AI: Racial Discrimination and the Need for Regulation

Recent developments in generative artificial intelligence and the burgeoning application of artificial intelligence continue to raise serious human rights issues, including concerns about racial discrimination,” said a report.

On August 1, 2024, Ashwini K.P., the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance, unveiled a pivotal report at the Human Rights Council’s 56th session in Geneva. The report examines the significant human rights concerns arising from generative artificial intelligence (AI) and its applications, particularly focusing on racial discrimination.

TECHNOLOGY’S PERCEIVED NEUTRALITY AND ITS IMPACT

Ashwini K.P. challenges the notion that technology is inherently neutral and objective. During her interactive dialogue, she stressed that this assumption allows AI systems to perpetuate racial biases.

“Generative artificial intelligence is changing the world and has the potential to drive increasingly seismic societal shifts in the future,” Ashwini K.P. stated. “My concern lies not in AI’s potential benefits but in its rapid expansion across various fields without adequate safeguards.”

PREDICTIVE POLICING AND RACIAL BIAS

A key example of AI perpetuating racial discrimination is predictive policing. These tools use location and personal data to predict future crimes. Ashwini K.P. highlighted how such algorithms can exacerbate existing racial biases.

“Predictive policing can worsen the historical over-policing of certain communities,” she explained. “Historical focus on these neighborhoods results in overrepresentation in police records, influencing algorithms to predict higher crime rates in these areas and leading to increased police presence.”

HOW PREDICTIVE POLICING ALGORITHMS WORK

The report details how location-based predictive policing algorithms utilize historical crime data to forecast future incidents. This data, often tainted by systemic racism, can skew predictions, leading to further bias.

“Using variables like socioeconomic background and education as proxies for race perpetuates historical biases,” Ashwini K.P. noted.

AI IN OTHER SECTORS: HEALTHCARE AND EDUCATION

The report also discusses the risks associated with AI in healthcare and education. For example, some AI tools in healthcare have race-based correction factors, while educational algorithms can reinforce racial biases by scoring minorities as less likely to succeed.

“In healthcare and education, AI systems often embed and perpetuate racial biases due to flawed data and algorithm design,” Ashwini K.P. said.

Need for Robust AI Regulation

Ashwini K.P. advocates for grounding AI technology in international human rights law standards. She emphasizes the importance of developing AI regulatory frameworks that address systemic racism and ensure comprehensive human rights due diligence.

“States must act urgently to regulate AI, focusing on preventing racial discrimination and ensuring technologies comply with human rights standards,” she recommended.

RECOMMENDATIONS FOR STATES

  • Urgent Regulation: Address AI regulation with urgency to prevent racial discrimination.
  • Framework Development: Create AI regulatory frameworks informed by human rights law and systemic racism.
  • Due Diligence: Implement legally binding human rights due diligence assessments, including criteria for racial and ethnic bias.
  • Prohibition of Harmful AI: Consider banning AI systems that present unacceptable human rights risks, including those fostering racial discrimination.

ROLE OF HUMAN RIGHTS IN AI DEVELOPMENT

UN Human Rights Chief Volker Türk echoed the need to place human rights at the core of AI development and regulation. He acknowledged AI’s potential but warned against its negative societal impacts.

“In high-risk areas like law enforcement, the only option is to pause until sufficient safeguards are introduced,” Türk stated.

While AI holds significant potential for societal impact, effective management is crucial to balancing its benefits and risks. The UN report underscores the importance of integrating human rights into AI regulation to prevent the perpetuation of racial discrimination and other harmful effects.

By placing human rights at the center of AI development, we can ensure that technology serves all individuals equitably and justly.

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