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Artificial Intelligence Law 2021
Jan
25

Artificial Intelligence Law 2021

Artificial intelligence raises unique privacy concerns. First, despite calls for transparency in general privacy laws and frameworks for AI ethics, the results of machine learning AI systems are sometimes hard, if not impossible, to explain. Some compare machine learning results to a black box that produces results without the ability to explain how the system produced them. Second, privacy laws giving individuals rights to an explanation of the results of automated personal data processing pose a compliance challenge. To the extent the law requires companies using machine learning systems to provide an explanation of how they arrived at decisions, but the systems are essentially black boxes, then the companies using such systems may not be able to comply with the law. Finally, some privacy laws establish a right of deletion by which an individual can insist that a company collecting personal data from the individual delete that data. What happens when an individual's personal data is part of a training database used to create a machine learning model and the individual asks for the company to delete all personal data collected from that individual? Does the company have a duty to change the model created with that individual's personal data to remove the effect of the individual's data -- in other words to retrain the model without the individual's data? Or is the existing model beyond the reach of such laws? There is no clear answer under existing law. SVLG Shareholder Stephen Wu will participate in a panel seeking to address all of these concerns.

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