In this article we discuss the risks associated with the use of artificial intelligence in terms of personal data protection.

Introduction:

Artificial intelligence has become one of the most talked about technologies in recent years, and its use in processing personal data has become increasingly common. For those unfamiliar with the concept of artificial intelligence, it is a branch of computer science that involves the creation of systems capable of learning and performing tasks without being explicitly programmed to do so. These systems can be trained to recognise patterns and make decisions using input data.

However, the use of artificial intelligence in processing personal data comes with a number of risks and data protection issues, and this article will explore these in detail. The aim of this review is to provide a better understanding of how artificial intelligence can affect personal data, the protection of personal data, as well as to highlight the risks involved in its use and the measures that can be taken to minimise these risks.

Risks associated with the use of artificial intelligence

In terms of the risks associated with the use of artificial intelligence in the context of personal data protection, there are a number of issues that need to be taken into account.

The first of these is discrimination, which can occur when artificial intelligence algorithms are trained to make decisions based on historical data that has been generated by discriminating printing systems. This can lead to discrimination against vulnerable groups such as the elderly or those belonging to ethnic or racial groups.

Another important risk is profiling, which can occur when personal data is collected and used to create detailed user profiles. These profiles can be used to make automated decisions about services and products offered, but also for other purposes such as risk analysis or fraud detection.

Another problem is the lack of accountability and transparency of artificial intelligence systems, which can be difficult to control and monitor. This can lead to a lack of trust in the system in question and make users reluctant to provide the necessary personal data.

In addition, there are risks associated with data security and privacy, particularly in relation to data storage and transfer. There is also a risk that personal data may be misused or disclosed to third parties without users’ consent.

All these risks should be taken into account when using artificial intelligence to process personal data and appropriate measures should be taken to minimise these risks.

Protection of personal data under GDPR

The General Data Protection Regulation (GDPR) was created to protect the rights of individuals with regard to the processing of personal data. It imposes a set of principles to be respected by anyone processing such data, including in the context of the use of artificial intelligence.

These principles include:

  • Lawfulness, fairness and transparency: personal data must be processed lawfully, fairly and transparently in relation to the data subject. The data subject must be informed about the processing of the data and be given access to information about the processing.
  • Limited purpose: personal data should be collected and processed only for the specific, explicit and legitimate purpose for which it was collected.
  • Data minimisation: personal data must be adequate, relevant and limited to what is necessary for the purpose for which it is processed.
  • Accuracy: personal data must be accurate and, where necessary, kept up to date.
  • Limited storage: personal data must be kept only for the period necessary in relation to the purpose for which it was collected and processed.
  • Integrity and confidentiality: personal data must be protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.
  • Accountability: the data controller must be responsible for compliance with these principles and be able to demonstrate compliance.

It is important to take these principles into account during the development and use of artificial intelligence systems to ensure that the rights of individuals with regard to the protection of personal data are respected.

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Artificial intelligence and technical and organisational measures for the protection of personal data

Technical and organisational measures are essential to protect personal data in the use of artificial intelligence. Firstly, the privacy policy must be clear and accessible to inform users about how their data is collected, stored, processed and used by the IA.

Another important aspect is the application of the principle of “
privacy by design
“which involves designing and developing artificial intelligence systems with privacy in mind, from the planning stage. This may include the use of anonymised or pseudonymised data, reducing the amount of personal data collected, and the use of encryption and security technologies.

It is important to develop appropriate procedures and protocols for risk assessment and implementation of security and privacy measures, such as Data Protection Impact Assessment (DPIA). You may also consider hiring a Data Protection Officer (DPO), who can monitor the use of artificial intelligence and provide advice and assistance on the protection of personal data.

Artificial Intelligence and Data Protection Impact Assessment (DPIA)

Data Protection Impact Assessment (DPIA) is a mandatory process under the GDPR and is particularly important in the context of the use of artificial intelligence. DPIA is necessary to assess and identify risks and threats to personal data.

When using artificial intelligence, it is important to conduct a DPIA, which can be done in the planning and development stages of the solution. During the assessment, any potential risks related to the processing of personal data, such as uncertainty about the outcome of the IA or uncertainty about the accuracy of the input data, should be analysed.

The DPIA should include an assessment of the potential impact on privacy and data security, as well as an assessment of the risks of discrimination or adverse effects on individual rights and freedoms. In addition, the DPIA should include measures to mitigate the identified risks and an assessment of the effectiveness of these measures.

In general, the DPIA should include a detailed description of the processing of personal data, including the types of data used, the purposes and methods of processing, and an analysis of the associated risks. This should also include an assessment of the impact on individuals as well as an analysis of the technical and organisational measures taken to protect the data.

In conclusion, DPIA is an important tool to assess and identify risks associated with processing personal data using artificial intelligence and to develop appropriate safeguards.

The role of the DPO and the use of artificial intelligence

The role of the DPO(Data Protection Officer) is essential in protecting personal data and assessing the risks associated with the use of artificial intelligence. The DPO is responsible for ensuring that the organisation complies with data protection rules and that the risks associated with the use of artificial intelligence are properly assessed and managed.

The DPO should have a sound knowledge of GDPR as well as artificial intelligence and its use in the organisation. The DPO should ensure that the organisation considers all risks associated with the use of artificial intelligence and that appropriate measures are taken to address them.

The DPO must ensure that the organisation has clear policies and procedures for the protection of personal data and that these are regularly updated. In addition, the DPO should work with other departments in the organisation, including IT, to ensure that all necessary technical and organisational measures are taken to protect personal data and avoid the risks associated with the use of artificial intelligence.

In conclusion, the DPO has a key role in protecting personal data in the use of artificial intelligence and must be involved in all aspects of data protection in the organisation.

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Fairness in Artificial Intelligence

Fairness is an important issue in the use of artificial intelligence, as AI systems can have a number of unintended influences and effects on different user groups or user characteristics. It is therefore important to assess the fairness of these systems in relation to user groups and to take steps to ensure fair use.

Metrics that can be used to assess the correctness of an AI system include:

  • Error rate – This measures the proportion of misclassifications for each user group for a particular attribute, such as race or gender. If there are significant differences in error rates between groups, the system may be considered unfair.
  • Confusion matrix – This is a table showing the number of true positives, false positives, true negatives and false negatives for each user group. This metric can be used to assess whether there is discrimination in terms of the classifications made by the system for each group.
  • Disparate impact – This measures whether an AI system has a disparate impact on user groups with respect to a particular attribute. For example, if a lending system turns away more users from one group than another, the system may be considered unfair.
  • Access to data – It is important to consider access to data in assessing the correctness of an AI system. If the data used in training the system is incorrectly biased or incomplete, this can lead to an unfair system.

In order to ensure fair and equitable use of AI, it is important to assess the fairness of AI systems and to take appropriate measures to improve this fairness where necessary.

conclusions

The use of artificial intelligence entails a number of personal data protection risks, such as discrimination, profiling, lack of transparency and accountability. In order to protect personal data in the context of artificial intelligence, it is important to apply GDPR principles and develop appropriate privacy and security policies, as well as apply the principle of “privacy by design”.

Data Protection Impact Assessment (DPIA) and the role of the DPO are also key to assessing the risks associated with the use of artificial intelligence. In addition, it is recommended to develop and use metrics to assess the correctness of an AI system.

Finally, implementing appropriate technical and organisational measures can help protect personal data and ensure GDPR compliance in the use of artificial intelligence.

The GDPR Complete team is composed of lawyers, legal experts, GDPR specialists and IT specialists. Don’t forget that we are an IT company, software developer, with IT expertise validated in successful international projects. We understand how artificial intelligence works and what the risks are with regard to the protection of personal data, so if you need advice on the protection of personal data in the context of the use of AI (and beyond), don’t hesitate to contact us at contact@gdprcomplet.ro.