Ethics and Bias

How unfairness gets into AI systems, what the best-known cases actually showed, why “fair” can mean several incompatible things, and who should answer when an automated decision goes wrong.

Imagine two hospital patients with the same chronic conditions, the same blood-test results and the same doctor. A computer program gives one of them a higher “risk score”, and only that patient is invited into a programme with extra nurse visits. Nobody programmed the computer to prefer anyone. It simply learnt from years of real records — and the records carried a pattern from the world that the people who built it had not noticed. This is not a thought experiment: something very like it was found in a widely used American health algorithm in 2019. This page is about how that happens, why it is harder to fix than it sounds, and who is responsible.

Where bias comes from

In everyday speech “bias” means prejudice. In AI it has a broader, more technical meaning: bias is a systematic pattern in which a system works worse for, or decides against, some group of people. It rarely comes from a programmer’s ill will. It usually enters quietly at one of four stages. Tap each tile.

The everyday, user-level version of this story — how bias shows up in chatbots and image generators, and the Gender Shades and Amazon recruiting cases — is told in What AI Gets Wrong. In brief: in 2018 Joy Buolamwini and Timnit Gebru found that commercial gender-classification systems erred on up to about 35% of darker-skinned women but under 1% of lighter-skinned men. That was mainly a data problem. The two cases below are subtler, because they are mainly about labels and definitions.

Two cases, accurately told

A health algorithm that used cost as a stand-in for need. In October 2019 Ziad Obermeyer, Brian Powers, Christine Vogeli and Sendhil Mullainathan published a study in Science of a commercial algorithm used by US health systems to decide which patients should get extra care-management support. The algorithm predicted each patient’s future health costs and treated high predicted cost as high need. But less money had historically been spent on Black patients than on equally sick White patients — for reasons including unequal access to care. So at the same risk score, Black patients were considerably sicker. Cost was a proxy variable, and a biased one. The authors estimated that correcting the disparity would raise the share of Black patients flagged for extra help from 17.7% to 46.5%. Importantly, the algorithm did not use race at all; the bias came entirely through the label. The researchers shared their findings with the manufacturer, and their experiments with a label based on health rather than cost removed much of the gap.

Consensus The lesson that researchers across the field draw from this case is that removing a sensitive attribute such as race or gender from the inputs does not make a model fair. Other variables — a postcode, a school, a spending history — can carry the same information.

COMPAS and the argument about what “fair” means. COMPAS is a commercial tool used in some US courts to estimate how likely a defendant is to reoffend. In May 2016 the newsroom ProPublica published “Machine Bias”, an analysis of scores for thousands of people arrested in Broward County, Florida. It found that among defendants who did not go on to reoffend within two years, Black defendants were nearly twice as likely as White defendants to have been labelled higher risk (about 45% against 23%). Among those who did reoffend, White defendants were more often labelled low risk (about 48% against 28%).

The company behind COMPAS, then called Northpointe, replied that the tool was fair: a given score meant roughly the same chance of reoffending whatever the defendant’s race, and its overall accuracy (around 60%) was similar for both groups. ProPublica did not dispute those figures. Both sides were measuring something real. They disagreed about which kind of fairness mattered — and, as researchers showed within months, the two kinds could not both be satisfied.

Why fairness definitions conflict

There are many mathematical fairness metrics. Two of the most intuitive are:

Here is a small worked example with invented numbers. Two groups of 100 people each. In group A, 50 people will reoffend; in group B, 20 will. (The groups differ in their recorded base rates — and in real data those rates may themselves reflect unequal policing.) The tool flags people so that, in both groups, 60% of those flagged do reoffend.

Group A (50 of 100 reoffend)Group B (20 of 100 reoffend)
People flagged “high risk”60 (36 reoffend, 24 do not)20 (12 reoffend, 8 do not)
Share of flags that were right36 ÷ 60 = 60%12 ÷ 20 = 60%
Non-reoffenders wrongly flagged24 of 50 = 48%8 of 80 = 10%

By the first standard, the tool is perfectly fair: a flag means 60% in both groups. By the second, it is badly unfair: an innocent member of group A is almost five times as likely to be wrongly flagged as an innocent member of group B. Try to equalise the wrong-flag rates and the meaning of a flag will drift apart. In 2016–2017 Jon Kleinberg, Sendhil Mullainathan and Manish Raghavan, and separately Alexandra Chouldechova, proved that this is not an accident of one tool: whenever groups differ in their base rates and prediction is imperfect, you cannot satisfy both standards at once.

Key point

Choosing a fairness metric is a moral and political choice, not a technical detail. Mathematics can tell you which goals are compatible; it cannot tell you which to prefer. That choice belongs with the people affected and those accountable to them.

Debated Which standard should win depends on the setting, and serious people disagree.

Other views
  • Error-rate fairness first: civil-rights advocates and many legal scholars argue that when liberty is at stake, the burden of mistakes must not fall more heavily on one group, whatever the score means on average.
  • Calibration first: many statisticians and tool developers argue that a score which means different things for different groups is itself discriminatory, and that decision-makers need scores they can interpret consistently.
  • Question the task: other researchers argue the deeper problem is the label — recorded arrests are not the same as crime — and that some decisions should not be automated or scored at all.

Transparency and explainability

If a bank’s system refuses your loan, you will want to know why. Explainability is the ability to give a person an understandable account of how a decision was reached. It matters for three different people: the affected person, who needs reasons to challenge a mistake; the operator, who needs to know when not to trust the tool; and the auditor or regulator, who needs to check the whole system.

Simple models — a short checklist, a small decision tree — can be explained directly. Large neural networks, including the large language models behind chatbots, cannot: their behaviour is spread across billions of numbers. Tools that estimate which inputs mattered most are approximations and can mislead. When a chatbot gives a fluent “explanation” of its own answer, that explanation is itself generated text, not a reliable window into how the answer was produced.

Debated Some researchers, notably Cynthia Rudin, argue that high-stakes decisions about people should use models interpretable by design; others reply that this can cost real accuracy and that well-tested black boxes with strong auditing can be acceptable.

Transparency is wider than explainability. It includes simply telling people that an automated system is involved, publishing what it is for, what data it uses and how it was tested, and saying where to appeal. Laws are starting to require this: the European Union’s AI Act, for example, gives people affected by certain high-risk AI decisions a right to an explanation of the system’s role As of 2026. The wider legal picture is on Regulating AI.

Accountability: who is responsible?

When an AI-assisted decision harms someone, responsibility can seem to dissolve: the developer says the client misused the tool, the client says the tool was certified, the officer says the computer decided. Ethicists call this the “many hands” problem. A useful habit is to ask four questions:

  1. Who built it?Developers are responsible for testing the system on the people it will be used on, documenting its limits and fixing known failures.
  2. Who chose to use it, and for what?The deploying organisation chose the task, the threshold and the setting. Using a tool outside its tested purpose is that organisation’s decision.
  3. Who reviews its outputs?A human in the loop only helps if that person has the time, training and authority to disagree. Studies of automation bias show people tend to defer to machine recommendations, so a nominal check can become a rubber stamp.
  4. How can an affected person complain?Without a route to appeal and a named person who can reverse a decision, nobody is truly accountable.

A sobering example comes from the Netherlands. In the childcare-benefits scandal that led the Dutch government to resign in January 2021, the tax authority’s fraud-risk system treated non-Dutch nationality as a risk factor, and thousands of families were wrongly pursued for repayment. The algorithm was only one part of a wider failure of process, oversight and appeal — which is exactly the point: accountability is a property of the whole system, not of the code.

Three major ethics frameworks

Since the late 2010s, hundreds of AI ethics guidelines have been published. Three matter most for a Malaysian reader. Open each card.

OECDOECD AI PrinciplesAdopted 2019, updated 2024

The first intergovernmental standard on AI, adopted in May 2019 and updated in May 2024 to take account of generative AI. It sets five values-based principles — inclusive growth and well-being; human rights and democratic values, including fairness and privacy; transparency and explainability; robustness, security and safety; and accountability — plus five recommendations to governments. It has 47 adherents, including all OECD members and several non-members As of 2026. Its definition of an “AI system” has been widely reused, including by the EU.

UNUNESCO Recommendation on the Ethics of AINovember 2021, 193 member states

Adopted by all 193 UNESCO member states in November 2021, it is the first global standard on AI ethics. It is not legally binding, but it is broader than most frameworks: alongside principles such as fairness, transparency and human oversight, it has policy chapters on gender, the environment, education, culture and labour, and it encourages countries to carry out “readiness assessments” of their own AI governance.

MYMalaysia’s National Guidelines on AI Governance and EthicsMOSTI, September 2024

Launched by the Ministry of Science, Technology and Innovation (MOSTI) in September 2024, these voluntary guidelines (often shortened to AIGE) set out seven principles: fairness; reliability, safety and control; privacy and security; inclusiveness; transparency; accountability; and the pursuit of human benefit and happiness. They give separate guidance for three groups — the public as users, policymakers and government agencies, and developers and technology providers. They are guidance, not law As of 2026; Malaysia’s wider governance plans are on AI in Malaysia.

This guide’s framing The frameworks agree remarkably closely on what they value — fairness, transparency, safety, privacy, accountability, human benefit. Where they differ, and where most of the real argument now lies, is how to turn principles into practice: who audits, what counts as enough testing, and what happens when a principle is broken.

Try it: a realistic dilemma

A state welfare agency receives far more aid applications than its officers can check by hand. A vendor offers a model that flags applications likely to contain errors or fraud for a closer look. In a trial, it finds twice as many genuine problems as random checks. But applicants from rural districts are flagged at nearly twice the rate of urban applicants, partly because their documents are more often incomplete.

The question

Should the agency use the model?

Choose one to hear its case.

Notice that none of the options is purely technical. Each is a judgement about whose errors matter most — which is the lesson of COMPAS in a different setting.

// Pause and reflect

  1. Think of an automated decision that affects you — a credit check, a job-application filter, a content feed. Which of the four stages (data, labels, design, use) would you most want to ask about?
  2. In the welfare dilemma, which kind of mistake would you rather the system made more often: missing real fraud, or wrongly suspecting honest applicants? Why?
  3. If you were affected by a wrong decision, who would you know to contact?

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Sources & further reading