The legal risks brought about by the use of Artificial Intelligence

In this article, Paula Nogueira, Legal Director of Vigor, and Vice President of the Brazilian Association of the Food Industry (ABIA), discusses the legal and regulatory challenges posed by the increasing use of artificial intelligence.

Posted jeudi, septembre 14 2023
The legal risks brought about by the use of Artificial Intelligence

Just what exactly is "artificial intelligence"?

Lately, the subject of Artificial Intelligence has been receiving a remarkable level of attention, not only in the legal and economic spheres, but also in the wider public discourse. It refers to the inherent ability of machines to develop certain components of human-like cognition.

This encompasses a broad spectrum of activities that revolve around the creation and implementation of computer systems and software with the capacity to perform tasks that, until recently, could only be accomplished by the application of human, and not artificial, intelligence. Among such tasks are, for example, the ability to assimilate, the process of reasoning, the ability to solve complex challenges, decision-making, and a fluent understanding of natural language.

Aartificial intelligence is expanding at an exponential rate constant, and has reached a level of sophistication enabling machines to perform increasingly complex tasks. Artificial Intelligence is being applied more often and in a greater variety of fields.Nowadays there are a considerable number of tools and frameworks available for the application of artificial intelligence, which are undoubtedly widely recognized and used. The role of these tools is of paramount importance as they serve a fundamental function by helping both developers and researchers in the conception, training, and more optimized implementation of artificial intelligence models.

Among the better-known tools in widespread use in Brazil, we can mention OpenAI with its remarkable ChatGPT solution, as well as Google Bard in addition to Jasper and Midijourney, which are less popular in Brazil.

 Selecting the most appropriate artificial intelligence tool to be used depends on the specifics of the project at hand, the relevant application areas, and the individual preferences of the user.

What advantages can the use of artificial intelligence bring us?

Certainly, there are numerous advantages. The application of artificial intelligence in the workplace brings with it a comprehensive range of advantages that have the potential to significantly optimize the efficiency, accuracy, and quality of a wide range of activities.

Delegating repetitive and routine tasks to artificial intelligence solutions frees up professionals to dedicate their time and attention to more complex and creative tasks, creating a more productive and innovative work environment.

It’s worth noting that machines skillfully equipped with artificial intelligence have the ability to process massive volumes of data at remarkable speed, significantly surpassing human capabilities. This performance enables decision-making based on more comprehensive information and allows for an immediate response to changes in the scenario at hand.

Undoubtedly, the implementation of artificial intelligence in the workplace offers a series of advantages that can significantly contribute to improving operational efficiency, the accuracy of results, and the excellence of activities.

What risks are involved in the use of artificial intelligence?

It's important to remember that along with these advancements, various concerns arise, such as ethical, social, and regulatory ones, that need to be analyzed and considered as technology progresses.

When artificial intelligence systems make decisions or take actions that affect individuals or organizations, the question of legal responsibility can arise. It’s challenging to determine who is responsible for actions taken by algorithms, especially in situations where harm or questionable decisions occur. If decisions cannot be clearly explained or justified, dealing with legal and regulatory challenges can be difficult.

Artificial Intelligence algorithms can be trained on historical data that contains bias or discrimination. This can lead to unfair or discriminatory decisions, resulting in legal issues related to discrimination.

The collection and processing of data for training AI models can raise privacy concerns and violations of data protection, especially if sensitive information is used without proper consent.

Not to mention the issues of intellectual property infringement, which can lead to legal disputes over intellectual property rights.

It’s also worth noting that artificial intelligence systems and algorithms are subject to error, damage, and can cause financial losses or other types of negative outcomes. Therefore, negligence issues can arise, leading to legal action.

The rapid advancement of artificial intelligence can lead to uncertainty about how to apply existing laws or create regulations. This can make it difficult to determine clear legal rights and obligations.

To address these risks, it is essential for companies and legislators to work together to develop appropriate regulations and guidelines for the use of Artificial Intelligence, ensuring that it is implemented in an ethical, transparent and responsible manner.

Therefore, it has become imperative for companies to shift focus toward establishing robust internal guidelines and policies, as well as enhancing the skills of employees who interact with artificial intelligence in their daily activities, ensuring that the application of artificial intelligence occurs accurately, while avoiding any potential harm to the organizations.