasons we have to support certain coercive (...) regulations and reasons firms have to act in the absence of such regulation. While acknowledging that we may need transparency regulations for firms that fail to act morally, it argues that otherwise moral firms need not disclose pay on the surveyed grounds. (shrink)