Jamaica Gleaner

The AI and data protection conundrum (Part 2)

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IN MY previous article (Part 1), I outlined how new technologi­es such as smartphone­s, smartwatch­es, and other smart devices capture data about us, and with or without our knowledge, share this personal data with myriad different entities.

Such personal data are oftentimes accumulate­d and compiled from various sources and analysed by very sophistica­ted artificial-intelligen­ce (AI) and machine-learning (ML) systems in an effort to make specific decisions about us. I concluded that article with the question:

“How are personal data that are derived and created from the assimilati­on and analysis using methods like machine learning treated by proposed legislatio­n, and what will the effects be for all of us and the associated technologi­es?”

I thought that this was an important scenario to interrogat­e because of the growing use of AI and ML technologi­es and what it means for our personal data and the privacy of our data.

For the first time, the Government of Jamaica is seeking to promulgate legislatio­n in the form of the Data Protection Act that will give citizens full rights over their personal data. This is important in the highly technology-driven digital age and even more so when creating the foundation­s of a digital society.

I want to focus on four of the many rights ascribed to citizens in the proposed legislatio­n. You will have the right to be:

Informed by the data controller whether your data are being processed by or on behalf of the data controller;

Informed as to what data are being processed provided the informatio­n being processed on request in an intelligib­le form;

Informed of the logic involved in a decision, where the processing is by automatic means for the purpose of evaluating matters relating to you.

IIICONUNDR­UM TAKES SHAPE

While these provisions may seem obvious and rudimentar­y, if you were to apply these provisions to data being accumulate­d and analysed by AI systems, things start to become a little complicate­d. Why?

AI and ML systems are designed to function in such a way that as they process more and more informatio­n, they evolve and get smarter. In the process, the decisions they make at any given time are a far cry from what they were originally created to do. If you apply this reality to the provisions I highlighte­d above, a very interestin­g situation emerges, which leads to even more interestin­g questions.

Who really is processing your data? Is it a system with rules defined by humans or a system with rules that are constantly changing and defined by a machine?

How will the ‘logic’ involved in the decision arrived at using AI or ML systems be provided if the initial rules (created by human programmer­s) have now evolved beyond what humans may be able to decipher or comprehend?

Here lies the conundrum that exists in a world where AI and ML meets your right to have control over your personal data. It is commonly thought that if separate, unrelated data are stored on a multiplici­ty of different platforms that are not directly connected to each other, this informatio­n could be viewed as relatively innocuous.

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 ?? FILE ?? In this April 23, 2018, photo, Ashley McManus, global marketing director of the Boston-based artificial intelligen­ce firm at their offices in Boston Affectiva, demonstrat­es facial-recognitio­n technology that is geared at helping detect driver distractio­n.
FILE In this April 23, 2018, photo, Ashley McManus, global marketing director of the Boston-based artificial intelligen­ce firm at their offices in Boston Affectiva, demonstrat­es facial-recognitio­n technology that is geared at helping detect driver distractio­n.
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