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Domain 1 · Discrimination & Toxicity

1.1Unfair discrimination and misrepresentation

Unequal treatment of individuals or groups by AI, often based on race, gender, or other sensitive characteristics, resulting in unfair outcomes and representation of those groups.

Applicable legal frameworks

Québec

Articles 10, 16, 18.2 (discrimination dans le travail, le logement, les services)

Quebec quasi-constitutional law prohibiting discrimination based on protected grounds. Relevant for AI system biases in hiring, credit granting, housing, and services.

Article 12.1 (décision automatisée), article 14 (information de la personne concernée)

Quebec law on the protection of personal information in force since September 22, 2023, regulating the collection, use, disclosure, and retention of personal information by businesses and public bodies. Includes obligations regarding automated decision-making (Article 12.1).

Principe 6 (équité)

Ethical declaration based on 10 principles (well-being, respect for autonomy, privacy protection, etc.). A recognized Quebec reference.

Canada

AIDA (Bill C-27)Direct (futur)

Évaluation des incidences, mesures d'atténuation pour systèmes à incidence élevée

Federal bill (C-27) introducing a regulatory framework for high-impact AI systems. Creates an AI and Data Commissioner and imposes assessment, mitigation, and transparency obligations.

International

NIST AI RMF 1.0Recommandation

Govern 1.4, Measure 2.11 (équité)

Voluntary AI risk management framework structured around four functions: Govern, Map, Measure, Manage. A common reference in AI governance.

UE

AI Act (European Union)Si exposition UE

Annexe III (recrutement, crédit, services publics) ; obligations art. 9-15 pour systèmes à haut risque

European regulation establishing a harmonized framework for AI, based on a risk-based approach (unacceptable, high, limited, minimal risk). Relevant for Quebec organizations doing business in the EU.

Quebec sector examples

Banque et assurance

Banque et assuranceInstitution financière sous supervision AMF

Un algorithme d'octroi de crédit d'une caisse populaire refuse systématiquement plus souvent les demandes provenant de codes postaux à forte concentration de minorités visibles, créant une forme de discrimination indirecte au sens de la Charte.

Santé et services sociaux

Santé et services sociauxCISSS/CIUSSS

Un outil d'IA de triage en urgence sous-évalue la gravité des symptômes chez les femmes en raison d'un jeu d'entraînement biaisé, retardant leur prise en charge.

Services publics

Services publicsOffice municipal d'habitation

Un système d'attribution automatisée de logements sociaux d'un OMH applique des règles qui défavorisent les familles monoparentales sans justification statistique.

Manufacturier et RH

Manufacturier et RHPME manufacturière

Un outil de filtrage des CV utilisé par un manufacturier de l'Estrie pénalise les candidatures de personnes issues de l'immigration récente sur la base d'une corrélation fortuite entre lieu d'études et performance passée.

Recommended mitigations

  • 1.2Risk Management

    Systematic methods for identifying, assessing, and managing AI-related risks, for comprehensive, organization-wide risk governance.

  • 2.2Model Alignment

    Technical methods to ensure that AI systems understand and adhere to human values and intentions.

  • 3.1Testing and Audits

    Systematic internal and external evaluations that examine AI systems, infrastructure, and compliance processes to identify risks, verify safety, and ensure performance meets standards.

  • 3.2Data Governance

    Policies and procedures that frame the responsible acquisition, curation, and use of data to ensure compliance, quality, user privacy, and removal of harmful content.

  • 4.2Risk Disclosure

    Formal reporting protocols and notification systems that communicate information on risks, mitigation plans, safety assessments, and significant AI-related activities to enable external oversight and inform stakeholders.

Documented risks (83)

Entries from the AI Risk Repository (MIT) classified under this subdomain. Original content in English.

Entity
Intent
Timing

83 entries

Risk Sub-CategoryCui2024

02.01.01Bias

"The training datasets of LLMs may contain biased information that leads LLMs to generate outputs with social biases"

AIIntentionalOther
Risk CategoryCui2024

02.08.00Toxicity and Bias Tendencies

"Extensive data collection in LLMs brings toxic content and stereotypical bias into the training data."

HumanIntentionalPre-deployment
Risk Sub-CategoryCui2024

02.08.02Biased Training Data

"Compared with the definition of toxicity, the definition of bias is more subjective and contextdependent. Based on previous work [97], [101], we describe the bias as disparities that could raise demographic differences among various groups, which may involve demographic word prevalence and stereotypical contents. Concretely, in massive corpora, the prevalence of different pronouns and identities could influence an LLM’s tendency about gender, nationality, race, religion, and culture [4]. For instance, the pronoun He is over-represented compared with the pronoun She in the training corpora, leading LLMs to learn less context about She and thus generate He with a higher probability [4], [102]. Furthermore, stereotypical bias [103] which refers to overgeneralized beliefs about a particular group of people, usually keeps incorrect values and is hidden in the large-scale benign contents. In effect, defining what should be regarded as a stereotype in the corpora is still an open problem."

AIIntentionalPre-deployment
Risk CategoryCunha2023

03.01.00Broken systems

"These are the most mentioned cases. They refer to situations where the algorithm or the training data lead to unreliable outputs. These systems frequently assign disproportionate weight to some variables, like race or gender, but there is no transparency to this effect, making them impossible to challenge. These situations are typically only identified when regulators or the press examine the systems under freedom of information acts. Nevertheless, the damage they cause to people’s lives can be dramatic, such as lost homes, divorces, prosecution, or incarceration. Besides the inherent technical shortcomings, auditors have also pointed out “insufficient coordination” between the developers of the systems and their users as a cause for ethical considerations to be neglected. This situation raises issues about the education of future creators of AI-infused systems, not only in terms of technical competence (e.g., requirements, algorithms, and training) but also ethics and responsibility. For example, as autonomous vehicles become more common, moral dilemmas regarding what to do in potential accident situations emerge, as evidenced in this MIT experiment. The decisions regarding how the machines should act divides opinions and requires deep reflection and maybe regulation."

AIIntentionalPost-deployment
Risk CategoryDeng2023

04.02.00Unfairness and Discrimination

Social bias is an unfairly negative attitude towards a social group or individuals based on one-sided or inaccurate information, typically pertaining to widely disseminated negative stereotypes regarding gender, race, religion, etc.

OtherOtherPost-deployment
Risk CategoryHagendorff2024

05.01.00Fairness - Bias

Fairness is, by far, the most discussed issue in the literature, remaining a paramount concern especially in case of LLMs and text-to-image models. This is sparked by training data biases propagating into model outputs, causing negative effects like stereotyping, racism, sexism, ideological leanings, or the marginalization of minorities. Next to attesting generative AI a conservative inclination by perpetuating existing societal patterns, there is a concern about reinforcing existing biases when training new generative models with synthetic data from previous models. Beyond technical fairness issues, critiques in the literature extend to the monopolization or centralization of power in large AI labs, driven by the substantial costs of developing foundational models. The literature also highlights the problem of unequal access to generative AI, particularly in developing countries or among financially constrained groups. Sources also analyze challenges of the AI research community to ensure workforce diversity. Moreover, there are concerns regarding the imposition of values embedded in AI systems on cultures distinct from those where the systems were developed.

AIIntentionalPost-deployment
Risk CategoryHogenhout2021

06.03.00Discrimination

"When AI is not carefully designed, it can discriminate against certain groups."

AIIntentionalPost-deployment
Risk CategoryHogenhout2021

06.04.00Bias

"The AI will only be as good as the data it is trained with. If the data contains bias (and much data does), then the AI will manifest that bias, too."

AIIntentionalPre-deployment
Risk CategoryPaes2023

10.01.00Bias and discrimination

"The decision process used by AI systems has the potential to present biased choices, either because it acts from criteria that will generate forms of bias or because it is based on the history of choices."

AIIntentionalPost-deployment
Risk CategoryPaes2023

10.02.00Risk of Injury

"Poorly designed intelligent systems can cause moral, psychological, and physical harm. For example, the use of predictive policing tools may cause more people to be arrested or physically harmed by the police."

HumanIntentionalPost-deployment
Risk CategoryPaes2023

10.03.00Data Breach/Privacy & Liberty

"The risks associated with the use of AI are still unpredictable and unprecedented, and there are already several examples that show AI has made discriminatory decisions against minorities, reinforced social stereotypes in Internet search engines and enabled data breaches."

AIIntentionalPost-deployment
Risk CategoryShelby2023

11.01.00Representational Harms

"beliefs about different social groups that reproduce unjust societal hierarchies"

OtherIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.01.01Stereotyping social groups

Stereotyping in an algorithmic system refers to how the system’s outputs reflect “beliefs about the characteristics, attributes, and behaviors of members of certain groups....and about how and why certain attributes go together"

AIIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.01.02Demeaning social groups

Demeaning of social groups to occur when they are when they are “cast as being lower status and less deserving of respect"... discourses, images, and language used to marginalize or oppress a social group... Controlling images include forms of human-animal confusion in image tagging systems

AIIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.01.04Alienating social groups

when an image tagging system does not acknowledge the relevance of someone’s membership in a specific social group to what is depicted in one or more images

AIIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.01.05Denying people the opportunity to self-identify

complex and non-traditional ways in which humans are represented and classified automatically, and often at the cost of autonomy loss... such as categorizing someone who identifies as non-binary into a gendered category they do not belong ... undermines people’s ability to disclose aspects of their identity on their own terms

AIIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.01.06Reifying essentialist categories

algorithmic systems that reify essentialist social categories can be understood as when systems that classify a person’s membership in a social group based on narrow, socially constructed criteria that reinforce perceptions of human difference as inherent, static and seemingly natural... especially likely when ML models or human raters classify a person’s attributes – for instance, their gender, race, or sexual orientation – by making assumptions based on their physical appearance

AIIntentionalPost-deployment
Risk CategoryShelby2023

11.02.00Allocative Harms

"These harms occur when a system withholds information, opportunities, or resources [22] from historically marginalized groups in domains that affect material well-being [146], such as housing [47], employment [201], social services [15, 201], finance [117], education [119], and healthcare [158]."

AIIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.02.01Opportunity loss

Opportunity loss occurs when algorithmic systems enable disparate access to information and resources needed to equitably participate in society, including the withholding of housing through targeting ads based on race [10] and social services along lines of class [84]

AIIntentionalPost-deployment
Risk Sub-CategoryShelby2023

11.02.02Economic loss

Financial harms [52, 160] co-produced through algorithmic systems, especially as they relate to lived experiences of poverty and economic inequality... demonetization algorithms that parse content titles, metadata, and text, and it may penalize words with multiple meanings [51, 81], disproportionately impacting queer, trans, and creators of color [81]. Differential pricing algorithms, where people are systematically shown different prices for the same products, also leads to economic loss [55]. These algorithms may be especially sensitive to feedback loops from existing inequities related to education level, income, and race, as these inequalities are likely reflected in the criteria algorithms use to make decisions [22, 163].

AIIntentionalPost-deployment

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