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The Artificial Intelligence & Data Protection Conundrum – Part 1 |
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The Artificial Intelligence & Data Protection Conundrum – Part 1

January 31, 2019

If you have an iPhone, iPad, Android Phone or tablet, Fitbit, Apple watch, a Google Home or Alexa Device your personal data has probably been shared, by you in some cases without your knowledge with a myriad of business-related entities. Not only has your data been shared but sophisticated systems analyze this data to make decisions about you, which you then become a victim of.

This article is the first of a two-part series which I hope will put the importance of Data Protection Laws squarely in the sights of our citizens especially with the advent of emerging technologies like artificial intelligence and machine learning.

Over the past 18 months I have been able to participate in and contribute to the robust discussion on the Data Protection Bill currently before a Joint Select Committee of Parliament. A bill which will eventually lead to a law that will for the first time give a Jamaican citizen control over their own personal data. Data in today’s age is largely digital, very portable and extremely valuable. Even more important, is this data without the right laws, in the wrong hands, can lead to significant damage to a person’s ability to go about their daily life.

Going about your daily life and the effect that your personal data has on this seemingly mundane exercise is often grossly misunderstood or even taken for granted because many of the operations done on your data and the way in which it can and is used may shock you.

We have seen many instances of data breaches in recent months on popular social media platforms. Only when this happens do the users of these platforms and services, become concerned about the state of their data and the redress that they have or do not have under law. These social media platforms should really be taking this issue more seriously. Data breaches can result in personal data being exposed by hackers, so it’s vital that social media companies start looking into ways to prevent this. Perhaps they should consider getting in touch with a law firm, like Sidley Austin, that can help them to navigate through these cybersecurity breaches, ensuring that they are taking legal steps to keep their users safe. That would be a good place to start if this sort of event ever happens again. However, there are a number of different things that social media businesses can do to keep their consumers safe.

Perhaps one of the most stunning examples of data privacy has to do with the case of the sophisticated biometrically equipped smartphones. Many users of smartphones, including myself, use the biometric features on these devices to smartly and conveniently secure access to the device. Strangely though, a look of utter shock and puzzlement overcomes anyone whenever they are asked “Do you know where that fingerprint of yours is being stored?” Perhaps the same thing is going through your mind as you read this.

data protection

It is always curious to me that many people who question, or are overly concerned about providing their biometric information to the government, an entity they know and can query, are always at ease and never question providing the same information to an entity like Apple or Google or perhaps a foreign power with no knowledge of how that information is then used or stored. Bear in mind that these entities are not bound by any law in Jamaica and the laws of the jurisdictions that these entities are established in do not apply to or provide sound redress for citizens of Jamaica.

The same thing prevails when entities like Facebook, Whatsapp, Instagram, Youtube and a host of literally thousands of other entities are willingly provided with information by its subscribers with no thought of the impact on personal data privacy. Afterall, do we even read the terms of use or privacy policies of these services before we sign up?

I give these examples because this has been the modus operandi for many of us for many years and I want to now provide an insight into a much scarier reality that has existed for a few years but will become mainstream sooner than we think. I am talking about Artificial Intelligence and Machine Learning, and the effect that these technologies will have on our lives when we consider how these technologies will be able to treat with our personal and private data. Hopefully, it will elucidate the urgent need for not only Data Protection Laws but also the need for more efficient and quicker process for creating, reviewing and changing laws in a digital age.

Artificial Intelligence (AI) & Machine Learning (ML)

Technopedia defines AI as the creation of intelligent machines that work and react like humans. AI has been around for quite some time but with the exponential advancements in computing power in recent years AI has seen a rise in its use and popularity. Machine learning (ML) is a field of artificial intelligence that uses statistical techniques to give computer systems the ability to “learn” from data, without being explicitly programmed. Some of the most popular AI/ML systems are IBM Deep Blue, IBM Watson, Google Brain, but companies like Amazon, Google, Netflix, Salesforce, Facebook and Twitter all use artificial intelligence and machine learning to deliver better more efficient services and user experiences. Companies have their own team or hire enterprise machine learning services to deploy, monitor, and manage ML production.

Why should this concern you, why would this be a bad thing? After all, if AI and ML help us to get what we want quickly in a convenient and efficient manner then count me in! In fact, that might be a really good idea when it comes to provisioning government services and making that more efficient too.

It turns out that the issue is not entirely with the derived benefits of the technology, but with the way in which it gets there. Machine Learning systems utilize huge amounts of data to come to conclusions about the subjects of the data it is interrogating. In many instances this data is not coming from a single source, and as such a composite and extremely detailed dataset or profile of a single individual can be created by a machine learning system from seemingly unrelated data. In addition to that inferences, conclusions and actions can be taken in relation to an individual based on this composite profile.

The important question now becomes: How is personal data that is derived and created from the assimilation and analysis using methods like machine learning will treated by the proposed legislation, and what will the effects be for all of us and the associated technologies? I will take this up in Part 2.

Dr. Andrew Wheatley JP, MP

Research Scientist/Senior Lecturer in Basic Medicine and Biotechnology.

The holder of two international and two local Patents and has published extensively in peer-reviewed international Journals.

Arificial Intelligence and Robotics are largely growing fields within the world of technology and business, with many careers available for people who have studied down this route. There are many robotics jobs being advertised by companies like Torc, to give people who have studied this subject an opportunity for work and growth in a functional environment.

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