This piece has been authored by Ananya Tiwari, Student, Dr. BR Ambedkar National Law University, Sonipat
“Artificial intelligence is not a substitute for human intelligence; it is a tool to amplify human creativity and ingenuity.”
INTRODUCTION
The world we live in is becoming incredibly digital and interconnected, with everything at our fingertips. Artificial Intelligence (AI) is taking center stage in shaping how we create, consume, and protect digital content and ourselves. There is no denying that AI has significantly redefined the traditional concept of surveillance.
We need to keep in mind that extensive data collection is required to train these AI systems. Everything from search queries to purchase history to location data can be fed into algorithms to tune their accuracy. However, as we embrace AI, we must also consider the privacy implications of our reliance on it and how it can affect us, for better or worse.
FOUNDATION OF AI AND DATA
AI is making waves and revolutionizing industries, making it crucial to understand the interplay between AI and data, as AI is fundamentally powered by data. Additionally, an ethical dimension emerges: should AI systems be allowed to store user data without human oversight and consent? The types of data collected range from personal preferences to behavioural patterns, and shape AI’s ability to provide tailored services. This fundamental connection between AI and data lays the base for analysing the privacy implications that follow. As rightly said by Bhaskar Ganguli “Artificial intelligence (AI) technology is becoming increasingly prevalent, from virtual assistants like Siri and Alexa to autonomous vehicles and facial recognition systems. However, using AI technology raises privacy concerns, mainly concerning personal data.” Initially, the availability, quality and integrity of data determines the success of AI and also how reliable it is.
AI SERVICES AND ONLINE PRIVACY
Nowadays, with just a click, algorithms can autonomously produce anything to cater to our needs. However, this convenience has come at the cost of our online privacy. The rapid emergence of artificial intelligence (AI) represents a watershed moment in human history, promising unparalleled advancements across various domains. After the Covid-19 pandemic, the world has increasingly depended on AI as traditional methods have shifted towards digital solutions. Nowadays, AI-driven applications have gained approval to collect and utilize user data for targeted advertising, content recommendations, and even health predictions—capabilities once thought impossible. While these services offer convenience, they also raise concerns about the extent of data collection, potential misuse, and the overall impact on user privacy.
According to data from Crunchbase, over 25% of startup investments in America have gone towards companies specializing in AI. This indicates increasing global trust and dependence on AI. AI, encompassing machine learning and deep learning, has witnessed exponential growth in recent years. While we appreciate the capabilities of AI systems to collect and analyse large amounts of data to provide customized services, there are rising concerns about the privacy and security of user data held by AI applications. The risks of misuse and abuse of this vast trove of data in case it falls into unauthorized or malicious hands cannot be overlooked. There is an urgent need for robust data protection safeguards, cybersecurity measures, and continual human oversight over data access and usage to prevent potential misuse of sensitive user information garnered by AI systems. The onus is on tech companies and governments to ensure transparency, accountability, and high ethical standards while harnessing AI technology through prudent policies and practices that prioritize user privacy and agency.
Harsha Solanki who is an MD at Infobip says “As Artificial Intelligence evolves, it further increases the involvement of personal information, thus proliferating the cases of data breaches. Generative AI can be misused to create fake profiles or manipulate images. Like all other AI technologies, it also relies on data. Cybercrimes affect the security of 80% of businesses across the world, and we understand that personal data in the wrong hands can have monstrous outcomes. We need to take active measures to safeguard the privacy of our customers’ information with authentication using data platforms. “
AI models heavily depend on the quality, quantity, and representativeness of training data. Biased or incomplete datasets can lead to skewed results, limiting the generalizability of AI systems to new and diverse situations.
LEGAL FRAMEWORK OF AI
In the ever-evolving landscape of technology and intellectual property, the intersection of AI and online privacy has given rise to numerous complex and intriguing legal challenges. The developments have ushered in a new era of legal scrutiny and debate, leading to a growing body of landmark cases that seek to establish the legal framework governing AI and the Right to Privacy.
K.S. Puttaswamy vs Union of India (2017)– This landmark judgment of the Indian Constitution has significantly shaped the landscape of privacy rights. The Hon’ble Supreme Court in this case held that the right to privacy is a fundamental right under Article 21 of the Constitution of India. This further has implications for AI systems collecting user data.
Shreya Singhal vs Union of India (2015) – The Hon’ble Supreme Court in this case struck down Section 66A of the Information Technology Act, deeming it unconstitutional for violating online free speech. This judgment is also relevant to AI algorithms that cause discriminatory outcomes, highlighting concerns over fairness.
Antony Clement Rubin v. Union of India (2019)– The Hon’ble Madras High Court held that India’s facial recognition software used for Aadhaar and CCTNS could infringe on privacy, prompting a call for the government to enact a regulatory framework.
Gujarat Urja Vikas Nigam Ltd. v. Essar Power Limited (2016)– The Hon’ble Supreme Court affirmed that breaching confidential data constitutes a privacy breach and upheld the damages claim. This case marked another landmark judgment, as it ventured into the relatively uncharted territory of privacy and AI debates. This case has implications for damages in cases of AI-related data breaches.
FUTURE TRENDS AND IMPACTS
The future promises advancements in AI technologies, including sophisticated machine learning algorithms, natural language processing, and advanced predictive analytics, making AI more dependable across various sectors. However, as dependency on AI increases, so too will concerns regarding the scope and depth of personal information processing. The ever-changing landscape of AI technologies will necessitate the continuous adaptation of privacy frameworks to address emerging challenges.
The future of AI applications is poised to deliver hyper-personalized experiences, tailoring content, recommendations, and services to individual preferences. While these features enhance user satisfaction and user-friendliness, they also intensify the collection and analysis of highly granular user data. Striking a perfect balance between personalization and preserving user privacy will be a critical challenge for businesses and regulatory bodies.
CONCLUSION
As we navigate the intricacies of the digital age, we must thoroughly and carefully consider our approach to the relationship between AI and online privacy. The dialogue surrounding AI and privacy continues, as this new terrain requires extensive exploration and thoughtfulness. Emphasizing the need for collective efforts from the users, corporations, and policymakers. By understanding the fundamentals, addressing the challenges, and embracing mitigation strategies, we can foster a digital future where innovation and privacy coexist harmoniously. This ensures that AI enhances our lives without compromising our fundamental right to privacy.