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Generative AI Introduces New Privacy Risks: How Data Privacy Laws Can Help February 22, 2024

by Maureen Donohue

The technological advances of generative artificial intelligence (AI) bring tremendous benefits to organizations. They also raise significant privacy concerns. Thus, while we embrace AI’s opportunities, we must keep in mind the potential dangers inherent in its use.

Traditional AI focuses on detecting patterns, classifying data, or detecting fraud. Generative AI, a subset of AI, uses patterns and existing datasets to generate new data and information using algorithms and machine learning techniques, including automated decision-making.

Generative AI introduces new privacy concerns due to its capacity to process personal data and generate potentially sensitive personal information that could be unintentionally exposed or misused.

Generative AI introduces new privacy concerns due to its capacity to process personal data and generate potentially sensitive personal information that could be unintentionally exposed or misused. Personal data includes names, addresses, and contact details inadvertently collected during interactions with AI systems.

Both existing and emerging privacy frameworks apply principles to protect data regardless of whether it is generative.

Fortunately, both existing and emerging privacy frameworks apply principles to protect data regardless of whether it is generative. Notably, globally accepted privacy principles such as data quality, data collection limitation, purpose specification, use limitation, security, transparency, accountability, and individual participation apply to all systems processing personal data, including training algorithms and generative AI.

The European Union’s General Data Protection Regulation (GDPR) provides specific guidance on the use of AI and protects individuals’ personal data. It requires that organizations handle personal data responsibly, ensuring its security, confidentiality, and proper use. It further requires organizations to implement appropriate technical and organizational measures to protect personal data from unauthorized access, data breaches, and cybersecurity threats.

Compliance with GDPR and other data privacy laws will help mitigate privacy risks associated with AI systems.

Compliance with GDPR and other data privacy laws will help mitigate privacy risks associated with AI systems by requiring organizations to:

  1. Implement privacy-by-design principles, embedding privacy considerations throughout the development and deployment of AI systems. They include anonymizing data, minimizing data collection, and applying data protection measures.
  2. Prioritize transparency and user consent to ensure individuals understand the data collection and processing activities associated with AI systems. In addition, application of robust data security practices, including encryption, access controls, and regular audits, is essential to protect personal data from unauthorized access or data breaches.
  3. Monitor and comply with existing data privacy regulations, adapt to evolving privacy requirements, and address any potential privacy risks that arise from the use of AI.

AI is here and it’s here to stay. As the use of AI continues to grow exponentially, we must be ready to keep it in check and in alignment with accepted principles.

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