The interest around the topics of Personal Data Protection, as well as Artificial Intelligence (AI), began to stand out recently. A long time ago the world began to reflect and question the effects of technological advances. Already in 1965, I. John Good was writing about the “intelligence explosion” model, related to the theory of the “technological singularity” talked about by several writers such as Vernor Vinge and Ray Kurzweil, suggesting that the growth of AI would be such that it would become uncontrollable and irreversible, surpassing human intelligence to a great extent. This would be the result of the cycles of self-improvement of one’s own intelligence, that is, it could be surpassed in every minimal improvement that it continually makes, thus reaching a “super intelligence” that would surpass any type of human reasoning.
This concern about the overcoming of the technological over the human leads us to ask ourselves the threats of its possible advance. Is AI regulated? What sanctions are there for those who use it in a risky way? What is taken into account when using our data knowing that it may not be fully controlled?
Although Argentina has tried to move forward with its regulation, there is still no legal framework that regulates the development and use of AI.
On the other hand, the European Union (EU) is making great strides in its regulation. In 2021, the European Commission presented the Draft Regulation on EU Artificial Intelligence, better known as the Artificial Intelligence Law, recently approved by the European Parliament. This project proposes a harmonized regulatory framework to control and monitor the use of AI in its territory, establishing prohibitions on certain practices as well as specific requirements for high-risk systems, among other points.
So how does artificial intelligence influence data protection? As sensitive information is collected and used in this practice, the risk of its use must be managed with regular updates. The project dedicates an entire section to data protection and the risk management system associated with high-risk AI systems, which must be subject to appropriate data governance and management practices, and must be able to be monitored by natural persons in regarding its design and development, its use being transparent to the user. Likewise, they must have technical documentation that records the traceability of the use of the system.
In order to achieve compliance, the Project establishes sanctions of up to 30,000,000 euros or up to 6% of the total annual worldwide business volume of the previous financial year in the event that non-compliance comes from a company.
In any case, it is important to remember that, in the event of possible infringements, the data owner has regulations that currently protect him or her, such as Law 25,326 on the Protection of Personal Data, regulations appropriate to the EU General Data Protection Regulation. , among other provisions applicable to the matter.
Therefore, with leaps and bounds in technology, we consider it urgent to apply regulations that regulate business rules and impose sanctions on those who profit from the use of these systems, in order to protect the rights of users before an intelligence that could not be controlled by us in the not so distant future.
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by CEDOC