The Atlanta Lawyer February / March 2019 | Page 12

The Future of the Law
By Heather Kuhn
3L Student at Georgia State University
College of Law
The buzz around data privacy,
data security and artificial intel-
ligence has ebbed and flowed in
some form within the public con-
sciousness since as early as 1949
when George Orwell published
the book, “1984” warning of the
presence of "Big Brother." How-
ever, with the passage of both the
European Union’s General Data
Protection Regulation (“GDPR”)
in 2016 and the California Con-
sumer Privacy Act (“CCPA”) in
2018, these topics are back front
and center. The existing regula-
tory frameworks now have teeth
for enforcement making their
mark on professionals, consum-
ers and businesses worldwide.
Now, the impending question for
many lawyers is: what does the
future hold?
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February/March 2019
In case you’re in the camp that
is unfamiliar with these regula-
tions, let me take a step back and
explain data privacy, data security
and artificial intelligence very
broadly.
data privacy regulation, protect-
ing the privacy of citizens’ data is
the ends now, and the means to
do that is through data security
methods.
Artificial Intelligence
Data Privacy v. Data Security
Data privacy and data security
often get lumped together but
are not the same. Data privacy
focuses on the use and gover-
nance of personal data, whereas,
data security is concerned with
the confidentiality of information
within a technical infrastructure
(think: IT department). Data
privacy extends further than the
scope of data security to consider
all uses from the creation of per-
sonal information to deletion.
With the passage of additional
Artificial intelligence (“AI”) can
be an intimidating phrase, but
it is used in technology that you
likely see regularly in a variety
of aspects of your life – Netflix
curating recommended shows;
Google Maps showing you traffic
on your commute home; and a
smart robotic vacuum helping
clean your home. In the simplest
explanation, AI makes it possible
for machines to learn from past
experiences, modify the behavior
based on new information and
then perform the task. In the legal