Artificial Intelligence: A Privacy and Data Protection Dilemma 

Artificial Intelligence (AI) is one of the many wonders of mankind’s invention. It serves as a useful tool in man’s day to day activities and it is a tool that is being used worldwide. Artificial intelligence refers to computer systems that performs tasks commonly associated with human cognitive functions — such as interpreting speech, playing games and identifying patterns.

In simple terms, AI is a technological invention that can carry out certain functions that the human mind and cognitive functions perform.

They can be referred to also as simulations of human intelligence. The motivation for Artificial Intelligence research is to automate tasks that require human intelligence, such as problem-solving, learning, and pattern recognition.

The introduction of AI in human affairs has contributed positively in several ways to human existence. Artificial Intelligence and machine learning technology can be used to analyze data much more efficiently. It can help to create predictive models and algorithms to process data and understand the potential outcomes of different trends and scenarios.

Moreover, the advanced computing capabilities of AI can also speed up the processing and analysis of data for research and development, which could ordinarily take too long for humans to review and comprehend.

The developments in AI technologies from basic machine learning to advanced deep learning models have made it capable to solve complex issues, from fraud detection and personalized customer interactions to weather forecasting and medical diagnosis.

Artificial Intelligence is helping businesses across industries.Regardless of the amazing inputs AI has brought about in society, there are several downsides and negative side effects of reliance on this revolutionary invention. There is lack of creativity as a result of great dependence on AI to generate finished works or ideas for individuals who are too lazy to put their thinking box to good use.

Also the introduction of Artificial Intelligence can affect the employment of persons; it may even cause some job losses as human services would no longer be needed because there is an Artificial Intelligence to carry out the task well without errors. For instance, robots are utilized to replace human resources in businesses in some more technologically advanced nations like Japan .

However, the focus of this essay is on how artificial intelligence is a threat to data protection and privacy. Artificial Intelligence as already established has found itself in almost every sphere of man’s activities, and most times it requires personal data of individuals to function.

Privacy is a very crucial thing for every individual hence it is even guaranteed by the Nigerian Constitution. Section 37 of the Constitution of the Federal Republic of Nigeria provides:

“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

This right privacy of citizens becomes threatened when the information provided to the artificial intelligence gets into the wrong hands. Once this sensitive information gets into the wrong hands, a lot can go wrong, like blackmailing. This situation has already played out in Australia where the artificial intelligence breached the privacy of citizens.

The Australian commissioner for information and privacy Angelene Falk found that Clearview AI Incorporated, breached Australians’ privacy, by scraping biometric information from the web and disclosing it through the Clearview AI’s facial recognition tool. Clearview AI’s facial recognition tool has database of more than three billion images taken from social media platforms and other publicly available websites.

The tool allows users to upload a photo of an individual’s face and find other facial images of that person collected from the internet.

Artificial Intelligence creates an electronic network where everything that regards a specific user is connected to the network. Having in mind sensitive information is at the risk of being exposed or may fall into the wrong hands.

There is the growing trend, refined approach to technology, especially mobile technology which seeks to build an ecosystem through synchronization across devices anchored on a user account, e.g. Google account, Apple account, Microsoft account, Samsung account etc.

These in turn requests and obtain personal data from users, provide users with mechanisms (like Google drive or Onedrive for storing photos) for storing personal and sensitive information. This raises the concerns as to the extent the tentacles of AI systems could reach, especially as AI systems are increasingly integrated into tech ecosystem.

One instance of AI misuse due to privacy violations in Nigeria involved the Nigerian government’s utilization of facial recognition technology to identify and monitor peaceful demonstrators during the #EndSARS protests in 2020. Supplied by a Chinese firm, the technology drew criticism for encroaching on protesters’ privacy and freedom of expression.

In a separate case in 2021, a Nigerian fintech entity named Okra was found accessing customers’ bank account details without their consent. Utilizing an API, the company gained access to bank account information from various Nigerian banks without proper authorization from customers.

Furthermore, a data breach occurred at the Nigerian National Petroleum Corporation (NNPC) in 2019, exposing personal data of numerous job applicants. The breach was linked to a vulnerability in the corporation’s online recruitment platform, developed by a third-party firm utilizing AI-based software.

Another incident involved Opay, a Nigerian mobile payments company, in 2020, accused of unlawfully gathering and processing users’ personal data. Opay employed AI algorithms to analyze user data, including call logs, contacts, and SMS messages, to evaluate their creditworthiness.

Although Nigeria has a Data Protection Act, 2023, this act does not really address the issue of artificial intelligence and data protection, although its primary objective is to protect the rights of citizens as regards their personal and private data or information.

This goes to show that there’s a need to draft a legislative instrument that would draw the line as to the use of Artificial intelligence and its apparatus, as Nigeria has no legislative instrument that is regulating the new world of artificial intelligence.

Recommendations
1. Education and sensitization: There should proper education of citizens on the subject of artificial intelligence. A good number of Nigerians have no idea what artificial intelligence is and how it affects their daily lives.

Nigerians should be sensitized as to the proper use of AI, the kind of information that should be made available to Artificial Intelligence and the dangers that may occur as a result of negligent dealings with the artificial intelligence. This would help in curbing the risk of breach of privacy and would aid in the protection and sealing of data by Nigerians.

2. The making of a proper legislation on artificial intelligence: The enactment of a law to regulate artificial intelligence in Nigeria would help in restricting, regulating and providing guidelines for the use of AI. For instance, Brazil has their legislation tagged as Bill No. 872 which is a law regulating Artificial Intelligence.

The document, a 900 page document, outlines the right of the users interacting with Artificial Intelligence systems and provides guidelines for categorizing different types of artificial intelligence based on the risk they pose.

From the foregoing, one can conclude that artificial intelligence itself should not be a threat. If it is properly regulated, AI can serve as a tool leading humanity into the next generation of technology, we just have to adapt to it and control the creation.

 

About the Author

Ejuvwevwo Oghenerume is a Law graduate of Delta State University, who has dedicated his time in school to loving the law and seeking for its development. He was the campus director for LIFIN representing Delta State University. He was the Chief Judge of the Lawsan Jural Court, Delta state University.

He has served in many leadership positions and is still serving. He is a legal writer, who has gotten several awards and recognition including Top 100 LIFINITES of 2023, Top 30 rising stars by the LIFIN awards

Facebook: Oghenerume Ejuvwevwo

Whatsapp: 09032938453

LinkedIn: OGHENERUME EJUVWEVWO

Gmail: [email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *