Artificial Intelligence Risks To Privacy Demand Urgent Action – Bachelet

GENEVA (15 September 2021) – UN High Commissioner for Human Rights Michelle Bachelet on Wednesday stressed the urgent need for a moratorium on the sale and use of artificial intelligence (AI) systems that pose a serious risk to human rights until adequate safeguards are put in place. She also called for AI applications that cannot be used in compliance with international human rights law to be banned.

“Artificial intelligence can be a force for good, helping societies overcome some of the great challenges of our times. But AI technologies can have negative, even catastrophic, effects if they are used without sufficient regard to how they affect people’s human rights,” Bachelet said.

“The higher the risk for human rights, the stricter the legal requirements for the use of AI technology should be,” the UN Human Rights Chief said. “But as it can take time before risks can be assessed and addressed, States should place moratoriums on the use of potentially high risk technology.”

As part of its work* on technology and human rights, the UN Human Rights Office has today published a report that analyses how AI – including profiling, automated decision-making and other machine-learning technologies – affects people’s right to privacy and other rights, including the rights to health, education, freedom of movement, freedom of peaceful assembly and association, and freedom of expression.

“Artificial intelligence now reaches into almost every corner of our physical and mental lives and even emotional states. AI systems are used to determine who gets public services, decide who has a chance to be recruited for a job, and of course they affect what information people see and can share online,” the High Commissioner said.

The report looks at how States and businesses alike have often rushed to incorporate AI applications, failing to carry out due diligence. There have already been numerous cases of people being treated unjustly because of AI, such as being denied social security benefits because of faulty AI tools or arrested because of flawed facial recognition.

The report details how AI systems rely on large data sets, with information about individuals collected, shared, merged and analysed in multiple and often opaque ways. The data used to inform and guide AI systems can be faulty, discriminatory, out of date or irrelevant. Long-term storage of data also poses particular risks, as data could in the future be exploited in as yet unknown ways.

“Given the rapid and continuous growth of AI, filling the immense accountability gap in how data is collected, stored, shared and used is one of the most urgent human rights questions we face,” Bachelet said.

The inferences, predictions and monitoring performed by AI tools, including seeking insights into patterns of human behaviour, also raise serious questions. The biased datasets relied on by AI systems can lead to discriminatory decisions, and these risks are most acute for already marginalized groups.

“The risk of discrimination linked to AI-driven decisions – decisions that can change, define or damage human lives – is all too real. This is why there needs to be systematic assessment and monitoring of the effects of AI systems to identify and mitigate human rights risks,” Bachelet said.

“Biometric technologies, which are becoming increasingly a go-to solution for States, international organizations and technology companies, are an area where more human rights guidance is urgently needed,” the report highlights.

These technologies, which include facial recognition, are increasingly used to identify people in real time and from a distance, potentially allowing unlimited tracking of individuals. The report reiterates calls for a moratorium on their use in public spaces, at least until authorities can demonstrate that there are no significant issues with accuracy or discriminatory impacts, and that these AI systems comply with robust privacy and data protection standards.

There also needs to be much greater transparency by companies and States in how they are developing and using AI.

“The complexity of the data environment, algorithms and models underlying the development and operation of AI systems, as well as intentional secrecy of government and private actors are factors undermining meaningful ways for the public to understand the effects of AI systems on human rights and society,” the report says.

“We cannot afford to continue playing catch-up regarding AI – allowing its use with limited or no boundaries or oversight, and dealing with the almost inevitable human rights consequences after the fact. The power of AI to serve people is undeniable, but so is AI’s ability to feed human rights violations at an enormous scale with virtually no visibility. Action is needed now to put human rights guardrails on the use of AI, for the good of all of us,” Bachelet stressed.

Read the full report here

See also: High Commissioner’s statement on the implications of the Pegasus spyware to the Council of Europe on 14 September 2021

*Visit the OHCHR page on the Right to Privacy in the Digital Age: http://www.ohchr.org/EN/Issues/DigitalAge/Pages/DigitalAgeIndex.aspx

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