+Automated Decision-Making Technology (ADMT) Transparency

Automated Decision-Making Technology (ADMT) Transparency

Description

Mechanisms exist to provide data subjects with sufficient details of the logic and parameters used by Automated Decision-Making Technology (ADMT) to process the Personal Data (PD) to generate an output with respect to the data subject.

Possible Solutions & Considerations

Micro-Small Business (<10 staff) / BLS Firm Size Classes 1-2

∙ Explain how automated decisions are made to affected users

Small Business (10-49 staff) / BLS Firm Size Classes 3-4

∙ ADMT transparency policy
∙ Explanation of ADMT logic in privacy notice

Medium Business (50-249 staff) / BLS Firm Size Classes 5-6

∙ Formal ADMT transparency program
∙ Explainability requirements for ADMT systems

Large Business (250-999 staff) / BLS Firm Size Classes 7-8

∙ Enterprise ADMT transparency program
∙ Explainable AI (XAI) for ADMT systems

Enterprise (> 1,000 staff) / BLS Firm Size Class 9

∙ Enterprise AI explainability framework for ADMT
∙ XAI tools (SHAP, LIME)
∙ Regulatory compliance (GDPR Art. 13-15, 22)

SCR-CMM

Level 0 Not Performed

Practices are non-existent, based on the inability to demonstrate an implemented and operational capability. A reasonable person would conclude the control is not being performed.

Level 1 Performed Informally

SCR-CMM Level 1 criteria definitions are not available for this control:
▪ A reasonable person would conclude this control requires a structured process.
▪ At this level of maturity, the "ad hoc" nature of performing a capability informally would indicate the intent of the control is not met due to a lack of consistency and formality.

Level 2 Planned Tracked

SCR-CMM Level 2 criteria definitions are not available for this control:
▪ A reasonable person would conclude a well-defined and standardized process is required.
▪ At this level of maturity, the “requirements-driven” nature of performing the control is focused on a localized and/or regionalized implementation, not uniform and consistent across the organization.
▪ Requirements are narrowly scoped for applicability and are primarily derived from compliance obligations (e.g., laws, regulations and contracts).

Level 3 Well Defined

Privacy (PRI) capabilities are standardized across the entity for applicability to People, Processes, Technologies, Data and/or Facilities (PPTDF) to ensure consistency for Technology Assets, Applications, Services and/or Data (TAASD). Capability criteria associated with this control reasonably expect the following criteria to exist:
▪ Policies and standards associated with PRI domain capabilities are formally documented and centrally-managed by the entity's Governance, Risk & Compliance (GRC) team, or similar function.
▪ Standardized Operating Procedures (SOP) associated with PRI domain capabilities are well-documented and kept current by process owners.
▪ A data privacy team, or similar function, is appropriately staffed and supported to implement and maintain PRI domain capabilities.
▪ Technology is leveraged to enhance the efficiency and accuracy of data privacy operations (e.g., privacy notice management software and customer management solution).
▪ The entity's Governance, Risk & Compliance (GRC) team, or similar function, works with business stakeholders and process owners to appropriately scope and reasonably implement cybersecurity and data protection controls associated with PRI domain capabilities to address Minimum Compliance Requirements (MCR) (e.g., applicable statutory, regulatory and/or contractual requirements) and Discretionary Security Requirements (DSR) (e.g., entity-required controls).
▪ An implemented and operational capability exists to provide data subjects with sufficient details of the logic and parameters used by Automated Decision-Making Technology (ADMT) to process the Personal Data (PD) to generate an output with respect to the data subject.

Level 4 Quantitatively Controlled

Utilize SCR-CMM Level 3 criteria definitions:
▪ There are no defined Level 4 criteria, since it is reasonable to assume a quantitatively-controlled process is not necessary to operationalize this control.
▪ While it may be possible to develop “metrics-driven” capabilities for this control, the criteria would be organization-specific to define.

Level 5 Continuously Improving

Utilize SCR-CMM Level 3 or Level 4 (if available) criteria definitions:
▪ There are no defined Level 5 criteria, since it is reasonable to assume a continuously-improving process is not necessary to operationalize this control.
▪ Level 5 capabilities should be considered “world-class” where the control builds on Level 4 capabilities, but are continuously improving through Artificial Intelligence (AI) and/or Machine Learning (ML) technologies.
▪ While it may be possible to develop responsive capabilities for this control through the use of AI and/or ML technologies, the criteria would be organization-specific to define.

1. Pregled

Naslov Standard

1.1 Sklici

1.2 Ugotovljene zahteve

1.3 Povezani predpisi

2. Ugotovljene zahteve

Zahteve
Vir Zahteva

3. Povezani predpisi

Predpisi
Vir Regulativa

Povezane zadeve

Povezave
Vrsta povezave Zadeva
is related to Annual
is related to relative Control Weighting = 06
is related to Process
is related to Protect
is related to SCRM Focus Tier 2 OPERATIONAL
blocks Contractual Default / Termination
blocks Reputational Harm / Loss of Stakeholder Trust
blocks Regulatory / Legal / Contractual Financial Liability
blocks Loss of Authorization / Certification / License
blocks Uncontrolled Internal Security / Privacy Exposure
blocks Inability to Demonstrate Due Diligence / Due Care
blocks AI Output / Decision Integrity Failure
blocks AI Bias / Discriminatory Outcome
blocks Privacy Harm / Unauthorized Processing
blocks Drought & Water Shortage
blocks Earthquakes
blocks Fire & Wildfires
blocks Floods
blocks Hurricanes & Tropical Storms
blocks Landslides & Debris Flow
blocks Pandemic (Disease) Outbreaks
blocks Severe Weather
blocks Space Weather
blocks Thunderstorms & Lightning
blocks Tornadoes
blocks Tsunamis
blocks Volcanoes
blocks Winter Storms & Extreme Cold
blocks Malicious Cyber Activity
blocks Dysfunctional Management Practices
blocks Human Error
blocks Technical / Mechanical Failure
blocks Statutory / Regulatory / Contractual Change
blocks Data Quality Degradation / Data Poisoning
blocks Artificial Intelligence & Autonomous Technologies (AAT) System Failure or Unintended Behavior
blocks Fraud, Corruption and/or Intentional Criminal Conduct
blocks Conflict of Interest (COI) / Undue Influence / Insider Misconduct
blocks Workforce Shortage / Loss of Critical Skills / Labor Disruption
blocks Adversarial Artificial Intelligence (AI) Attack
is blocked by PRI-36.4 Automated Decision-Making Technology (ADMT) Transparency – Assessment Procedure
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