Author : Zainub
The Fourth Industrial Revolution, finally, will change not only what we do but also who we are. It will affect our identity and all the issues associated with it: our sense of privacy, our notions of ownership, our consumption patterns, the time we devote to work and leisure, and how we develop our careers, cultivate our skills, meet 1 people, and nurture relationships.”
AI could be the single largest technology revolution in history. Just like electricity did 100 years ago, AI will have a large impact on human life. The AI revolution is one of the most important transformations of our lifetime, with the potential to change almost all aspects of life. There is an increasing consensus about AI’s transformational impact on the human society, that it will improve almost all aspects of human. Much of the technology behind AI was developed over the past 70 years by computer scientists such as Alan Turing, Marvin Minsky and John McCarthy. AI is a set of technologies that enables machines to act with high intelligence and do things like perceive the world around them. He gathers information around him and has the ability to make appropriate decisions. Although this artificial intelligence system sounds useful at first glance; was a threat to a person’s privacy. A huge amount of personal data is stored as digital data that the artificial intelligence mechanism uses with a view to improving living standards, Our personal information, from our fingerprints to our credit card transactions to our daily schedules, is being collected and compiled with the help artificial intelligence thereby invading a person’s privacy. In this fund, the article tries to analyze the invasion of the privacy by AI and the bad impact of it. Even the government has adopted AI mechanisms which is creating disbelief in their actions. There is almost no salvage that regulates these aspects on the national platform or on the international platform. The document focuses on India and lack of any legislation so far to protect the privacy of a person.
Keywords: Artificial Intelligence; Right to Privacy; Data Protection; Government.
AI is probably going to possess an enormous impact on our lives. Its impact is probably going to be bigger than the internet’s. Many artificial intelligence applications are already familiar, such as conversational voice recognition and natural language processing. Other implementations are less well known. Many applications of artificial intelligence are already known, such as speech recognition, natural language processing and self-driving cars; other implementations are less well known but are increasingly being implemented, e.g. B. Content analytics, medical robots, and autonomous warriors. Extract information from unstructured data. Millions of terabytes of data about the real world and its inhabitants are generated every day. Much of it is noise with little obvious meaning. The goal of AI is to filter noise, find meaning, and ultimately with greater precision and better results than humans can achieve alone. The emerging intelligence of machines is a powerful tool for solving problems and creating new ones.
Advances in artificial intelligence not only usher in a new era of computers, but also pose new threats to social values and constitutional rights. The threat to privacy posed by social media algorithms and the Internet of Things is well known. Democracy itself.1 recent events illustrate how AI can be “armed” to corrupt elections and poison people’s trust in democratic institutions. Technologies, the law needs time to catch up. In fact, the first AI-focused Congressional hearing was held in late 2016, 2 more than half a century after the military and academia began serious research.
The digital age has broken up many social norms and structures that have developed over the centuries. Among them, basic values such as privacy, autonomy and democracy stand out. These are the foundations of liberal democracy, the power of which was unprecedented in human history in the late 20th century. The technological advances of the turn of the century promised a bright future for human wellbeing, but then signs of danger emerged. The internet has spawned social networks whose privacy devaluation has been profound and seemingly irreversible. (IoT)It has advantageously automated many functions concurrently leading to ubiquitous monitoring and control of our daily lives. A product of the Internet and the IoT is the emergence of “big data” and data analysis. These tools enable the ingenious and covert modification of the behaviour of consumers, viewers and the resulting loss of autonomy in personal decision-making is no less severe than the loss of privacy.
Perhaps the best social cost of the new technological age of artificial intelligence is the erosion of trust and control over our democratic institutions. Cambridge Analytic’s “psychographic profiling” of Face book users during the UK and US elections in 2016 are some of these cases. Cases of voter manipulation are not the only threats AI causing to democracy. As more and more public functions are privatized, the exteof constitutional rights diminishes. The further transfer of these functions to artificial intelligence enables hidden decision-making that is protected from public scrutiny and control. For example, predictive policing and AI convictions in criminal matters can reinforce discriminatory social practices, but in similar algorithmic biases occur in other areas such as credit, employment, and insurance decisions. “Machines are already given the power to make everyday decisions that change people’s lives.” And they do so without transparency or accountability.
RIGHT TO PRIVACY-
Nariman J. introduced the constitutional foundations of privacy in the preamble as follows: “The dignity of the individual encompasses the right of the individual to develop his or her full potential. And this advancement can only take place if an individual has autonomy over fundamental decisions and control. on the dissemination of personal data that can be violated by unauthorized use of this data.
The right to privacy is not specifically guaranteed by the Constitution of India, but the courts have interpreted that it is protected by Article 21 of the Constitution. The right to privacy is not an absolute right, but it can be subject to reasonable restrictions in the interests of sovereignty and integrity. India, national security, friendly relations with foreign states, public order, decency or morality or in relation to disregard of the court, defamation or instigation of crime. The case of Justice K. Puttaswamy (A.D.) vs the Indian Union is a vibrant victory for the right to privacy. In this case, the constitutional validity of the Indian biometric identity scheme Aadhar card was questioned. This was the turning point in Indian history as a right to privacy has been upheld by the country’s highest court. The nine judges unanimously agreed that the right to privacy is protected as an integral part of the right to life and personal freedom under Article 21 and as part of the freedoms guaranteed by Part III of the Constitution.
There is a gap in India’s data protection laws. Section 43 A of the Information Technology Act mandates that if an organization deals with sensitive personal data, it must ensure reasonable security practices, failure to do so will result in liability and the body will have to pay for the consequences. In addition, many e-government projects rely on large amounts of data, which further exacerbates the data protection problem and raises concerns about data protection.
Justice Sri Krishna Committee gave a ray of sunshine after they enacted new personal data protection bill, giving importance to individual’s consent before sharing or processing data inside and outside
India. And can also demand for deletion of their data and can also practice “Right to be Forgotten” . Failure to comply with the new guidelines will attract penalties ranging from Rs.15 crore or 4% of a company’s turnover.
HOW ARTIFICIAL INTELLIGENCE IS AFFECTING OUR PRIVACY?
One of the biggest reasons for why AI is becoming very attractive is because it’s capability of doing computations quickly than humans. But the advent of increasingly sophisticated artificial intelligence systems and the convergence of many technologies such as artificial intelligence, the Internet of Things (IoT) and the related Internet of Living Things (IoLT) pose serious threats to our privacy and security.
The processing and transfer of large amounts of data about individual and collective behaviour can be done with the help of artificial intelligence. Sensory data such as facial images, voice recordings, vital parameters, DNA of a person can be analyzed and optimized much faster and better than human beings with the help of artificial intelligence and through the use of improved computational algorithms with machine learning capabilities. Despite various privacy and security issues related to artificial intelligence, countries and governments around the world are investing in and developing artificial intelligence technologies, including our genomes, faces, finances, emotions and environment, have exacerbated the privacy problem .The proliferation of AI technologies has affected most areas of our lives. Sometimes AI even retrieve data without our consent or knowledge. Later that data is used for marketing purposes losing one’s secrecy.
AI is affecting one’s privacy in a number of way. Let’s discuss some:
Data Exploitation: Consumers aren’t aware how much data they generate process or share. And with the use of AI much of this information could be exploited easily.
Voice and Facial Recognition: Privacy is compromised as Law enforcements could use the data during investigation.
Identification and Tracking: AI makes it easier for identifying and tracking whereabouts of individual, compromising their anonymity.
Prediction: AI and Machine learning algorithms are being use for predicting sensitive data from non-sensitive data. Persons emotional state whether they are sad, confident, happy and their sexual orientation, political views could easily be predicted hampering their privacy.
Profiling: Data which is collected via AI profiling is easily abused and misused. Data subjects whose personal information is collected are completely unaware and do not even challenge it. Many social media platforms like Google, Apple, Face book, and Amazon compromised data of its users. Likewise to boost their tracking ability law enforcement use Skydrio’s biometric drone.
No doubt AI have made our lives easier and made significant contributions in many areas of our lives. It is used in many fields like transport, health, education etc. The huge amount of data collected can be analyzed with the use of AI, but these technologies could be misused by individuals, businesses, government and non-government agencies.
The best way to protect you is to understand how the technologies work and their effects on our lives. And to address this problem India has come up with Data Protection Bill, 2019, which is still under implementation. The Bill monitored individual’s data privacy and is concerned with same.
With the intention of curbing fake news, revenge porn or other ills government gave 3 months to social media platforms to comply with new rules and regulations. But after month’s whatsapp filed petition in Delhi High court on grounds of violation of privacy as it will affect journalists, activists from state arbitrary actions. And rule is not even in compliance with proportionality test, and moreover to keep the records they have to change their end-to-end encryption and save data of millions of users data from India only.
After that on 18th feb,2021 National Informatics Centre launched an instant messaging app, Sandes.
Union Minister Mr. Ravi Shankar Prasad also raised the issue by stating” What should I say when a women complains about circulation of her morphed pictures on social media or when a mother complains about her daughter’s ex-boyfriend circulation her pictures? Should they be sent to America?”
Let’s see how these Data Protection laws will be implemented and what will come up in future as On one hand, the collection and optimization of data potentially endangers our privacy, and on the other hand, both processes are also susceptible to cyber attacks by governments and non-state actors. Are citizens aware of the data generated in their daily interactions? How will the concept of privacy evolve in the face of extensive cognition and predictive intelligence? The concept of privacy is changing in the digital age and needs to be addressed.