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Regulating Privacy And Data Protection In Ai Projects In The Russian And Argentinaстатья
- Авторы: Anastasia Fedorina, Farinella Favio
- Сборник: O direito e os desafios do século XXI: Estudos sobre direito internacional, direitos humanos, solução de controvérsias e direito da tecnologia
- Глава в коллективной монографии
- Год издания: 2022
- Место издания: Brazil
- Аннотация: All we live in a rapidly developing world. Our lives are being transformed by artificial intelligence (hereinafter – “AI”) and sophisticated robots with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. The economic turnover of personal data has become the basis for the development of digital technologies that penetrate into every home and concern each of us. The modern development of technology, on the one hand, and the increased attention of society to the need to protect the rights of objectively weaker participants in the turnover, on the other hand, change the traditional approaches of legal regulation of data. Unfortunately, to this day, we have no a uniform definition of “data”. The problem is that data can take many forms, including words, images, sounds, videos, numbers, maps and charts. They can be aggregated in various forms of datasets, either structured or unstructured, which can be openly accessible or restricted to a few users . In recent years, scholars have emphasised the value which can stem from the processing of such datasets through innovative tools that enable insights and discoveries such as AI . At the same time, we have no a uniform definition of AI too. For example, in the National strategy for the development of AI for the period up to 2030 in Russia , AI is understood as a set of technological solutions that allow simulating human cognitive functions (including self-learning and finding solutions without a predetermined algorithm) and obtaining results comparable, at least, with the results of human intellectual activity when performing specific tasks. The complex of technological solutions includes information and communication infrastructure, software (including those that use machine learning methods), processes and services for data processing and solution search. Anyway, AI is an algorithm-based technology that needs tremendous quantities of data to be properly trained . More specifically, the development of AI relies on machine learning . As a result, AI project requires the analysis and use of a large amount of data, which can lead to a violation of the principle of confidentiality. The modern circulation of personal data requires a combination of creating conditions for the further development of technologies while ensuring the protection of the human right to privacy and poses a difficult task for the law to find appropriate legal approaches. It is necessary to create a regulatory environment that is comfortable for the safe development and implementation of AI and robotics technologies, based on a balance of the interests of a person, society, companies developing AI and robotics systems, as well as consumers of their goods, works, and services. In this respect, many states enact legislation to protect citizens from those who track down their personal data. Two well know examples are the right to be forgotten and personal data anonymization. The human rights protection system will face challenges and threats coming from AI and new technologies. Tools like the analysis of legal doctrine, judicial practice, and law enforcement practice allow us to identify those problems, and help to think out ways to overcome them. AI makes possible to interconnected and crossed personal data, obtaining a overall profile of any person and consequently invading what the english proverb states as “my home, my castle”. Through the irruption of new technologies and thanks to the use of AI, my home is no more my castle, but an open place where anyone can enter, without my permission and not even my knowledge. This is a fact that domestic and international law must address. Our article analyzes features and patterns of the progressive development of legal regulation of personal data in AI projects in the Russia Federation and Argentina.
- Добавил в систему: Федорина Анастасия Алексеевна