Starting from the debate on Artificial Intelligence, without going into the merits of how “intelligent” it is (a reflection that would lead us astray and which we willingly leave to philosophers and sociologists), one thing is certain: to work, algorithms must “feed” themselves of data, lots of data. Yes, but where does all this mass of information come from, how is it managed and above all what kind of impact will it have on the community?
We delve deeper into the topic with Luigi Todaro, new technology law lawyer at the LegalWeb.Digital law firm.
Data collection and management
Louis: AI requires access to a vast amount of data to function effectively. This data comes from users’ daily interactions with various technological devices and online platforms. Amazon monitors our preferences even when we don’t complete a purchase. Google records our searches on the Internet (habits, tastes, interests, needs…). Social networks track our social relationships based on interactions with other profiles. Mobile operators know who we are talking to, but also where we are and who is nearby. In short, we leave electronic footprints everywhere.
This is where this rising tide of data comes from.
The collection and management of this data raises significant privacy issues. How many users are aware? What if personal information is used to infer further private details? And if these influence decisions and behaviors, often more to the benefit of commercial entities than to the benefit of individuals.
Alexander: In the context of digital marketing, data collection and management should always be guided by an approach of transparency and informed consent. I think about the acceptance of cookies, how many actually know what it is? What are they for?
Basically, the level of digital literacy should be raised. Maybe this is the last chance we have. In a few years we won’t be in time anymore.
Moving on to the legislation, there would be laws, but how many actually respect them?
I think of the “Public Register of Oppositions”, we all signed up, I think. Yet spam phone calls have actually increased. Who controls? Who sanctions? Because it does not work?
Impact of technologies on privacy and rights
Louis: The advent of the Internet marked a significant change in the way personal data is collected and disseminated, leading to the need to review and update privacy laws. This new digital environment allows for almost instantaneous and global dissemination of data, which enormously complicates the regulation and control of privacy. The right to privacy has been totally redefined in the digital age, with increasing difficulty in controlling the endless flow of data circulating on the internet. This presents a challenge both for individuals seeking to protect their privacy and for legislators who must create effective regulations in a rapidly changing environment.
Alexander: Using data to personalize user experiences is a double-edged sword. On the one hand, personalization can significantly increase the effectiveness of marketing campaigns, improving engagement and conversion. On the other hand, it can raise privacy concerns if not handled properly.
We all use Netflix, following its advice on films and series to watch, we listen to Spotify and suggested playlists, we watch “For you” TikTok videos. Amazon tells us the products we “might like” or the restock of those that are running out. Satellite navigation systems save us time by guiding us on alternative routes when there is traffic.
And yet… and yet we all remember the criticisms of the “IO” App (App entirely owned by the Ministry of Finance) in times of Covid: “I don’t want to give up my data!”. In fact, it is much better to give them to a private individual (American, Chinese, Swedish). I don’t know…!!! Here too, we return to the discussion of awareness and the need for a greater digital culture.
Regulations and regulations
Louis: There are usually three subjects involved in privacy: the data holder, the person who receives consent to the processing and the third party who will receive the data. Each of these three parts has a well-defined role, rights and duties. However, the system does not currently provide for the presence of a “sentient” device in possession of a user’s personal data. So how should this new device be framed? And how should it be regulated?
Furthermore, regarding the purposes of the processing, in the privacy policy, the purposes for which the data are collected and processed cannot be changed without requesting consent from the interested parties again. However, a computer equipped with AI could independently change these purposes.
And finally data security, which is the area of greatest concern in the combination of privacy and AI. All computer systems and therefore also artificial intelligence algorithms can be hacked. Vulnerabilities and cyber attacks can compromise data security and privacy. It is essential to take robust measures to protect sensitive data and prevent abuse by malicious third parties.
Alexander: In the digital environment, where regulations are constantly updated, companies must remain agile and informed about legislative changes. A proactive approach to regulatory compliance not only helps avoid fines, but can also become a competitive advantage.
However, the feeling is that what happens in sport with the fight against anti-doping is repeating itself, forced to frantically chase the proliferation and spread of new “doping” substances.
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