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Overview: Legal and Ethical Limitations of AI

Maria Jose Castro L

Nov 17, 2023

Overview: Legal and ethical limitations of AI

Even though Artificial Intelligence (AI) is nothing new, it seems that it is increasing by the day in various fields, such as healthcare, financial, legal, and many more. The increasing role of AI across industries is making it more accessible and prevalent than ever before, but that will always come with associated risks. This makes it essential to understand the legal and ethical limitations associated with its development and use. In this blog, we will lightly discuss some legal and ethical limitations this technology is presenting.

Here are a few risks associated with AI
  • AI reinforcement of existing Bias: such as gender-related and racism-related bias, This issue becomes of high importance when AI is employed in decision-making processes, such as hiring, lending, or criminal justice.

  • Surveillance practices for data gathering and privacy: AI systems often require access to large amounts of data, including personal and sensitive information. Protecting this data from breaches, unauthorized access, and cyberattacks is a significant concern. Legal frameworks like GDPR and CCPA mandate strict data protection measures, but their implementation is rolling slowly.

  • AI and the potential to manipulate behavior: especially through ad targeting.

  • Ethical concerns: More than legal adherence, companies also need to keep in mind the ethical ramifications that could come from the use of AI.1

The increase of artificial intelligence (AI) usage has become an undeniable force, that has been revolutionizing industries across the board. However, this technological advancement brings with it a complex web of legal and ethical considerations. At the center of this landscape are data protection regulations like the GDPR and CCPA, which aim to safeguard personal information. Understanding these key regulations and how AI systems handle sensitive personal data is of extreme importance.

How non-compliance with the existing regulations can affect you?

Non-compliance can result in severe consequences, both legally and reputationally. Organizations must recognize that navigating the regulatory bodies isn’t just a legal obligation but an ethical one that will either heighten or destroy your business’s reputation. To succeed in this ever-evolving environment, they need to embrace Data Protection Impact Assessments (DPIAs) and seek legal expertise. By doing so, they can ensure that their AI-driven innovations not only comply with the law but also uphold the trust and privacy of individuals in an AI-enhanced world.

Overview of the mentioned regulations:

GDPR (General Data Protection Regulation): GDPR is a comprehensive data protection regulation that was enacted by the European Union (EU). It sets strict rules for how organizations collect, process, and store personal data. GDPR applies not only to EU businesses but also to any organization that handles the data of EU citizens2.

CCPA (California Consumer Privacy Act): CCPA is a state-level data privacy law in California, but its impact extends beyond the state due to California’s economic significance. CCPA grants consumers more control over their personal information and obligates businesses to disclose data practices and provide opt-out options

The legal landscape for AI is continually evolving as technology advances. Striking a balance between innovation and regulation is essential for responsible AI development. As we move forward, continuous legal and ethical evaluation of AI systems will be necessary to ensure that AI benefits society while respecting individual rights. It is important to understand that those in cybersecurity, data privacy, and related fields will constantly have to keep training, learning, and adhering to new laws and regulations.

AI and the rise of ethical concerns:

We need to know that AI systems are not immune to bias and discrimination, raising ethical concerns. Addressing algorithmic bias and ensuring fairness in AI applications is of the greatest importance. Ethical guidelines for AI development and deployment are being developed to mitigate these issues, but that will take some time to fully implement. From a logical standpoint, we need to understand that search-engine technology is not neutral as it processes big data and prioritizes results with the most clicks relying both on user preferences and location, that means old biases engrained in our society are being spread all over again in seconds.3

In conclusion, the future implications of AI in the legal domain are vast and multifaceted. As AI technology continues to advance, the legal landscape is evolving rapidly, presenting both opportunities and challenges. The emergence of data protection regulations like the GDPR and CCPA underscores the importance of maintaining the privacy and security of personal data in AI systems. However, the legal framework surrounding AI is still a work in progress, with many questions and ambiguities yet to be addressed.

To navigate this complex terrain successfully, it is crucial that organizations engage in continuous legal and ethical evaluation of their AI systems. This involves not only complying with existing laws but also staying proactive in adapting to new regulations as they emerge. Moreover, organizations must foster a culture of ethical AI development and deployment, ensuring that AI systems are designed with fairness, transparency, and accountability in mind for the benefit of all users.

As AI becomes increasingly integrated into our daily lives, the legal and ethical considerations surrounding it will continue to grow in significance. It is important that all people involved, from AI developers to policymakers, work together in shaping a legal framework that promotes innovation while upholding the rights and interests of individuals. Only through a group effort, we would be able to get some better laws and regulations surrounding AI, and we could ensure that the technology evolves responsibly, benefiting society as a whole.

Sources

Artificial Intelligence: examples of ethical dilemmas-UNESCO GDPR compliance The Ethics Of AI: Navigating Bias, Manipulation And Beyond