Affected Person
A natural person or group of persons who are subject to or affected by an AI system.
How the laws define this
Consensus centers on identifying persons impacted by AI system outputs or decisions to grant them consideration in evaluation processes and access to remediation or redress. However, these frameworks diverge significantly on who qualifies as an affected party and the required degree of impact. Regarding subject scope, the Draft Organic Law for the Regulation and Promotion of Artificial Intelligence applies exclusively to individuals, whereas both the NSTDA AI Ethics Guideline and the AI Utilization Guidelines (Practical Reference for AI Utilization) explicitly include groups. Furthermore, the instruments differ on the threshold of harm needed to trigger this status: the Draft Organic Law for the Regulation and Promotion of Artificial Intelligence and the NSTDA AI Ethics Guideline restrict the definition to those who are materially impacted or directly subject to AI outputs, while the AI Utilization Guidelines (Practical Reference for AI Utilization) adopt a broader standard that encompasses anyone who may experience direct or indirect impacts.
Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Thailand | NSTDA AI Ethics Guideline | In Force | Emphasizes material impacts and ties the term to risk assessments, stakeholder engagement, remedies, and disclosure. |
| Japan | AI Utilization Guidelines (Practical Reference for AI Utilization) | Adopted | Highlights direct or indirect impacts, with focus on protecting dignity and autonomy, remediation channels, and post-deployment stakeholder input. |
| Ecuador | Draft Organic Law for the Regulation and Promotion of Artificial Intelligence | Under Review | Limits to individuals subjected to or impacted by AI outputs/decisions, explicitly guaranteeing rights to explanation, human review, and redress. |
What it triggers
- Japan's AI Utilization Guidelines call for protecting the dignity and autonomy of affected persons, providing remediation channels, and incorporating their input in post-deployment evaluation and redress processes.source
- Ecuador's Draft Organic Law would guarantee affected persons rights to explanation, human review, and redress against unfair, discriminatory, or harmful automated outcomes.source
Definitions (3)
Individuals who are the subject of, or materially impacted by, outputs or decisions produced by AI systems; the law guarantees affected persons rights to explanation, human review, and redress against unfair, discriminatory, or harmful automated outcomes.
An individual or group that is materially impacted by decisions, outputs or actions of an AI system. The term is used to identify who should be considered in risk assessments, stakeholder engagement, remedies and disclosure obligations.
Persons or groups who may experience direct or indirect impacts from AI system outputs or decisions; the Guidelines emphasise protecting their dignity and autonomy, providing remediation channels, and incorporating stakeholder input in post-deployment evaluation and redress processes.
Not to be confused with
Right to explanation is a specific legal entitlement for affected persons to receive a clear account of an AI-driven decision, whereas affected person identifies who may claim such rights.
Fundamental rights impact assessment evaluates potential effects on human rights before deployment, while affected person refers to the individuals or groups impacted by the AI system.
Human oversight involves mechanisms for human control over AI operations, distinct from identifying affected persons who may benefit from or require such oversight.
Questions and answers
How does Japan's AI guidelines address affected persons?
They emphasize protecting dignity and autonomy, providing remediation channels, and incorporating stakeholder input in post-deployment evaluation and redress.
What rights does Ecuador's draft law give to affected persons?
It guarantees rights to explanation, human review, and redress against unfair, discriminatory, or harmful automated outcomes.
Related Terms
Right to Explanation
A legal entitlement for a person affected by an AI-driven decision to receive a clear, meaningful account of the AI system’s role and the main elements that led to that decision....
Fundamental Rights Impact Assessment
Evaluation of AI system's potential impact on human rights before deployment....
Human Oversight
Mechanisms enabling human control and intervention over AI system operations....