Current Trends in Privacy Law: How Growing Legal Initiatives Affect Data Collection.
Increasing globalization and developments in Artificial Intelligence (AI) have prompted conditions regarding individual data collection to change. As such, Privacy Law must adapt to protect individuals from improper data collection. At present, there are numerous privacy regulations implemented to help facilitate the legal storage of intelligence. However, fundamental issues have developed regarding AI and international data collection, specifically concerning how legal institutions can continue regulating their practices. Without substantial alterations to the currently established legal system, consumers run the risk of extensive privacy and information breaches.
Artificial Intelligence is an increasingly unknown and developing form of technology. As with various domains AI affects, privacy law will require a new initiative to combat possible discrepancies and abuses as it pertains to data regulations. As Cameron Kerry (2020), a leading expert in AI and Privacy developments, explains: “As artificial intelligence evolves, it magnifies the ability to use personal information in ways that can intrude on privacy interests by raising analysis of personal information to new levels of power and speed.” Additionally, AI has been expanded into everyday programs including facial recognition, biometrics, and other unique technological identifiers to help facilitate and improve these programs; however, this comes at a cost as it extends to a branch of privacy concerns not yet addressed in previous cases.
Artificial intelligence is extremely volatile, spanning its effects on various domains. As such, privacy lawyers will have to find ways to combat these magnified capabilities at an increasing speed in order to ensure the least amount of privacy breaches take place: “With the growing use of artificial intelligence and machine learning in data processing, regulators are paying closer attention to the privacy implications of these technologies” (Koneru 2024). This is a delicate process as often, “predictive policing could disproportionately affect minorities” (Kerry 2020). This will require careful attention to the effects of Privacy laws and sampling data to understand how growing AI affects not only individuals but social, economic, and underrepresented groups.
However, many organizations and legal initiatives have already begun to combat and research AI’s effect on this field. For example, the EU’s AI Act 11 is an upcoming initiative to regulate AI systems and ensure they are developed and deployed “responsibly and transparently” (Koneru 2024). However, it is also important to recognize that these legal regulations will differ between governmental jurisdictions: it is important to analyze how society will begin to regulate the international distribution of data, not just as it pertains to AI, but specifically involving cross-national borders.
As with a number of other issue areas, increasing globalization impacts how current privacy regulations are implemented on a broader, international frontier. Domestic governments, although possibly implementing similar jurisdictions, have individual programs regarding Privacy Law that rarely extend beyond their national borders. For example, the General Data Protection Regulation is a European Union governing program in contrast to the Digital Personal Data Protection in India, both of which aim to regulate data collection but do so under different regulations and legal constraints (Dewitte 2024). Additionally, some countries, such as India, Kenya, and South Korea, have one overarching data protection program whereas others, such as the United States, have multiple regulations for distinct issue areas because of the different regulatory bodies in each state, such as the Children's Online Privacy Protection Act.
Although historically, these domestic regulatory measures were adequate protection initiatives, as society continues to digitally globalize, legal privacy professionals must adapt and create transnational and international legal systems of data management and regulations. Although this is a growing initiative, and current programs facilitating this are few, there are some applicable examples of current legislative protections. For example, The United Nations Trade and Development (UNTAD) group is currently facilitating international cooperation and greater research on transnational data protection.
As with many legal advancements, Privacy Law must continue to develop as society evolves and new inventions and technological discoveries occur. Although this is a new area of jurisdiction, data protection– specifically with the development of AI and the increase of international data transfers – requires such developments to be made in order to continue to protect individuals from improper data acquisition. This development is an entirely natural part of the legal process and only becomes a concern when complacency happens in the law in the midst of societal growth. “Unless we want to see the right of access being gradually watered down, active pushback [from lawyers, government bureaucracies, and individuals] is necessary” (Dewitte 2024). Thus, it is imperative legal scholars continue to adapt and research how privacy law can be extended and utilized.
Sources
Dewitte, Pierre. 2024. “Chronicling GDPR Transparency Rights in Practice: The Good, the Bad and the Challenges Ahead” International Data Privacy Law 14 (2): 106-133 https://doi.org/10.1093/idpl/ipad026
European Parliament. 2024. “Artificial Intelligence Act: MEPs adopt landmark law” Artificial Intelligence Act: MEPs adopt landmark law | News | European Parliament (europa.eu)
Kerry, F. Cameron. 2020. “Protecting Privacy in an AI-driven world” Brookings. Protecting privacy in an AI-driven world (brookings.edu)
Koneru, Gagan. 2024. “The Evolving World of Data Privacy: Trends and Strategies” ISACA The Evolving World of Data Privacy: Trends and Strategies (isaca.org)
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