FPF Responds to the OMB’s Request for Information on Responsible Artificial Intelligence Procurement in Government
On April 29, the Future of Privacy Forum submitted comments to the Office of Management and Budget (OMB) in response to the agency’s Request for Information (RFI) regarding responsible procurement of artificial intelligence (AI) in government, particularly regarding the intersection of AI tools and systems procurement with other risks posed by the development and use of AI tools and other emerging technologies. The OMB issued the RFI pursuant to the White House’s Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.
“Federal agencies are responsible for ensuring that their use of AI and generative AI tools and systems aligns with legal and regulatory standards. By establishing clear guidelines for AI procurement, OMB has a material opportunity to address and mitigate potential risks to personal data that some AI tools and systems may pose, either through design or use. In addition, as one of the largest purchasers of AI tools and systems, the U.S. government procurement policies around AI can become potent drivers for privacy, transparency, and equitable outcomes.“
– Anne J. Flanagan, FPF Vice President for Artificial Intelligence
FPF raised the importance of contractual responsibilities, existing data protection regulations, and equitable outcomes. Given these considerations, key recommendations included:
- OMB should ensure that contractual responsibilities and requirements for transparency, testing, evaluation, and impact assessments in procured AI systems are based on clear definitions and roles, taking into account the risk profile of the AI system;
- OMB should ensure that agencies procure AI systems or services that meet the existing data protection standards that apply to federal agencies when they handle personal data; and
- OMB should ensure that agencies procure AI systems or services that support, rather than undermine equitable outcomes by requiring agencies to analyze the particular risks these systems may pose to people, especially marginalized individuals and communities.
The comments underscored FPF’s long-standing work around AI and generative AI tools and systems, including FPF’s Best Practices for AI and Workplace Assessment Technologies and Unfairness by Algorithm: Distilling the Harms of Automated Decision-Making.
Read our full comments to the OMB on responsible AI procurement in the government.
