Artificial intelligence (AI) has burst strongly into the business fabric, offering an unprecedented transformation into processes, productivity and decision making. From predictive analysis tools to automated customer service systems, through the implementation of algorithms for talent management or financial risk assessment, AI has become a strategic ally for organizations. However, this enthusiasm must be balanced with an essential legal and ethical reflection: how do we guarantee the protection of intimacy and fundamental rights in an increasingly automated business environment?
The use of AI frequently implies the massive treatment of personal data, including especially sensitive data such as biometric. Despite the attractiveness of automating processes such as signing with facial recognition or intelligent video surveillance systems, these developments pose a high risk to people’s rights and freedoms, which requires extreme caution.
The current regulatory framework in data protection, with the General Data Protection Regulation (RGPD) as the main reference, it establishes that every treatment must have a clear and specific legal basis. In the business environment, the base is usually the legitimate interest or the execution of a contract, but when we enter the field of intrusive or highly automated technologies, this legal base can be insufficient if it is not accompanied by a prior evaluation of impact on data protection (DPIA), and the implementation of technical and organizational measures that guarantee the rights of the interested parties.
The future artificial intelligence law prepared by the Government of Spain, in the development of the European Regulation of recently approved, adds a new layer of obligations for companies. This rule, even in the draft phase, incorporates a sanctioning regime that can reach Millionaire fines for those who use AI systems in prohibited uses or without the required guarantees. Among these venated uses are, for example, systems that manipulate human behavior subliminal or those that evaluate people based on their social behavior, as a kind of “social credit” in the Chinese style. It also establishes specific requirements for the systems considered “high risk”, such as those used in biometric identification, human resources, administration of justice, health or education.
From a practical point of view, companies must adopt as soon as possible to the use of risk -based AI. This implies classifying systems according to their potential impact on fundamental rights, carrying out internal audits, establishing codes of conduct and guaranteeing the traceability of automated data and decisions. In addition, they must incorporate ethical committees or, at least, establish human supervision protocols on decisions that have significant effects on people.
Ethics, in fact, cannot be outside the business strategy in the use of AI. Having clear ethical guidelines, inspired by principles such as transparency, non -discrimination, security and accountability, is not only a growing normative demand, but a factor of business confidence. In an environment in which consumers, investors and employees are increasingly sensitive to the responsible use of technology, acting with responsibility is not a ballast, but a competitive advantage.
The challenge of harmonizing technological innovation and respect for fundamental rights is not less. But it is not new either. We have lived it with the big data, Social networks, the use of cookies or teleworking. What differentiates AI is its ability to amplify human decisions, even replace them, which requires greater control and greater transparency. It is not about stopping progress, but about guiding it with ethical and legal sense.
In this sense, the role of legal advice specialized in compliance Digital and data protection becomes more relevant than ever. It is not enough to comply with the law reactively. Companies must anticipate, integrate the legal perspective from the design of their AI systems, and guarantee a technological governance that minimizes risks and maximizes trust.
Close your eyes to these demands can be very expensive, not only in economic terms for the planned sanctions, but also in reputation and sustainability of the business model. Artificial intelligence is an ongoing revolution. But a revolution, as we know, can build or destroy. The business challenge is not just to use it, but to use it well.
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