This Article— Booming Dependency on AI and Privacy- Analysis of International and Indian Legal Framework— is divided into three segments, the readers are reading the Second Part to the Article that contains, AI and International Law- Data Protection and Regional Laws. To read the first segment on the Introduction to the topic, and an analysis on Data, Artificial Intelligence and Privacy please click here. Similarly, to read the third segment on, India on AI Privacy Issues Law, and Suggestions, please click here.
AI and International Law- Data Protection
Attorneys-practitioners of law- perform multiple legal tasks, including counseling clients, gauging the legal positions, avoiding risk, drafting contracts and other documents, pursuing litigation, and many other activities. In the business litigation, often this amounts to obtaining and reviewing large troves of documents turned over by the opposing counsel. Most recently, these predictive-coding technologies have employed AI techniques, such as machine learning and knowledge representation, to help automate this activity. In 2019, the United Nations and its subordinate organs have initiated activities to promote AI and challenges facing in various activities.
Comprehensive Nuclear Test Ban Treaty Organization is the organization that works as implementing machinery of the said treaty by banning nuclear explosions on the earth’s surface, atmosphere, underground and underwater. The treaty implements a three-pillar comprehensive verification regime i.e. International Monitoring System, International Data Center, and On-Site Inspections which uses artificial intelligence for automatic data processing, detect infrasound, etc. identity, inspect and investigate and ban the nuclear test across the globe.
In 2019, the Food and Agriculture Organization has initiated seven projects with the aid of artificial intelligence namely, to detect fall armyworm damage using a mobile application, port inspectors, customs agents, fish traders, and other users without formal taxonomic training, Land Cover/ Crop Classification using satellite imaginary, phenology and ground reference data, Palm Tree mapping from satellite imagery, fleet estimation, fish gear identification and Detecting fall armyworm infestations. International Civil Aviation Organization uses artificial intelligence for long landing prediction, document summarization, and airport disaster situation detection. There are many other organs under the United Nations that conduct activities by applying artificial intelligence.
The Convention on Prohibitions or Restricts on the Use of Certain Conventional Weapons was entered into force on 2nd December 1983 which presently has 125 state parties. The purpose is to prohibit and restrict the use of specific types of weapons that are considered to cause unnecessary or unjustifiable suffering to combatants and to affect civilians indiscriminately. In 2017, AI for Good Global Summit, the Secretary-General opined that artificial intelligence has the potential to accelerate progress towards a dignified life, in peace and prosperity, for all people but it also involves serious challenges and ethical issues which must be taken into account including cybersecurity, human rights, and privacy.
UNICRI notable activities on AI include 70th Session of UN General Assembly on October 2015, addressed rising to the challenges of International Security and Emergence of AI, Autonomous Systems and Artificial Intelligence on 20th session of Conference of State Parties to Chemical Weapons Convention, Specialized training course on AI and autonomous robotics for media professionals in 2016.
In 2017, two reports were submitted to discuss the implications of AI technologies on human rights. On 5th May 2017, a report from the office of High Commissioner for Human Rights on “ways to bridge the gender digital divide from a human rights perspective” referred to algorithmic discrimination and bias and the potential for AI to drive improvements in women’s health. An independent expert report on the rights of older persons addressed the opportunities and challenges of robotics, artificial intelligence, and automation in the care of older persons.
The contribution of UNESCO in regulating artificial intelligence is enormous, which is evident from developing normative instruments including Universal Declaration on Human Genome and Human Rights in 1997 and Universal Declaration on Bio-Ethics and Human Rights in 2005. The organ made an extra effort in ensuring that Africa is also involving in transforming its society relating to artificial intelligence. The first debate on the same took place in Morocco on 12th December 2018 focusing on AI and Africa.
The UN Special Rapporteur for promotion and protection of the right to freedom of opinion and expression released his report of the implications of AI technologies for human rights, was submitted to UN General Assembly on 29th August 2018, and presented to Social, Humanitarian and Cultural Committee at United Nations General Assembly on 22nd October 2018.
Regional Laws
In the United States, the report in 2018 of the Organization of American States called on the banking sector in Latin America and the Caribbean to prioritize the development of capacities using emerging digital technologies such as Big Data, artificial intelligence and related which have an important potential in the optimization of resources destined for detection and prevention. It was found that 49% of banking entities are still not implementing tools, controls, or processes using emerging data technologies such as big data, machine learning, or artificial intelligence. These are very important for the prevention of cyber-attacks or defining suspect patterns associated with fraud, among other detection capabilities.
The European Commission for the Efficiency of Justice of the Council of Europe adopted the European Ethical Charter on the Use of Artificial Intelligence in the judicial systems and their environment. The general principles in European Ethical Charter serve as guidelines for policymakers, researchers, legislators, and judicial members dealing with artificial intelligence. The documents also provide for a comprehensive overview of the current use of artificial intelligence in judicial systems in the member states of Co. E., with a focus on processing judicial decisions and data as well as to review different uses of AI in European Judicial systems.
Further, the Committee of Experts on Human Rights Dimensions of Automated Data Processing and Different Forms of Artificial Intelligence has published several draft documents on the implication of AI for human rights. Some of such documents are:
- A study of implications of Advanced Digital Technologies (including AI systems) for the concept of responsibility within a Human Rights Framework
- Draft Recommendation of the Committee of Ministers to Member states on Human Rights Impacts of Algorithmic Systems
- Draft Declaration of the Committee of Ministers on the Manipulative Capabilities of Algorithmic Processes.
Artificial Intelligence Law in Australia is based on strong core principles which can be mentioned as follows:-
General net benefits: The AI must generate benefits for people that are greater than the costs-:
- Do no harm: Civilian AI systems must not be designed to harm or deceive people and should be implemented in ways that minimize any negative outcomes.
- Regulatory and legal compliance: All AI systems must comply with all relevant national and international and federal government obligations, regulations, and laws.
- Privacy Protection: Any system including AI systems must ensure people’s private data is protected and kept confidential plus prevent data breaches which could cause reputational, psychological, financial, professional, or other types of harm.
- Fairness: The development or use of the AI system must not result in unfair discrimination against individuals, communities, or groups. This requires particular attention to ensuring the “training data” is free from bias or characteristics which may cause the algorithm to behave unfairly.
- Transparency and Explainability: People must be informed when an algorithm is being used that impacts them and they should be provided with information about what information the algorithm uses to make decisions.
- Contestability: When an algorithm impacts a person there must be an efficient process to allow that person to challenge the use or output of the algorithm.
- Accountability: People and organizations responsible for the creation and implementation of AI algorithms should be identifiable and accountable for the impacts of that algorithm, even if the impacts are unintended.
The privacy issues concerning artificial intelligence are also dealt with under the Privacy Act. The best example of the privacy issue in Australia is the Cambridge Analytica scandal. There are various regional laws for regulating artificial intelligence. In November 2017, the Canadian Government announced AI and social programs to support research into social, economic, and philosophical issues. In June 2017, the Federal Ministry of Transport Germany release guidelines for use of autonomous vehicles. In France, President Macron announces AI strategy to fund research into AI ethics and open data based on the Vilani Report recommendations. Ministry of Transport in China released standards in testing automated vehicles.
It can be seen than almost all the developing and the developed countries are taking amicable legal steps to promote and regulate the artificial intelligence and privacy in cyberspace. Hence there exist keen interest in how India regulates its artificial intelligence in cyberspace thereby protecting data privacy.
To read the third segment of this Article on, India on AI Privacy Issues Law, and Suggestions, please click here.
This Article is written by Anu Bhuvanachandran, Partner, Outsay Legal, New Delhi, Advocate, Supreme Court of India; BBA.LLB (HONS) and LLM (Corporate and Cyber Laws).
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