The Principle of Transparency in the Context of Legal Regulation of Artificial Intelligence Systems

Ukraine continues to develop its own approach to the legal regulation of artificial intelligence, with due regard to the international standards developed to date. One of the objectives of the proposed legal regulation is to ensure it remains balanced and flexible so that it does not hinder further technological developments, while also protecting the rights of individuals who might be affected by AI systems, including data subject rights, insofar as AI systems involve certain personal data processing operations. For these purposes, a theoretical and legal discussion regarding the main aspects of AI regulation at the European Union level — currently the leading authority in this field — is important. Its risk-based regulatory framework and existing transparency requirements should be properly considered in Ukraine, especially in light of Ukraine’s commitment to implement the EU acquis in accordance with the EU-Ukraine Association Agreement.The discourse on AI regulation in the EU and beyond demonstrates that AI technologies—their development and subsequent use—must be transparent, with transparency often construed broadly. Notably, transparency itself is an important safeguard against AI-related abuses and a prerequisite for implementing other key principles of AI regulation, particularly accountability and responsibility on the part of AI system developers and deployers. At the same time, transparency is a complex requirement, and its application requires consideration of the peculiarities of AI technology itself and existing legislative limitations, including those relating to personal data protection and the protection of intellectual property rights.The article explores the prerequisites for the emergence of the transparency requirement for AI systems, confirms the importance of transparency in the context of AI regulation, and examines the theoretical and legal aspects of this principle and its transformation into regulatory requirements at the EU level.