On November 17, 2023, AI extensively utilizes information gathered through broad data scraping methods, raising concerns about potential exposure of sensitive personal data in AI-generated outputs. To mitigate these risks, protection laws play a crucial role in regulating AI involvement in decisions with cultural and legal implications.
New regulations aim to empower individuals by granting them control over their data used in automated decision-making processes. Businesses incorporating artificial intelligence must adhere to specific guidelines outlined in these evolving legal frameworks to ensure responsible use of information.
The European Union introduced the AI Act in April 2021, emphasizing a risk-based approach where businesses assess and mitigate risks associated with their AI techniques. Additionally, the General Data Protection Regulation (GDPR) underscores “privacy by design and by default,” focusing on data protection principles in the context of AI.
Key GDPR provisions relevant to the risk-based view of the AI Act address the identification, identifiability, and re-identification of private data, as well as the responsibilities of data controllers in ensuring compliance with data processing regulations. Data security measures, impact assessments on data security, and guidelines for conduct and documentation are also essential components for GDPR compliance in AI applications.
In the United States, the National Institute of Standards and Technology released the AI Risk Management Framework (AI RMF) to provide guidance on using AI systems. Despite the absence of comprehensive federal privacy regulation, states like California, Colorado, and Texas have implemented privacy laws that impact businesses utilizing AI.
The California Privacy Rights Act (CPRA), Colorado Privacy Protection Act, and Data Privacy & Security Act of Texas introduce provisions related to data retention, sharing, and handling of sensitive personal data. These laws also emphasize the importance of conducting data protection impact assessments for activities posing risks to consumers.
Furthermore, the bipartisan American Data Privacy and Protection Act (ADPPA) at the federal level aims to address algorithmic accountability and fairness in data processing. By prohibiting biased use of personal information, the ADPPA strengthens civil rights protections and promotes transparency and accountability in AI systems.
President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence underscores the need for bipartisan data privacy legislation to safeguard Americans’ privacy rights.
In conclusion, the intersection of AI and privacy regulations underscores the importance of ensuring compliance with data protection laws in AI applications. Businesses must navigate these regulatory landscapes to uphold privacy standards and ethical AI governance.
