Navigating the Digital Age Carefully: Artificial Intelligence and Personal Data Rights

#### By: Manuel Bautista, Of-counsel Attorney in Habeas Data


Manuel Bautista is an attorney, university professor, and lecturer, holds a Master's in Law and is a specialist in Intellectual Property, Constitutional Law, and Administrative Law, dedicated to Economic Law, personal data protection, and business structuring.

The intersection between the rights of personal data subjects and the data inferences derived from mass data processing using artificial intelligence (AI) methods is a challenge: we need strategies that ensure technological advances can continue on their path of progress and improve people's quality of life without putting the guarantee of rights at risk.

An interesting analogy to explain the potential of artificial intelligence is the story of Aladdin's lamp.

Every time we use one of the websites that give us access to AI providers, we may feel like the character in that story who, by rubbing the lamp, asks for his most cherished wishes. However, artificial intelligence can also be like Pandora's box; depending on how we use it, we will get one result or the other.

A critical aspect of the use of personal data and artificial intelligence is access to personal data considered sensitive and mass data processing that can generate inferences from the results. These inferences could lead to discrimination or distortion in decision-making processes. For example, if an insurance company has access to medical data and, through mass data processing, finds patterns of medical conditions in a particular family group, it could decide to exclude the data subject from insurance policy coverage for certain medical conditions.

We are facing a landscape in which we truly have no control over the data held in different databases. With the massive use of data processing, we have no way of knowing what inferences are being made right now with our personal information.

The challenge is to give data subjects sufficient information about what information is held in public and private databases. Likewise, when data is processed on a massive scale, data subjects must be notified and the inferences resulting from the processing must be communicated transparently.

The key word is inform, with a view to creating data processing that is visible and allows data subjects to know about, and decide on, the information that is the subject of mass processing through artificial intelligence tools.

Do you have any questions about the privacy of your data or the management of your databases? Contact Dr. Bautista by clicking here

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