Hogan Lovells 2024-2025 AI Trends Guide - Flipbook - Page 9
Embedding privacy practices in AI
Authors
AI development and use often relies on substantial processing
of personal data, making it essential for developers and users to
find effective, yet practical, ways to address myriad privacy issues.
Existing global laws, and the regulators enforcing those laws,
already dictate privacy compliance obligations, so understanding
how to address unique compliance challenges in the AI context—
such as fairness, transparency, data minimization, and accuracy—is
increasingly becoming a business priority.
Mark Parsons
Partner
Hong Kong
Eduardo Ustaran
Partner
London
In practical terms, this requires product teams to work together with
privacy legal counsel throughout the AI lifecycle, from incorporating
privacy by design to mitigating privacy risks in training, deployment,
and ongoing monitoring. Key considerations for any organization
include - confirming the organization has provided sufficient notice
and obtained the necessary rights to use personal data to train AI tools
or to process personal data using AI tools.
At the outset, organizations should conduct formal privacy
assessments, such as a legitimate interest assessment or a data
protection impact assessment, to evaluate the lawfulness of the
processing and identify potential risks (such as bias or inaccuracy).
The assessment should lead to risk mitigation measures, including
seeking consent or implementing data minimization techniques and
mechanisms for individuals to exercise available rights. Establishing
a consistent documented approach to assessing, mitigating, and
monitoring privacy risks is critical to complying with privacy laws
and reducing privacy exposure for deployed AI tools (and defending
an organization’s AI choices, if tested). The key to navigating these
challenges is to adopt effective practices that support AI innovation,
while meeting business objectives and promoting compliant, forwardthinking, and privacy-protective activities.
Additional
resources
Alyssa Golay
Senior Associate
Washington, D.C.
Morgan Perna
Senior Associate
Washington, D.C.
Spotlight
Guide
Podcast
Tips for Orgs Facing AI Data
Privacy Compliance Challenges
How to prepare for evolving
global AI legislation
Scraping the surface | What you
need to know about data scraping
