In society premised on AI, it is possible to estimate each person’s political position, economic situation, hobbies preferences, etc. with high accuracy from data on the data subject’s personal behavior. This means, when utilizing AI, that more careful treatment of personal data is necessary than simply utilizing personal information. To ensure that people are not suffered disadvantages from unexpected sharing or utilization of personal data through the internet for instance, each stakeholder must handle personal data based on the following principles.
Companies or government should not infringe individual person’s freedom, dignity and equality in utilization of personal data with AI technologies.
AI that uses personal data should have a mechanism that ensures accuracy and legitimacy and enable the person herself himself to be substantially involved in the management of her his privacy data. As a result, when using the AI, people can provide personal data without concerns and effectively benefit from the data they provide.
Personal data must be properly protected according to its importance and sensitivity. Personal data varies from those unjust use of which would be likely to greatly affect rights and benefits of individuals (Typically thought and creed, medical history, criminal record, etc.) to those that are semi public in social life. Taking this into consideration, we have to pay enough attention to the balance between the use and protection of personal data based on the common understanding of society and the cultural background.
III. Privacy and Data Governance
Privacy and data protection must be guaranteed at all stages of the AI system’s life cycle. Digital records of human behaviour may allow AI systems to infer not only individuals’ preferences, age and gender but also their sexual orientation, religious or political views. To allow individuals to trust the data processing, it must be ensured that they have full control over their own data, and that data concerning them will not be used to harm or discriminate against them.
In addition to safeguarding privacy and personal data, requirements must be fulfilled to ensure high quality AI systems. The quality of the data sets used is paramount to the performance of AI systems. When data is gathered, it may reflect socially constructed biases, or contain inaccuracies, errors and mistakes. This needs to be addressed prior to training an AI system with any given data set. In addition, the integrity of the data must be ensured. Processes and data sets used must be tested and documented at each step such as planning, training, testing and deployment. This should also apply to AI systems that were not developed in house but acquired elsewhere. Finally, the access to data must be adequately governed and controlled.
(h) Data protection and privacy
In an age of ubiquitous and massive collection of data through digital communication technologies, the right to protection of personal information and the right to respect for privacy are crucially challenged. Both physical AI robots as part of the Internet of Things, as well as AI softbots that operate via the World Wide Web must comply with data protection regulations and not collect and spread data or be run on sets of data for whose use and dissemination no informed consent has been given.
‘Autonomous’ systems must not interfere with the right to private life which comprises the right to be free from technologies that influence personal development and opinions, the right to establish and develop relationships with other human beings, and the right to be free from surveillance. Also in this regard, exact criteria should be defined and mechanisms established that ensure ethical development and ethically correct application of ‘autonomous’ systems.
In light of concerns with regard to the implications of ‘autonomous’ systems on private life and privacy, consideration may be given to the ongoing debate about the introduction of two new rights: the right to meaningful human contact and the right to not be profiled, measured, analysed, coached or nudged.
6. Principle of privacy
Published by: Ministry of Internal Affairs and Communications (MIC), the Government of Japan in AI R&D Principles
Developers should take it into consideration that AI systems will not infringe the privacy of users or third parties.
The privacy referred to in this principle includes spatial privacy (peace of personal life), information privacy (personal data), and secrecy of communications. Developers should consider international guidelines on privacy, such as “OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data,” as well as the followings, with consideration of the possibility that AI systems might change their outputs or programs as a result of learning and other methods:
● To make efforts to evaluate the risks of privacy infringement and conduct privacy impact assessment in advance.
● To make efforts to take necessary measures, to the extent possible in light of the characteristics of the technologies to be adopted throughout the process of development of the AI systems (“privacy by design”), to avoid infringement of privacy at the time of the utilization.
6. Principle of privacy
Published by: Ministry of Internal Affairs and Communications (MIC), the Government of Japan in Draft AI Utilization Principles
Users and data providers should take into consideration that the utilization of AI systems or AI services will not infringe on the privacy of users’ or others.
[Main points to discuss]
A) Respect for the privacy of others
With consideration of social contexts and reasonable expectations of people in the utilization of AI, users may be expected to respect the privacy of others in the utilization of AI.
In addition, users may be expected to consider measures to be taken against privacy infringement caused by AI in advance.
B) Respect for the privacy of others in the collection, analysis, provision, etc. of personal data
Users and data providers may be expected to respect the privacy of others in the collection, analysis, provision, etc. of personal data used for learning or other methods of AI.
C) Consideration for the privacy, etc. of the subject of profiling which uses AI
In the case of profiling by using AI in fields where the judgments of AI might have significant influences on individual rights and interests, such as the fields of personnel evaluation, recruitment, and financing, AI service providers and business users may be expected to pay due consideration to the privacy, etc. of the subject of profiling.
D) Attention to the infringement of the privacy of users’ or others
Consumer users may be expected to pay attention not to give information that is highly confidential (including information on others as well as information on users’ themselves) to AI carelessly, by excessively empathizing with AI such as pet robots, or by other causes.
E) Prevention of personal data leakage
AI service providers, business users, and data providers may be expected to take appropriate measures so that personal data should not be provided by the judgments of AI to third parties without consent of the person.