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? 12 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