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Blog Duthler on monitoring AI and Algorithms

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"Oversight of Artificial Intelligence (AI) and algorithms important," Duthler said. Companies and institutions are increasingly using AI and algorithms to better tailor their services and products to customer needs or to optimize their business processes. This is a good development, but many companies and institutions are not taking the privacy aspects sufficiently into account.

Taking privacy into account

In the application of AI and algorithms, personal data may be processed. In addition to testing against the General Data Protection Regulation (Avg) for privacy rights, ethical and legal issues then arise. After all, not everything that is allowed should be wanted. Scientists, including Stephen Hawking, warned of the risks of AI.

What are the requirements?

Before starting AI and algorithms, the Avg often requires a Data Protection Impact Assessment (DPIA). In our opinion, this DPIA should cover the wide range of risks because in addition to protecting personal data, society will also hold a company or institution accountable for ethical behavior. Also, the company or institution must state why the use of AI and algorithms is proportionate.

Why a DPIA for AI and algorithms?

The DPIA becomes the justification for the risks to the rights and freedoms of individuals and the appropriate measures to avoid or control these risks. During the implementation and operationalization of AI and algorithms, the DPIA should always be updated based on new insights. New threats may become known, better controls may become available, or the scope of processing may expand. The DPIA cannot be completed until the retention period of the processing has expired. The development of AI and algorithms is rapid. The sooner a DPIA is started, the sooner risks with controls through security by design and privacy by design can be incorporated into the requirements.

Oversight by the Personal Data Authority

The Personal Data Authority (AP) has indicated in a Feb. 17, 2020 notice that it is tightening its oversight of AI and algorithms. A proper DPIA gives the AP confidence that you are serious about protecting personal data and privacy.

What can Duthler do for you?

You can leverage the knowledge and expertise of Duthler's leading team of professionals with a unique combination of legal, compliance and technical expertise. They turn this knowledge and experience into practical support for your AI and algorithm development.