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ForHumanity Certified Auditors (FHCA) Code of Ethics

Authors Joshua Bucheli

License CC-BY-NC-ND-4.0

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FORHUMANITY CERTIFIED
   AUDITORS (FHCA)
   CODE OF ETHICS

     AUTHORED BY THE FORHUMANITY ETHICS COMMITTEE
                         CHAIRED BY JOSHUA BUCHELI




ForHumanity, a 501(c)(3) public Charity   https://forhumanity.center CC 4.0 BY-ND-NC
                                               Table of Contents

PREAMBLE: -                                                                                               Pg. 3-5
     What is a Code of Ethics and what is this Code of Ethics for?
       What are ForHumanity Certified Auditors?
       FHCAs shall uphold, at all times, ForHumanity’s principles and values
       when carrying out their work
       With respect to this Code, ForHumanity shall


  1. Using The Code to Make Ethical Choices -                                                              Pg. 5
    1.1 Establishing a Moral Framework for ForHumanity Certified Auditors -                                Pg. 6
      1.1.1 Who relies upon this Code of Ethics and Professional Conduct? -                                Pg. 6
      1.1.2 Why is this Code necessary? -                                                                  Pg. 7
      1.1.3 Why are there risks of unethical behaviour? -                                                  Pg. 7
      1.1.4 Are FHCAs under scrutiny? -                                                                    Pg. 7
      1.1.5 Are FHCAs subject to influence that might be against this Code? -                              Pg. 8
     1.2 What is an Ethical Choice? -                                                                      Pg. 8
     1.3 Approaching Ethical Choices: SCIAR -                                                              Pg. 9
     1.4 Reporting -                                                                                        Pg. 9
           When?
           How?
     1.5 Reporting requirements FHCAs -                                                                    Pg.10


   2. General Ethical Principles/Shared Moral Framework -                                                 Pg. 11
     2.1 For Humanity -                                                                                   Pg. 11
     2.2 Trust -                                                                                          Pg. 12
     2.3 Independence & Objectivity -                                                                     Pg. 13
     2.4 Confidentiality & Privacy -                                                                      Pg. 14
     2.5 Professionalism -                                                                                Pg. 15

   3. Inappropriate behaviour for FHCAs -                                                                 Pg. 16

   4. Relevant Legal Frameworks -                                                                         Pg. 17
     4.1 Human Rights -                                                                                   Pg. 18
     4.2 Equality/Anti-Discrimination Related Laws, Frameworks, and
         Regulations -                                                                                     Pg.19
     4.3 Access to Goods and Services Related Laws, Frameworks,
         and Regulations -                                                       Pg. 19
     4.4 Child Related Laws, Frameworks, and Regulations -                        Pg. 19
     4.5 Laws, Frameworks, and Regulations on the Use and Application of Artificial
         Intelligence, Algorithmic, and Autonomous Systems -                     Pg. 19

               ForHumanity, a 501(c)(3) public Charity   1   https://forhumanity.center CC 4.0 BY-ND-NC
    4.6 Other Relevant Risks Associated With Independent Auditing -            Pg. 20
      4.6.1 Confidentiality/Privacy Laws, Frameworks, and Regulations -        Pg. 20
      4.6.2 Intellectual Property Laws, Frameworks, and Regulations -           Pg. 20
      4.6.3 Personal gain/bribery Laws, Frameworks, and Regulations, OFAC, Anti-
            money laundering, or otherwise prohibited entity dealings -        Pg. 20
      4.6.4 Record and documentary evidence retention -                        Pg. 20
    4.7 Further Resources for FHCAs (to be consulted whenever applicable): -   Pg. 21

  5. Compliance with the Code: -                                                                             Pg. 21
    5.1 Revocation: -                                                                                        Pg. 21
    5.2 Violating the Shared Moral Framework: -                                                              Pg. 21
    5.3 Violating Relevant Legal Frameworks: -                                                               Pg. 22
    5.4 Your Point of Contact - ForHumanity’s Ethics Committee -                                             Pg. 22
    5.5 Sanctions available to the Ethics Committee and/or Board of Directors -                              Pg. 23
    5.6 Auditors certified according to ForHumanity’s certification schemes
        outside of ForHumanity: -                                                                           Pg. 24

APPENDIX -                                                                                                  Pg. 25

  - Definitions -                                                                                         Pg. 25-26

  - Examples of potential ethical choices that FHCAs may face: -                                          Pg. 27-31

  - Examples of Relevant Legal Frameworks
    (Section 4 in the Code of Ethics): -                                       Pg. 31-33
    - (4.1) Human Rights
     - (4.2) Equality/Anti-Discrimination Related Laws, Frameworks, and Regulations
     - (4.3) Access to Goods and Services Related Laws, Frameworks, and Regulations
     - (4.4) International Auditing Laws, Frameworks, and Regulations
     - (4.5) Child Related Laws, Frameworks, and Regulations
     - (4.6) Laws, Frameworks, and Regulations on the Use and Application of Artificial
             Intelligence, Algorithmic, and Autonomous Systems
     - (4.7) Other Relevant Risks Associated With Independent Auditing
        - (4.7.1) Confidentiality/Privacy Laws, Frameworks, and Regulations
        - (4.7.2) Intellectual Property Laws, Frameworks, and Regulations
        - (4.7.3) Personal gain/bribery Laws, Frameworks, and Regulations, OFAC, Anti-
                 money laundering, or otherwise prohibited entity dealings
     - (4.8) Further Resources for FHCAs (to be consulted whenever applicable):




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 ForHumanity Certified Auditors (FHCAs)

Code of Ethics
     Preamble What is a Code of Ethics and what is this
                                   Code of Ethics for?
                                   The Code of Ethics* is both a commitment that For Humanity
                                   Certified Auditors (FHCAs) must agree to and a guide that FHCAs can
                                   and should turn to when confronted with instances of Ethical Choice
                                   (see section 1.2).

                                   The Code sets out ForHumanity's shared moral framework** (i.e. its
                                   values and principles) and the associated standards of responsible and
                                   professional conduct for FHCAs, encompassing due consideration of
                                   Relevant Legal Frameworks (see section 4) and relevant risks to:
                                       human rights
                                       equality
                                       anti-discrimination
                                       access to goods and services
                                       other issues associated with the independent auditing of AI,
                                       algorithmic, and autonomous systems.

                                   The Code is drafted and kept up to date by the ForHumanity Ethics
                                   Committee (see section 5.4). It is a 'living' document that will be
                                   updated annually and any comments, feedback, or constructive
                                   criticisms are therefore welcome.

                                   Any questions or feedback regarding this Code can be directed to
                                   ForHumanity's Ethics Committee at
                                   ethicscommittee@forhumanity.center




*Terms that are Capitalised and Bolded are terms with an official, agreed upon definition within ForHumanity. See the ‘Definitions’ section in the appendix.
** Terms that are bolded in lowercase are key terms with particular relevance to the Code.

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     Preamble What are ForHumanity Certified Auditors?
                                   ForHumanity Certified Auditors (FHCAs) are certified
                                   practitioners who have completed the necessary training to be
                                   considered qualified to audit companies for compliance with
                                   designated ForHumanity certification schemes or to provide
                                   certification schemes for data Processors, Controllers and Joint
                                   Controllers (Auditees). These schemes may be applied to one or
                                   more specific Personal Data processing activities that involve AI,
                                   algorithmic, or autonomous systems in both pre-audit compliance
                                   preparation and final independent audit assurance.

                                   FHCAs exist, first and foremost, to help ensure that an
                                   infrastructure of trust surrounds the use of AI, algorithmic, and
                                   autonomous systems - for the public. FHCAs ensure compliance
                                   with ForHumanity audit criteria that represent government
                                   approved certification schemes encompassing the law or human
                                   centric, ethical audit criteria representing best practice.

                                   Auditing is an integral part of ForHumanity’s mission, and FHCAs
                                   must commit to upholding ForHumanity’s shared moral framework
                                   (see section 2), as outlined in this Code of Ethics as well as the
                                   FHCA Code of Professional Conduct.

                                   FHCAs shall* uphold, at all times, ForHumanity’s principles
                                   and values when carrying out their work:

                                      1. They shall recognise and honour their duty to act in the best
                                         interests of society, the public, and humanity
                                      2. They shall conduct themselves in a professional and
                                         trustworthy manner and act with integrity, objectivity, and
                                         due consideration for privacy and confidentiality
                                      3. They shall be knowledgeable about and abide by all Relevant
                                         Legal Frameworks as they relate to Certification Schemes and
                                         the professional conduct for which they are certified
                                         including, but not limited to those laid out in this Code




* ForHumanity abides by ISO standards for the use of Shall/Should/May. Shall is the equivalent of a ‘Must’ statement and means ‘required to’



                                    ForHumanity, a 501(c)(3) public Charity   4           https://forhumanity.center CC 4.0 BY-ND-NC
Preamble   With respect to this Code, ForHumanity shall:

              1. Ensure that this Code is overseen and kept up to date by the
                 Ethics Committee
              2. Ensure that the Ethics Committee subjects this Code and the
                 values and practices contained herein to an annual review or
                 reconfirmation
              3. Publish this Code in the FHCA Handbook.
              4. Make this Code publicly available on its website
                 https://forhumanity.center/FHCAcodeofethics
              5. Make newly certified FHCAs aware that the Code can be
                 found in the FHCA Handbook.
                   a. FHCAs shall annually reaffirm their commitment to the
                      Code of Ethics and Professional Conduct with consecutive
                      quarterly quizzes designed to cover the Code
              6. Conduct yearly training sessions (Continuing Education) for
                 FHCAs on complying with this Code and on how to use it in
                 their daily work.




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1. Using the Code to Make Ethical Choices

   This Code serves as a guide for sound ethical decision-making
   providing FHCAs with the boundaries within which they should
   operate and the tools with which to navigate ethically pertinent
   situations.

       1.1     Establishing a Moral Framework for FHCAs

         1.1.1 Who relies upon this Code?
                   There are five primary parties who rely on the Code:

                   1) FHCAs and their employers: FHCAs will rely on this Code and
                   the moral framework set out within it to guide their professional
                   conduct. Auditing automated systems on behalf of FH requires
                   adherence to the audit scheme in question and to ForHumanity’s
                   wider moral framework.

                   2) FHCAs and their employees: While under the management of
                   FCHAs, individuals may not themselves be held to this Code,
                   however, FHCAs must ensure that their employees or trainees are
                   abiding by it as a part of their own responsibility to this Code.

                   3) Auditees (receivers of the FHCA’s service): Auditees rely on
                   the existence of this Code in order to trust that FHCAs will behave
                   according to the standards contained herein.

                   4) ForHumanity: ForHumanity relies on the moral framework set
                   out in this Code in order to be satisfied that FHCAs, as its
                   representatives, are upholding and advancing its mission, vision,
                   principles, and values.

                   5) Humanity (Public): Humanity (sometimes referred to as “the
                   public”) must be able to rely on this Code in order to have trust that
                   certifications issued by FHCAs are compliant with the Code, and
                   therefore ethically applied, trustworthy, thorough, consistent,
                   professionally conducted, timely, and complete.




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1.1.2 Why is this Code Necessary?
          The Code is necessary because FHCAs will encounter people and
          entities who will not share this Code of Ethics and Professional
          Conduct. It serves as a reminder to the FHCA of the shared moral
          framework that we collectively choose to abide by. Outwardly, we as
          professionals disclose this Code of Ethics and the Code of
          Professional Conduct to transparently communicate our shared
          moral framework so that others can rely and count upon our
          actions and responses.

1.1.3 Why are there risks of unethical behaviour?
          FHCAs carry a considerable degree of responsibility. They are
          granted access to sensitive information, their audit decisions have
          considerable impacts on auditees and on humanity more broadly, and
          their work reflects on ForHumanity. Unethical behavior on their part
          can have substantial consequences for a wide range of stakeholders
          in a wide variety of ways. (see appendix for examples)

          Tensions exist between FHCAs and auditees. FHCAs perform
          services over auditees to whom they owe a duty of care and
          contractual obligation. However, the role of an independent auditor
          balances that contractual obligation with a higher authority to the
          public to provide fair and accurate assurance of compliance.

          Natural tension is rooted in the roles, responsibilities, contractual
          and moral obligations of FHCAs and may increase the risk of
          coercion and misconduct. The work of FHCA’s is important and may
          have far-reaching consequences that impact individuals and
          organizations. This may result in a temptation to behave improperly.

          It is vital that FHCAs operate strictly in accordance with the Code,
          which equips them with the appropriate guidance and transparent
          moral framework to contend with ethical choices (see appendix for
          examples).

1.1.4 Are FHCAs under scrutiny?
          The nature of the work of an FHCA is to be under scrutiny. They are
          certified practitioners - that is a high standard. They are required
          to uphold this Code of Ethics and the Code of Professional Conduct
          - these are high standards. The work performed by an FHCA
          impacts the organisations they audit, the entities who employ them,
          the regulators and governments who accredit them, and the public
          which relies upon their certifications.



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          Artificial Intelligence, algorithmic, and autonomous systems and the
          processing of Personal Data have proven to have substantial impacts
          on the rights and freedoms of all people. The governance,
          accountability, and oversight of these systems is critical, and
          asserted compliance may become available for review by many
          authorities or the public.

 1.1.5 Are FHCAs subject to influence that might be in
          violation of this code?
          Artificial Intelligence, algorithmic, and autonomous systems and the
          processing of Personal Data are ubiquitous. These systems are
          high-stakes operations for myriad stakeholders. Some of these
          stakeholders may not share or recognise the moral framework that
          FHCAs abide by, and furthermore their interests (e.g. monetary,
          reputational) may be in direct conflict with the decisions rendered by
          an FHCA. FHCAs must recognise that, due to the substantial fines
          and risk associated with non-compliance, being certified compliant is
          of considerable financial value to auditees.

          Auditees may attempt to pressure auditors into making false
          assertions of audit compliance. It is also conceivable that third
          parties with interests counter to those of the auditee may attempt
          to pressure auditors into making false assertions of non-compliance
          (see appendix for further examples). An FHCA must not assert
          compliance where it has not been achieved or assert non-compliance
          when compliance requirements have been met. The FHCA shall report
          instances of coercion and misconduct to their organisation’s
          compliance team in addition to the ForHumanity Ethics
          Committee.

1.2    What is an Ethical Choice?
       ForHumanity defines an Ethical Choice as “awareness of a set of
       options to be made [...], using a set of principles and rules concerning
       moral obligations and regards for the rights of humans and for nature,
       which may be specified by a given profession or group. The result,
       outcome or judgment is made using a shared moral framework, or
       set of moral principles based upon the entity’s Code of Ethics.”




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          1.3   Approaching Ethical Choices: SCIAR
                When faced with an instance of ethical choice, FHCAs are advised to
                follow these steps as a rule of thumb:

                   1. Stop: Trust your gut. If a situation makes you feel uneasy, stop.
                       Take the time to consider the options at hand before making a
                       decision.
                  2. Consider: Do any available options conflict with ForHumanity’s
                       values as they are laid out in this Code? Which of the available
                       options adheres most to ForHumanity’s principles and values (see
                       section 2)?
Don't forget      3. Inquire: Do not hesitate to consult supervisors and managers
to SCIAR!              (employer or client-side), the FHCA community, this Code, the
                       audit criteria, or ForHumanity’s Body of Knowledge (BoK) for
                       guidance when faced with an ethically complicated decision.
                  4. Act: Once you have made a decision, act accordingly, but
                       thoroughly document the ethical reasoning that led you to your
                       decision.
                  5. Reflect: Reflect on your reasoning and the outcome of your
                       decision with hindsight so that you can factor any lessons learned
                       into future decisions.

         1.4    Reporting
                Both the ForHumanity Ethics Committee and the Ethics
                Committee/Officer of the FHCAs organisation shall be made aware of
                incidents that may violate or contravene the Code of Ethics or the
                Code of Professional Conduct:

                When?
                  Coercion
                  Conflicts of interest, e.g.;
                      FHCA having any financial transactions (in nature of loans,
                      holding of shares or other financial interest) in the entity that
                      they are auditing
                      FHCA has recently served as a director or officer, or employee
                      of an entity which intends to appoint FHCA as the auditor
                  Data breach at FHCA end resulting in exposure to data and
                  confidential information of the audit entity
                  Any other situation in which the SCIAR approach (Section 1.1)
                  insufficiently reassures an FHCA that their ethical choice is sound.



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         How?
           FHCAs shall inform the Ethics Committee by using the reporting
           form provided on the ForHumanity Website or by sending an email
           directly to ethicscommittee@forhumanity.center with specific
           details of the incident in question.
           The details shall include the context, relevant information, and
           ethical dilemma for which the FHCA requires input.

         Audit and pre-audit entities employing FHCAs should have procedures
         in place for disclosures of conflicts of interest before engagements
         are initiated. Failure to disclose a conflict of interest may be
         punishable by the suspension or revocation of the FHCA credential.
         Conflicts of interest are subject to the Relevant Legal Frameworks.
         Entities will be required to report failures to disclose conflict of
         interest or other violation of the Code to ForHumanity. Audit and pre-
         audit entities employing FHCAs should have a process for reporting
         auditees engaging in fraud, malfeasance, intimidation or coercion.

1.5      Reporting Requirements for FHCAs
 1.5.1        Depending on the jurisdiction in question, an FHCA may have a
              mandatory reporting requirement to Regulatory Authorities for
              intentional acts to subvert or circumvent compliance with “SHALL”
              criteria in Audit Certification.

 1.5.2        FHCAs shall report instances of coercion and misconduct from an
              Auditee or Pre-Audit Service client to a compliance officer in their
              firm.

 1.5.3        FHCAs shall report instances of willful misconduct by another FHCA
              providing services contractually dependent upon ForHumanity
              intellectual property to the ForHumanity Ethics Committee and
              their firm’s compliance officer.

 1.5.4        FHCAs whose firms fail to provide adequate compliance support and
              infrastructure to meet the requirements of the ForHumanity
              License Agreement, the responsibilities of an FHCA or the
              requirements of an Accreditation Body shall make every attempt to
              rectify the situation for the firm. If reasonable efforts fail, then the
              FHCA may bring the matter to the attention of the Ethics
              Committee at ForHumanity and should review their responsibilities
              to the Accreditation Body.




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         1.5.5        FHCAs shall report instances of ethical choice which they are unable
                      to resolve through the consultation of this Code either to
                      ForHumanity’s Ethics Committee directly (via email or the form
                      provided on the ForHumanity Website) or to the Ethics Committee
                      of the firm which employs them.




2. General Ethical Principles/Shared Moral
Framework

   As independent auditors, FHCAs must be knowledgeable about and
   act in accordance with the FH moral framework (i.e. the normative
   values and principles by which all of ForHumanity’s efforts and
   activities ought to be motivated). The following section outlines five
   such principles which are particularly relevant to auditors certified by
   ForHumanity, and the responsibilities FHCAs carry accordingly.

       2.1       For Humanity
                 Everything that ForHumanity does, it strives to do with the interests of
                 humanity in mind. FHCAs shall recognise that their first and foremost
                 duty is to the public and to humanity more generally. FHCAs shall
                 therefore act in accordance with this duty and shall uphold the interests
                 of humanity above all else. This includes ensuring that their services as
                 independent auditors are made accessible to as wide a range of
                 stakeholders as possible.

                 FHCAs Responsibility
                 The audit process allows for precision and absolute compliance.
                 However, these are complex and intricate goals that are open to
                 occasional error despite best intentions.
                    Understand how the work of FHCAs impacts the interests of
                    humanity and its constituents
                    Make decisions in the interests of ForHumanity’s mission even
                    when these interests conflict with those of the entities being
                    audited




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             Challenge anything that you deem to be in contravention of this
             duty (be it an audit decision you see someone else making, an
             assertion by an audited entity, employer, or authority, or any other
             action)
             Welcome challenges by others as a way to potentially refine and
             improve your own decision making with respect to the interests of
             humanity
             Promote a culture of humility, support, charity and clarity
                 Welcome support, critique and dialogue from others with the
                 principle of charity in mind (charitable interpretation).
                 When mistakes occur, our community aims to help and correct
                 constructively, assuming positive intentions until proven
                 otherwise.
                 Agree to corrections and clarity willingly and in good faith to
                 support and defend the interests of humanity.
             Ensure fair pricing strategies to make sure that access to
             independent auditing services is as widespread as possible.

       Always Ask Yourself
          Are the decisions you are making in the best interest of humanity?
          Are you prepared to act against the interests of your
          employer/client if that is what your duty demands in a situation?
          Are you ready to challenge something that you feel is not in the
          best interests of humanity?
          Are you prepared to accept challenges by others with the patience
          and due respect that you would expect from them?
          Are you interpreting your challenger’s arguments in the most
          rational way possible and are you considering their strongest
          interpretation?
          How are the audit decisions you are making going to impact
          humans?
          Are you doing what you can to make sure independent auditing
          services are reasonably and sufficiently accessible?

2.2   Trust
      As outlined in the Preamble of this Code, ForHumanity’s primary aim is
      to establish an infrastructure of trust around deployment of AI,
      algorithmic, and autonomous systems. Trust is a foundational principle
      in ForHumanity’s shared moral framework. FHCAs play a fundamental
      role in advancing this principle. As certified practitioners, FHCAs must
      maintain the utmost standards of trustworthiness. FHCAs shall act with
      integrity and consciously keep ForHumanity’s ethical principles and
      values in mind whenever conducting their work, basing all of their
      decisions and actions accordingly.


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      FHCAs Responsibility
         Be honest and transparent in your audit decisions, assessments,
         reports, and all other FHCA related matters
         Represent ForHumanity and make auditing decisions accurately
         Act with integrity and remain consistent in the upholding of
         ForHumanity’s values, but do not neglect your own principles and
         values
         Be open and voice concerns about any conflicts that you feel are
         arising between your own principles and those of ForHumanity or of
         an entity you are auditing
         Review, understand, and comply with all Relevant Legal
         Frameworks pertaining to bribery, intellectual property, fraud,
         collusion, material non-public information or deception (see section
         4 and appendix)
         Report dubious conduct and situations you deem to be unethical or
         illegal to relevant authorities (e.g. supervisors, Ethics Officers,
         certifying or accrediting bodies, ForHumanity’s Ethics Committee
         etc. (see section 1.4))
         Document and explain these judgment calls, as well as any other
         decision made in an FHCA capacity when asked to do so.

      Always Ask Yourself
         Are you confident that you would be able to explain and defend
         your audit decisions soundly?
         Are you confident that your audit decisions, assessments, and
         reports are accurate?
         Do your own principles and values pull you in a different direction
         than those of ForHumanity and are you prepared to voice such
         concerns and opinions?
         Are you confident in your ability to weigh up trade offs to make
         decisions?

2.3   Independece & Objectivity
      Independent auditing plays a crucial role in establishing and maintaining
      an infrastructure of trust. The titular principle behind independent
      auditing (‘independence’) is therefore one of the foundations upon
      which ForHumanity is built. As the individuals entrusted with the
      implementation of these audits, FHCAs shall uphold this principle of
      independence at all times, maintaining the highest possible degree of
      objectivity and impartiality when conducting their work.




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      FHCAs Responsibility
         Approach audit decisions objectively - do not allow personal
         sentiments, emotions, or interests to cloud your judgment
         Be prepared to sacrifice business relationships, if an entity engages
         in coercion or undue influence over an audit decision. Report
         instances of undue influence or coercion to your entity’s compliance
         officer and to ForHumanity’s Ethics Committee
         Be prepared to notify relevant parties in a timely manner if personal
         sentiments, emotions, or interests represent a conflict of interest
         (see section 1.4)
         Be prepared to prioritise the independence of an audit over your
         personal financial security
         Do not engage in any business activity that violates the rule of
         independence. If auditing an entity, you may not provide any pre-
         audit services of any kind to the same entity. If providing pre-audit
         service, you may not be the auditor for the same entity in the same
         12- month period
         See also the Code of Professional Conduct for examples of how
         mergers, acquisitions and other corporate actions might affect
         Independence

      Always Ask Yourself
         Is    this    decision    being    influenced   by    my      personal
         sentiments/emotions (whether positive or negative) about the
         entity being audited?
         Is this decision being influenced by personal relationships that
         constitute a conflict of interest?
         Is this decision being influenced by your own financial situation?
         Are you receiving any gifts, hospitality, or other extra
         compensation from the entity being audited that could affect the
         independence of your auditing work?

2.4   Confidentiality & Privacy
      Confidentiality and Privacy, like independence and objectivity, are
      foundational principles underpinning the infrastructure of trust that
      ForHumanity is trying to establish. If entities cannot trust that FHCAs
      will handle their information with due care, then ForHumanity’s mission
      and a societal infrastructure of trust is jeopardised. FHCAs must
      recognise that, in doing their work, they will often be entrusted with
      proprietary and private information. They shall respect the privacy of
      the entities that they audit and the confidentiality of their documents
      and disclosures and will take the utmost precautions to maintain the
      security of these documents, insofar as doing so does not conflict with
      their professional and ethical responsibilities as laid out in this Code.


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      FHCAs Responsibility
         Do not make any confidential information available to third parties
         unless mandated by auditing procedures and the Relevant Legal
         Frameworks upon which they are built (see section 4)
         Know when and how audit guidelines require you to reveal
         confidential information including abiding by Relevant Legal
         Frameworks or mandatory reporting requirements
         Be familiar with and adhere to relevant data protection regulations
         and frameworks (see section 4)
         Be familiar with and adhere to relevant intellectual property
         regulations and frameworks (see section 4)
         Be familiar with and implement best practices when it comes to the
         responsible and secure handling of electronic files in the workplace
         Be familiar with and implement best practices when it comes to the
         responsible and secure handling of physical documents in the
         workplace.

      Always Ask Yourself
         Are you accessing or discussing confidential information for
         purposes that are legitimate as per auditing guidelines?
         Do you feel confident that you know when you have a responsibility
         to disclose otherwise confidential information to authorities?
         Are you keeping your work/FHCA related data separate from your
         Personal Data (e.g. are you passing data between your personal
         email or phone and your work email or phone)?
         Does the manner in which you are handling the data of an audited
         entity or ForHumanity put it at risk?

2.5   Professionalism
      While FHCAs have a primary duty to the public and humanity, they also
      have responsibilities toward their employers, the entities that they
      audit, fellow auditors, and ForHumanity. FHCAs shall behave in a
      professional manner whenever conducting their duties and refrain from
      behaviour that would discredit or otherwise harm the integrity or
      reputation of ForHumanity’s mission or that of the independent
      auditing profession.

      FHCAs Responsibility
         Be dutiful and conscientious in your conduct whenever acting in an
         FHCA capacity
         Ensure your professional knowledge is kept up to date on all
         relevant auditing schemes and guidelines and associated Relevant
         Legal Frameworks



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                     Keep accurate records of all auditing related activities and work
                     Make honest assessments of your workload and agree upon
                     reasonable deadlines
                     Maintain agreed-upon deadlines and, where this is not possible,
                     notify the relevant party of the delay in a timely manner
                     Stand by your decisions, be prepared to explain them, and approach
                     challenges courteously
                     Never use confidential or proprietary information for the purpose
                     of personal gain
                     Be knowledgeable about the requirements of disclosure and
                     transparency and ensure all requirements are met
                     Remain current with your education and professional training and
                     certification requirements.

              Always Ask Yourself
                 Could the decision you are about to make impact the reputation of
                 ForHummanity, its mission, or the independent auditing profession?
                 Are you respectful to all those you work with, regardless of their
                 ethnic, sexual, political, economic, religious, or other Protected
                 Category status?
                 Are your records up to date and organised in such a way that you
                 are able to find information should the need arise?
                 Are the deadlines you are agreeing to feasible?
                 Have you notified relevant parties that you will not be able to meet
                 a deadline?
                 Are you using information which your status as an FHCA grants you
                 access to for personal gain?




3. Inappropriate Behaviour For FHCAs

   FHCAs shall comply with the standards set out above as well as with
   the general principle of professional behaviour, which requires that
   FHCAs respect all Relevant Legal Frameworks (see section 4)
   refraining from any behaviour that discredits the independent
   auditing profession or the ForHumanity Center. Any such behaviour
   is in direct contravention of the fundamental principles laid down in
   this Code (see section 2).
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   Inappropriate behaviour when acting in a professional FHCA
   capacity includes but is not limited to (listed in approximate
   order of severity):
     Making false or misleading assertions of compliance (or non-compliance)
     Bribery or extortion
     Any action that is considered illegal in the relevant jurisdiction of FHCA’s operation
     Being found guilty/convicted of any fraud or deception-related offence
     Having a close or dependant family member who is a director or officer of an
     audited entity
     Acting in contravention of ForHumanity’s License Agreement
     Acting on behalf of the entity audited in a capacity of advocate in litigation with
     third parties
     Providing a referral fee to a third party or fellow professional for gaining an entity
     for audit services
     Failure to abide by a contract
     Lobbying for any legislation on behalf of the auditee
     Accepting audit work on a contingent fees model, wherein the fee is dependent on
     unqualified opinion.
     Acting in contravention to the provisions set out in ForHumanity’s Anti-
     Discrimination Policy
     Slurs of gender, ability, race, sexual orientation, national affiliation, or any other
     identity or Protected Category
     Inappropriate or offensive language or images
     Failure to be respectful – anyone found to be mocking or demeaning to entities
     being audited, employees of ForHumanity, Fellows, or Contributors.
     Failure to act in good faith and abide by the principle of charity (charitable
     interpretation) when considering the views and arguments of other parties (e.g.
     entities being audited, employees of ForHumanity, Fellows, or Contributors)
     Failure to deliver on a promised action in a timely manner




4. Relevant Legal Frameworks

   FHCAs will comply with all Relevant Legal Frameworks (including
   but not limited to those laid out in this Code) and shall respect the
   principles and values that underpin them. They must take into
   consideration any risks to said legal frameworks in the carrying out
   of their respective duties.

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What are Relevant Legal Frameworks?: Relevant Legal
Frameworks are any laws, regulations, or standards, which pertain
to or are in some way related to the activities of FHCAs. These can
include human rights, equalities, anti-discrimination, access to goods
and services laws and other laws associated with the independent
auditing of AI, algorithmic, and autonomous systems.

Furthermore, an FHCA is subject to the laws of fraud, deception, fair
dealing, and implied duty of good faith. It is the responsibility of the
FHCA to familiarise themselves with the specific applications of the
jurisdiction within which they operate, especially when that
jurisdiction is not their home or common jurisdiction.

FHCAs shall be aware that different legal frameworks will be
considered relevant depending on the jurisdiction and the audit
scheme under which they are certified and under which they are
carrying out audits. It is their responsibility to familiarise themselves
with what these frameworks are on a case by case basis. FHCAs and
their employers should take care to specify the Relevant Legal
Framework in service contracts, however, the FHCA should also be
aware of the legal impact on data and audits as it relates to Data
Subjects and extraterritoriality.

Below are examples of the most common regulatory frameworks that
FHCAs should be familiar with. FHCAs must keep in mind that the
following list of relevant frameworks is not exhaustive and includes
guidelines and regulations that are not always considered ‘law’ in a
strict sense.

    4.1     Human Rights
            In keeping with ForHumanity’s commitment to acting in the best
            interest of humanity, FHCAs should familiarise themselves with major
            bodies of international human rights laws to better understand the
            ways in which their work may impact these rights. (see appendix for
            examples)



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4.2   Equality/Anti-Discrimination Laws
      Frameworks and Regulations
      Measures aimed at increasing equality and decreasing discrimination
      are important not only when buidling algorithms, but also when acting
      as an independent auditor. As stipulated in section 2.3 of this Code, the
      principle of independence demands a standard of objectivity and
      impartiality from FHCAs. Implicit in this objectivity and impartiality,
      and explicit in ForHumanity’s Anti-Discrimination and Diversity policies
      is the expectation that FHCAs will refrain from any discriminatory
      behaviour and respect at all times any relevant legal or regulatory
      frameworks that define impermissible conduct with respect to
      discrimination. (see appendix for examples)

4.3   Access to Goods and Services Related Laws
      Frameworks and Regulations
      FHCAs will do their utmost to ensure that, in the spirit of their duty to
      the public, access to their auditing services are as widely accessible as
      possible. They will strive to remain knowledgeable about and abide by all
      applicable international and local legal regulations pertaining to fair
      access to goods and services when offering their own independent
      auditing services. (see appendix for examples)

4.4   Child Related Laws Frameworks and
      Regulations
      ForHumanity auditors must recognise that the rights and interests of
      the child/ children differ from those of adults and are addressed by a
      separate set of legal standards. Auditors must take into consideration
      the ways in which the activities of the audited entity in question impact
      the rights and interests of children. (see appendix for examples)

4.5   Laws Frameworks and Regulations on the
      Use and Application of AI, Algorithmic, and
      Autnomous Systems
      As integral contributors to ForHumanity’s mission to establish an
      infrastructure of trust for AI, algorithmic, and autonomous systems,
      FHCAs should familiarise themselves with the general principles and
      content of international and local regulations and frameworks on AI.
      This builds an understanding of the relation between independent
      auditing, the development and implementation of AI systems, and the
      people they affect. (see appendix for examples)

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4.6      Other Relevant Risks Associated With
         Independent Auditing
 4.6.1        Confidentiality/Privacy Laws, Frameworks, and Regulations:
              In their capacity as independent auditors, FHCAs will gain access to
              otherwise private, confidential, sensitive, or proprietary information.
              They must respect all relevant data protection laws and regulations
              dictating proper conduct when interacting with private information.
              (see appendix for examples)

                 General Data Protection Regulation 2016/679 (GDPR)
                    The GDPR is currently the most comprehensive body of
                    international law governing the protection of data and privacy
                    in the EU and the EEA. It is relevant to all auditors, who have
                    a responsibility to uphold the principles of privacy (2.4) and
                    professionalism (2.5) when handling the data of entities being
                    audited.
              FHCAs shall stay up to date with all provisions and amendments
              made therein.

 4.6.2        Intellectual Property Laws, Frameworks, and Regulations:
              The access FHCAs are granted to proprietary information demands
              they be knowledgeable about and respect international and domestic
              regulations concerning the rights and protections afforded to owners
              of intellectual property. (see also 4.1.7.1) (see appendix for examples)

 4.6.3        Personal gain/bribery Laws, Frameworks, and Regulations,
              OFAC, Anti-money laundering, or otherwise prohibited entity
              dealings:
              It is imperative that FHCAs be knowledgeable about and understand
              the consequences mandated by international and domestic
              regulations on bribery and corruption. (see appendix for examples)

 4.6.4        Record and documentary evidence retention:
              An FHCA and their firm shall maintain good and orderly records
              related to Certification Plans, Certification Reports and all related
              documentary evidence associated with audit criteria compliance. The
              length of time these records must be kept will be informed by the
              accreditation service, the ForHumanity License Agreement and
              the Relevant Legal Framework.




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       4.7     Further Resources for FHCAs (to be
               consulted whenever applicable):
                       ForHumanity’s Body of Knowledge Repository
                       ForHumanity’s Diversity Policy
                       ForHumanity’s Anti-Discrimination Policy
                       The ethical requirements of the state in which the audited entity
                       resides, the states in which relevant Data Subjects reside, and of
                       relevant authoritative regulatory bodies such as state board(s) of
                       auditors.




5. Compliance with the Code

   Any FHCA may be excluded or stripped of status as a certified
   practitioner for violations of this Code, subject to appeal to
   ForHumanity’s Executive Director and/or Board of Directors, see
   section 6.4 and section 6.5 for the process of review by the Ethics
   Committee and possible sanctions.

       5.1     Revocation
               FHCAs are governed by the rules contained within the FHCA Code of
               Ethics and the Code of Professional Conduct and risk revocation of
               their FHCA certification if they violate either of these codes.

       5.2     Violating the Shared Moral Framework
               FHCAs are bound by this Code and any and all violations of the
               normative provisions, principles, and values outlined herein (see
               section 2) represent grounds for disciplinary action. The nature of such
               disciplinary action (ranging from verbal warnings to expulsion from
               ForHumanity and loss of certified practitioner status), will depend
               on the severity, frequency, motivation, and adverse consequences of
               the infraction in question. These factors will be ascertained by
               ForHumanity’s Ethics Committee and potentially referred to its
               Board of Directors.




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5.3      Violating Relevant Legal Frameworks
         Any violation of Relevant Legal Frameworks (see section 4) will be
         subject to the consequences laid out in said legal frameworks as well as
         to ForHumanity’s disciplinary processes as they are outlined in this
         Code (section 5.2 and 5.5) and in the Code of Professional Conduct.

5.4      Your Point of Contact - ForHumanity’s
         Ethics Committee
5.4.1        The Ethics Committee is responsible for maintaining this document,
             issuing changes and calling for reviewing and community wide
             consultation.

5.4.2        The Ethics Committee reports to the Board of Directors and will
             consist of no less than two (2) Board Members who are NOT the
             Executive Director. The Executive Director shall not be a member of
             the Ethics Committee. There shall be no less than five (5) members
             on the Ethics Committee.

5.4.3        The Ethics Committee shall be responsible for processing all reports
             from FHCAs (see section 1.4), licensed entities, accreditation bodies,
             regulatory authorities or the public regarding any suggested violation
             of this Code of Ethics and the Code of Professional Conduct

5.4.4        The Ethics Committee shall maintain strict confidentiality amongst
             its proceedings and investigations. Both reports from FHCAs and the
             Ethics Committee shall be made available to the Board of Directors
             when required.

5.4.5        The Ethics Committee shall operate with due process and may call
             for evidence, interviews, and witnesses consistent with the License
             Agreement, this Code of Ethics and the Code of Professional
             Conduct, the rules or by-laws associated with accreditation or other
             regulatory approval of audit certification schemes or any other legal
             responsibility of ForHumanity.

5.4.6        The Ethics Committee shall in its processing of reports determine if
             and when the Board of Directors shall be consulted or had the matter
             referred to it.

5.4.7        The findings of the Ethics Committee will be final if issued from the
             Ethics Committee or, if required by internal procedure, referred to
             the Board of Directors for their approval and dissemination.


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5.4.8        Decisions from the Ethics Committee will be rendered by majority
             rule and a quorum of standing members must vote in person or
             electronically.

5.4.9        The Ethics Committee will conduct its due process in a timely
             manner and all FHCAs will also respond in a timely manner.


5.5      Sanctions available to the Ethics
         Committee and/or Board of Directors
5.5.1        Sanctions may be applied to an individual or licensed entity as noted
             below. This does not represent a mandatory step function. The
             Ethics Committee and/or Board of Directors may levy any sanction
             from the list below commensurate with the severity of the
             misconduct. Any sanction rising to the level of permanence will be
             referred to the boar for confirmation. History, character witnesses,
             and intent may all be considered by the Ethics Committee and/or
             Board of Directors. Sanctions will be made public through the
             ForHumanity website and similar database where an individual or
             licensed entity may be recognised as an FHCA or duly licensed
             entity. Sanctions may also be made public via press release. These
             sanctions do replace or otherwise provide relief from damages
             associated with the ForHumanity License Agreement and any
             breaches thereof.


5.5.2        Verbal and/or written warning outlining the misconduct (individual or
             entity)

5.5.3        Public Censure with remediation plan (individual or entity)

5.5.4        Temporary suspension of FHCA accreditation - automatic
             reinstatement, supported by educational remediation (individual)

5.5.5       Temporary suspension of ForHumanity License Agreement -
            automatic reinstatement supported by educational and or
            institutional remediation (entity)

5.5.6        Suspension of FHCA accreditation or ForHumanity License
             Agreement - application for reinstatement required (individual or
             entity)

5.5.7       Permanent Bar of FHCA credentials (individual)




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5.5.8        Permanent Bar of ForHumanity License Agreement by entity
             Officers and Directors, applicable to all directors and the barred legal
             entity. No barred Officer or Director may sit in an officer or director
             position at any licensed entity.

5.5.9        All sanctions may be eligible for an appeals process and the Ethics
             Committee and/or Board of Directors will inform the individual or
             entity if they are eligible for an appeals process and how that process
             will be conducted.

5.6      Auditors certified according to
         ForHumanity’s certification schemes
         outside of ForHumanity
         ForHumanity may license its audit rules and standards to auditors and
         other entities engaged in the business of satisfying audit compliance
         through independent auditing. These entities and the auditors that
         they certify will agree to adhere to all provisions made in
         ForHumanity’s Code of Ethics and the Code of Professional Conduct
         for Auditors as part of the Licence Agreement.




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 FHCAs Code of Ethics

 Appendix
              Definitions

                                                                The Body of Knowledge and its specific Knowledge
                                                                Stores are guidance notes for Auditors, to be applied
                                                                when examining items of compliance sufficiency and
                                                                maturity. They do not represent normative criteria.
                                                                Instead they reflect measures, tools and thresholds that
                                                                help an Auditor understand if the documentary evidence
                        Body of
                                                                is sufficient or sometimes even reaching a mature level
                       Knowledge                                of compliance. Further, the knowledge stores will often
                                                                highlight     frequent   insufficiencies   related    to
                                                                documentary compliance evidence designed to draw
                                                                attention to common mistakes with sufficiency. The
                                                                Body of Knowledge - Knowledge Stores can be found
                                                                HERE.

                                                                A Code of Ethics (CoE) is a publicly disclosed set of
                                                                principles and rules concerning moral obligations and
                                                                regards for the rights of humans and nature, which may
                                                                be specified by a given profession or group. The
                   Code of Ethics                               document is drafted and kept up to date by an entity’s
                                                                Ethics Committee and outlines said entity’s shared
                                                                moral framework within the Relevant Legal
                                                                Frameworks, providing context to instances of Ethical
                                                                Choice.


                                                                A group of persons trained in Algorithm Ethics and
                                                                Ethical Choice, guided by the Code of Ethics and Code of
                                                                Data Ethics, which they create and maintain on behalf of
                        Ethics
                                                                the organisation. The Ethics Committee is responsible
                      Committee                                 for all instance of Ethical Choice related to AI,
                                                                algorithmic and autonomous systems and producing the
                                                                Ethical Risk Analysis (See Section 5.4).




*Terms that are Capitalised and Bolded are terms with an official, agreed upon definition within ForHumanity. See the ‘Definitions’ section in the appendix.
** Terms that are bolded in lowercase are key terms with particular relevance to the Code.

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Definitions

                                     Awareness of a set of options [...], using a set of
                                     principles and rules concerning moral obligations and
                                     regards for the rights of humans and for nature, which
  Ethical Choice                     may be specified by a given profession or group. The
                                     result/outcome/judgment is made using a shared moral
                                     framework - set of moral principles based upon the
                                     entity’s Code of Ethics.


                                     certified practitioners who have completed the
  ForHumanity                        necessary training to be considered qualified to audit
                                     companies for compliance with designated ForHumanity
    Certified                        certification schemes or to provide certification schemes
 Auditor (FHCA)                      for data Processors, Controllers and Joint Controllers
                                     (Auditees)


                                     any information relating to an identified or identifiable
                                     natural person (‘Data Subject’); an identifiable person is
                                     one who can be identified, directly or indirectly, in
                                     particular by reference to an identification number or to
  Personal Data                      one or more factors specific to their physical,
                                     physiological, mental, economic, cultural or social
                                     identity. Personal Data may be a collective term
                                     encompassing specialized terms such as Inferences,
                                     Proxy Variables, PII, and Special Category Data

                                     law, as it applies to Data Subjects, specific to the
                                     jurisdiction of Data Subject being included in the data
                                     processing for the audit or certification. These shall
                                     include consideration for human rights, equalities and
                                     anti-discrimination law, access to goods and services
 Relevant Legal                      (having due regard to who is included/excluded from
                                     such goods and services), children's law and laws with
  Frameworks                         regard to the platform and/or laws with regard to the
                                     sector in and through which the AI (and data processing)
                                     is being provided, amongst other risks (Governance and
                                     Accountability 1)




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Examples of Potential Ethical Choices that
FHCAs May Face
The SCIAR framework outlined in section 1.3 and the principles, values, and
shared moral framework outlined in section 2 of this Code are the primary
tools upon which FHCAs will need to rely when contending with instances
of ethical choice. However, there are certain ethically pertinent situations
that may come up more often than others. The following outlines some of
these situations, offering details on the appropriate course of action in
each case. These scenarios and their respective recommended courses of
action can also be used by FHCAs to guide their decision-making and
behaviour in other situations.

Fellow auditors are engaging in behaviour that violates ForHumanity’s shared
moral framework:

Description of Scenario:

   Scenario 1: An FHCA hears rumors about a fellow auditor who is engaging in
   behaviour that violates the shared moral framework set out in this Code, or the
   standards set out in the Code of Professional Conduct.

   Scenario 2: An FHCA directly observes a fellow auditor engaging in behaviour that
   violates the shared moral framework set out in this Code, or the standards set
   out in the Code of Professional Conduct.

   Scenario 3: An FHCA feels that he or she has engaged in behaviour that violates
   the shared moral framework set out in this Code, or the standards set out in the
   Code of Professional Conduct.

How to Approach the Situation:

   Scenario 1:
      Assess the credibility of the rumor (how likely is it to be true?)
      Approach the FHCA in question in good faith and bring up your concerns.
      Reassess the credibility of the rumor taking their response into consideration.
      Decide whether or not the situation warrants reporting to ForHumanity’s
      Ethics Committee and do so if necessary.




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   Scenario 2:
      Point out to the FHCA in question that they are violating the Code of Ethics
      (ideally pointing to specific passages in the Code).
      If the action can be rectified help the FHCA in question do so.
      If the action cannot be rectified, give the FHCA in question a few days to reach
      out to the Ethics Committee themselves.
      If the FHCA in question fails to reach out to the Ethics Committee within a
      reasonable timeframe or makes it clear that they have no intention of doing so
      at all, get in touch with the Ethics Committee directly.

   Scenario 3:
      Reach out to the Ethics Committee and explain the nature of the infraction
      and any ethically impermissible consequences which resulted.
      Recuse yourself from further auditing work until notified otherwise by the
      Ethics Committee.
      Refrain from engaging in the behaviour in question in future.

Responding to Critiques and Criticisms

Description of Scenario:

   Scenario 1 A fellow FHCA has concerns about your conduct and confronts you.

   Scenario 2: An auditee disagrees with one of your auditing decisions or practices
   and confronts you.

   Scenario 3: Someone from within or outside of ForHumanity criticises its mission,
   processes, or values.

How to Approach the Situation:

   Scenario 1:
      Act in good faith and according to the principle of charitable interpretation
      when considering critiques by fellow FHCAs.
      Do not take the criticism personally.
      Consider whether there is any substance to your fellow FHCA’s concern and
      consult this Code.
      If there is:
          Notify ForHumanity’s Ethics Committee.
          Notify the auditee where relevant and inform them that you are waiting on
          word from the Ethics Committee regarding how to proceed.




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   Scenario 2:
      Act in good faith and according to the principle of charitable interpretation
      when considering critiques by auditees.
      Explain the reason for your decision or behaviour and refer the auditee to the
      relevant sections in the audit criteria or in this Code.
      If the criticism is valid: Acknowledge that the point was valid and, depending on
      the severity of the issue in question, rectify your decision/behaviour
      accordingly or report the situation to the Ethics Committee.

   Scenario 3:
      Determine whether it is worth engaging or not depending on the nature of the
      criticism.
      Act in good faith and according to the principle of charitable interpretation
      when engaging with critiques by third parties.
      Remain courteous and forthright in your conversations.
      Bring up any concerns about ForHumanity’s mission, processes, or values that
      you find to be valid to the Ethics Committee.

Auditing an Entity towards whom an FHCA holds personal opinions

Description of Scenario:

   Scenario 1: An FHCA is auditing an entity which he or she personally dislikes.

   Scenario 2: An FHCA is auditing an entity which he or she personally admires.

How to Approach the Situation:

   Both Scenarios:
      Remain objective
      Do not allow your personal opinions, allegiances, political or moral views to
      influence the rigour with which you apply the audit criteria.

Auditing entities when any one of the following five threats to auditor
independence is present:

Description of Scenario:

   Scenario 1 - Self Interest: the FHCA holds a direct interest, financial or otherwise,
   in the entity being audited.

   Scenario 2 - Self Review: the FHCA was involved in the creation of the work being
   audited.



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   Scenario 3 - Advocacy: the FHCA is involved in the promotion of the entity being
   audited.

   Scenario 4 - Familiarity: the FHCA is personally close to employees, managers,
   officers, or directors of the entity being audited.

   Scenario 5 - Intimidation: the FHCA feels intimidated by the directors or
   management of an entity being audited to the point of no longer being able to
   carry out the audit objectively.

How to Approach the Situation:

   All scenarios:
        Recuse yourself from auditing the auditee in question any time you feel that
        circumstances preclude you from performing your work in an objective manner.
        Report the matter to the Ethics Committee.
        Refrain from further auditing of said auditee until notified otherwise by the
        Ethics Committee.

If an FHCA feels that an auditee has found loopholes in the audit:

Description of Scenario:

The entity being audited has found a loophole in the audit, managing to implement
practices that ‘tick the boxes’ of an audit scheme while still doing the damage that the
audit was intended to help avoid. An entity has found a way to be compliant with the
audit while still behaving in a manner that contravenes the very point of the scheme in
question.

How to Approach the Situation:

The auditee is compliant and the audit report must report as much. However, the
auditee should also report such situations to the Ethics Committee so that the audit
scheme in question might be amended in the future so as to close any such loopholes.

Entities that are non-compliant with certain audit rules through no fault of
their own:

Description of Scenario:

   Data or privacy breach or bias arises in a third-party system used by the client.
   The client conducted an audit of the third party system at the time of onboarding,
   however, there have been some changes/patches provided by the third party which
   have not been audited.


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   Bias arises out of third-party licensed cloud tools. The licensing agreement does
   not provide access for the client to conduct an audit of the system.
   Systemic attack of a client’s AI system via adversarial attacks and poisoning
   techniques by an unidentified attacker

How to approach the situation:

   Auditing is not about who is at fault, but whether or not someone is compliant.
   Whether or not a company is at fault for their non-compliance is not relevant to
   whether or not they are compliant.
   Document the scenario and the relevant facts and qualify the audit report based on
   these facts.
   Disclose and highlight systemic controls or management review approaches that
   are not operating effectively, which in turn resulted in non-compliance.


Examples of Relevant Legal Frameworks
(Section 4 in the Code of Ethics):
This section sets out examples of the sorts of Relevant Legal
Frameworks implied by section 4 of the Code of Ethics - please note that
the presence of these examples neither implies nor endorses these laws as
a function of any audit criteria because that is the domain of governments
and regulators - we supply these as examples of principles of human
rights generically.

   (4.1) Human Rights
                     Examples of such bodies of law include but are not limited to
                        UN Guiding Principles on Business and Human Rights
                        International Bill of Human Rights
                        Charter of Fundamental Rights of the European Union


   (4.2) Equality/Anti-Discrimination Related Laws,
              Frameworks, and Regulations
                     Examples of such bodies of law include but are not limited to
                        OHCHRC International Convention on the Elimination of All
                        Forms of Racial Discrimination
                        OHCHRC Convention on the Elimination of All Forms of
                        Discrimination against Women
                        OHCHRC Convention on the Rights of Persons with Disabilities
                        ForHumanity’s Anti-Discrimination Policy
                        ForHumanity’s Diversity Policy

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(4.3) Access to Goods and Services Related Laws,
        Frameworks, and Regulations
                (tbd)


(4.4) Child    Related                              Laws,        Frameworks,                         and
        Regulations
                Examples of such bodies of law include but are not limited to
                   UN Convention on the Rights of the Child


(4.5) Laws, Frameworks, and Regulations on the
         Use     and    Application   of   Artificial
         Intelligence, Algorithmic, and Autonomous
         Systems
                Examples of such bodies of law include but are not limited to
                   EU AI Regulations
                   OECD Principles on AI

(4.6) Other Relevant Risks Associated With
        Independent Auditing
 (4.6.1) Confidentiality/Privacy Laws, Frameworks, and Regulations

                   General Data Protection Regulation 2016/679 (GDPR)
                      The GDPR is currently the most comprehensive body of
                      international law governing the protection of data and privacy
                      in the EU and the EEA. It is therefore relevant to more than
                      simply auditors who are certified in GDPR compliance as all
                      FHCAs have a responsibility to uphold the principles of
                      privacy (2.4) and professionalism (2.5) when handling the data
                      of entities being audited.
                      They shall stay up to date with all provisions and amendments
                      made therein in order to ensure that their work maintains
                      alignment with ForHumanity’s shared moral framework.

                   Other examples include but are not limited to:
                      The Global Network Initiative’s Principles on Freedom of
                      Expression and Privacy
                      OECD Privacy Principles
                      ForHumanity Privacy Policy

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  (4.6.2) Intellectual Property Laws, Frameworks, and Regulations

                      Examples include but are not limited to:
                         Treaties Administered by the World Intellectual Property
                         Organization (WIPO)

  (4.6.3) Personal     gain/bribery Laws, Frameworks, and Regulations,
              OFAC, Anti-money laundering, or otherwise prohibited entity
              dealings

                      Examples include but are not limited to:
                         The 2003 UN Convention Against Corruption
                         Transparency International’s Business Principles for
                         Countering Bribery
                         The ICC Rules on Combating Corruption
                         OECD Convention on Combating Bribery of Public Officials
                         The Institute of Business Ethics’ List of Anti-Bribery and
                         Corruption Standards and Frameworks



(4.7)     Further Resources for FHCAs (to be
        consulted whenever applicable):

                ForHumanity’s Body of Knowledge Repository

                ForHumanity’s Diversity Policy

                ForHumanity’s Anti-Discrimination Policy

                The ethical requirements of the state in which the
                audited entity resides, the states in which relevant
                Data Subjects reside, and of relevant authoritative
                regulatory bodies such as state board(s) of auditors.




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