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Understanding the challenges of AI in Privacy: A Comparative Analysis of the EU, USA, and Asia 

Challenges of AI in Privacy
Understanding the challenges of AI in Privacy: A Comparative Analysis of the EU, USA, and Asia 

Unless you’ve been living under a rock, you might have noticed that the topic of artificial intelligence (or, as their friends call it: “AI”) is all the rage right now. At first sight, it might simply seem like a pretty neat evolution of human society. However, all experts agree such a powerful tool comes with huge stakes, especially regarding the upholding of the right to privacy worldwide. 

It does not get any easier once you realise the vision and interpretation of those two notions – AI on one hand and Privacy on the other – greatly vary across the globe, reflecting diverse cultural, socio-economic, and political contexts, making it quite a strenuous accomplishment to all work together on the subject. 

Let us start easy by having regards to three different regions, the European Union (EU), the United States (USA), and various Asian countries, and the general traits we can distinguish in their approach of the problem. 

AI in the The European Union (EU) 

In the EU, privacy and data protection are viewed as fundamental human rights. To ensure their safeguard, the General Data Protection Regulation (GDPR) serves as a cornerstone, emphasising individual control over personal data. The GDPR mandates organisations to comply in good faith to a certain number of obligations in order to process personal data, and the Regulation also provides the data subject, whose data are being used, rights regarding these data.  

This deeply rooted concern for privacy influences the way the European Union chooses to deal with the development and adoption of AI. Europe adopts a more cautious and regulatory approach to AI, balancing innovation with not only ethical considerations but also societal values, as the future of AI is considered to be a societal question in which the citizen should be heard.  

For this reason, the European Union advocates for “AI with a human touch,” emphasising principles of transparency, accountability, and fairness and a fair amount of regulatory obligations to ensure a safe and respectful use of the technology regarding democracy and the State of Rights. This is exemplified by the adoption of the AI Act where a focus is put on responsible AI governance and human-centred design.  

The intricate relationship between AI and privacy/data protection is further illustrated by the numerous overlapping questions on the application of AI regulation with the GDPR when human information is involved. This highlights the significant importance of legislative norms that a company wishing to develop or incorporate AI tools in the future should take into account. 

To summarise, one could say that the EU envisions the AI development as the following: reflect on it first, build a legislative framework around it to make it safe, then start the innovation. 

AI in the The United States (USA) 

The United States of America have a long-standing tradition of promoting entrepreneurship and self-made men. Much like the first colons who bravely faced the ocean and roamed a mysterious continent to establish colonies and create their nation, risk-taking and innovation are very much well-seen in this country.  

For this reason, AI over there is synonymous with Silicon Valley’s entrepreneurial spirit and enthusiastic technological innovation. Tech giants like Google, Amazon, and Facebook lead the “AI revolution”, driving breakthroughs in machine learning, natural language processing, and robotics. AI applications span diverse domains, from consumer gadgets and virtual assistants to autonomous vehicles and predictive analytics. 

All this research and innovation happens in a relatively legislative-free environment, much like the far-west of yore, in particular regarding privacy and data protection. Some laws do exist but through a sectoral approach with various laws governing specific industries and aspects of data. Privacy laws are more fragmented, lacking a comprehensive federal legislation like the GDPR in the EU.  

However, in the recent years, it has been noted that though Americans generally embrace AI’s potential, there are now growing concerns about privacy violations and data misuse by tech companies1. High-profile scandals, such as the Cambridge Analytica breach Equifax breachs and a change in mentality may be occurring in the next coming years. 

AI on the Asian Continent 

Whereas in the USA, AI development is seen with as a lot of ingenue enthusiasm, in Asia, particularly in countries like China, Japan, and South Korea, AI is embraced as a strategic imperative for economic development and global competitiveness. The research is heavily founded by governments that view it as a catalyst for innovation and growth.  

AI-powered technologies permeate various sectors, from manufacturing and healthcare to finance and transportation. However, this rapid adoption of AI is not necessarily matched with an equivalent development of the protection of privacy. In China, for instance, the government’s extensive investment in AI has been used for massive population surveillance purposes. This has sparked debates about individual privacy rights and data security. This politic of the Chinese government met no legal resistance as the Personal Information Protection Law (PIPL) adopted in 2021 provides a lot of room for authorities to access and use the personal data of citizens.  

Asian countries have diverse approaches to privacy and data protection. Some countries have robust data protection laws, while others are in the process of formulating or updating regulations to keep pace with evolving technologies. 

 However, countries like India are in the process of drafting the Personal Data Protection Bill to enhance privacy and data protection, demonstrating a growing recognition of its importance. 

In other words, though the concern for privacy is real, it should not put a curb on the research and development of the economic stake that is AI.  

Conclusion 

In conclusion, while AI represents a global phenomenon, the first step to tackling the implementation of that tool into our daily lives is to recognise and appreciate the fact that, though we might use the same words, we are actually not always talking about the same subject at all. The interpretations and implications given to “AI” vary across regions, intertwined with concerns about privacy and data protection.  

It is better to realise this before rather than after you’ve just subscribed to an AI tool to curate your pharmaceutical company’s clinical trials results or the address book of your marketing team … and realised all the personal data you’re responsible of is now on free access in some Silicon Valley’s database or authoritative government files!  

Understanding these regional perspectives and their intricacies with privacy and data protection is crucial. It is essential for fostering international collaboration, addressing common challenges, and shaping a future where AI benefits all while respecting individuals’ privacy rights and data security. 

As any good consultant will tell you: your first action should be to properly scope the project!  

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Written by

Jessica Deneet

Jessica Deneet

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