Privacy and Freedom of Expression In the Age of Artificial Intelligence

Artificial Intelligence (AI) is part of our daily lives. This technology shapes how people access information, interact with devices, share personal information, and even understand foreign languages. It also transforms how individuals and groups can be tracked and identified, and dramatically alters what kinds of information can be gleaned about people from their data.

AI has the potential to revolutionise societies in positive ways. However, as with any scientific or technological advancement, there is a real risk that the use of new tools by states or corporations will have a negative impact on human rights.

While AI impacts a plethora of rights, ARTICLE 19 and Privacy International are particularly concerned about the impact it will have on the right to privacy and the right to freedom of expression and information.

This scoping paper focuses on applications of ‘artificial narrow intelligence’: in particular, machine learning and its implications for human rights.

The aim of the paper is fourfold:

1. Present key technical definitions to clarify the debate;

2. Examine key ways in which AI impacts the right to freedom of expression and the right to privacy and outline key challenges;

3. Review the current landscape of AI governance, including various existing legal, technical, and corporate frameworks and industry-led AI initiatives that are relevant to freedom of expression and privacy; and

4. Provide initial suggestions for rights-based solutions which can be pursued by civil society organisations and other stakeholders in AI advocacy activities.

We believe that policy and technology responses in this area must:

• Ensure protection of human rights, in particular the right to freedom of expression and the right to privacy;

• Ensure accountability and transparency of AI;

Privacy and Freedom of Expression in the Age of Artificial Intelligence

• Encourage governments to review the adequacy of any legal and policy frameworks, and regulations on AI with regard to the protection of freedom of expression and privacy;

• Be informed by a holistic understanding of the impact of the technology: case studies and empirical research on the impact of AI on human rights must be collected; and

• Be developed in collaboration with a broad range of stakeholders, including civil society and expert networks.