AI’s potential is limitless, but concerns remain about the use of such new technology - Alison Bryce

Artificial Intelligence is now part of our everyday life, whether we realise it or not. Our smartphones and personal devices capitalise on the power of AI to recommend TV shows and music, answer our questions, and help us choose what products to buy. In the business world, AI has emerged to play a pivotal role in helping organisations gain new insights from their data, make decisions and to automate processes.
Alison Bryce is a Partner in the Intellectual Property and Technology team at DentonsAlison Bryce is a Partner in the Intellectual Property and Technology team at Dentons
Alison Bryce is a Partner in the Intellectual Property and Technology team at Dentons

If used correctly, AI technologies have the potential to help us achieve social goals for the greater good of our communities. For example, AI can be used to benefit health and safety by replacing human workers in dangerous jobs, such as in some offshore roles. It can predict weather patterns and provide early warnings of storms. The advanced analytical capabilities of AI can accelerate progress in developing new medical treatments, improving food production to help reduce hunger, or find solutions to environmental and climate change challenges.

AI is clearly one of the most transformative technologies the world has ever experienced with seemingly endless opportunities to implement its technology solutions. It is estimated that around 60 per cent of businesses now use some type of AI. Yet whilst companies clearly recognise its many benefits, such as saving time by automating processes, generating data-driven business information for decision making and reducing human error in processing, many also have concerns about the use of such technologies and its impact.

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At Dentons, we carried out a survey of global business leaders on their organisations’ use of AI as well as on its perceived risks and opportunities. Our findings showed that the majority of businesses are still in the initial stages of their AI journey. They recognise the potential benefits that AI offers but have not yet fully realised its uses across their businesses. They are very much dipping their toe in the water before diving in.

The results of our survey were insightful. Respondents were clear on the advantages of AI – including those listed above – but they also shared their concerns.

From the survey, we found that 81 per cent of participants cited personal data protection as a significant concern, yet only 55 per cent of businesses actually had data protection policies for both personal and non-personal data in place. Further, just under 20 per cent of businesses had a strategy or roadmap for AI, meaning that it is being implemented without proper consideration of the risks, the relevant legislation or the internal controls required to ensure it is well governed.

Some 80 per cent of business leaders reported that they were uncertain about where liability sits for the decisions as well as omissions made by AI systems and 57 per cent had concerns about the potential for discrimination arising from the actions of AI systems.

Depending on the area of law, between 55 per cent and 75 per cent are unaware of relevant legislation in their country, and 63 per cent did not know which public body regulates the area.

We discovered that businesses are urgently looking to regulators to provide protection mechanisms on the use of AI in relation to privacy (61 per cent), consumer protection (52 per cent), criminal liability (46 per cent) and intellectual property (45 per cent).

We are increasingly seeing business leaders asking serious questions about where the responsibility for good governance, regulation and compliance sits. So, on the back of our survey, we are calling for a system of “algorethics” to be established so that the right checks and balances can be put in place. We believe that moral considerations need to become an integral part of the development and use of AI technologies, balancing business objectives with a focus on people.

To help businesses achieve this balance, our Artificial Intelligence Guide provides insights from our lawyers on the legal and regulatory issues that businesses using AI need to address. And because AI is such a critical issue for all organisations, we have created a hub on our website to help clients understand the requirements when it comes to governance, regulation and compliance.

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AI's use as a critical business tool is only going to increase exponentially but businesses must do more to ensure that they understand their responsibilities around AI before they seek to take full advantage of its benefits.

Alison Bryce is a Partner in the Intellectual Property and Technology team at Dentons