AI regulation: "We need data protection law first"

14 November 2023; Brittany Kaiser, Founder, Own Your Data, on Policymaker Stage during day one of Web Summit 2023 at the Altice Arena in Lisbon, Portugal.
Brittany Kaiser, Cambridge Analytica whistleblower and founder of Own Your Data campaign, on stage during the Web Summit 2023 in Lisbon on November 14, 2023. (Image credit: Photo by Sam Barnes/Web Summit via Sportsfile)

As expected, the AI frenzy shaped this year's biggest tech conference in Europe, the Web Summit, which took place in Lisbon over three days starting from November 14.

From startups developing innovative products by harnessing the power of large language models (LLMs) to panels exploring risk and opportunity of the most exciting thing in the tech world right now, how to regulate AI has obviously been a big theme throughout the whole event.

However, according to Brittany Kaiser, the Founder of Own Your Data, data privacy protection rules need to be the priority.

How not to regulate AI 

Kaiser spoke about being shocked to see the White House signing off an executive order to regulate AI without having basic definitions of all the pieces that comprise this advanced software. 

"If we are not regulating how personal data is used—custodianship, fiduciaries responsibilities, data ownership, data transfer laws—if we don't have all of that federally, how are we going to start talking about advanced predicted algorithms, or artificial intelligence that is actually the most advanced use-case of basic use of data?" she pointed out during a panel discussing how not to regulate tech, held on the first day of the Web Summit.

Kaiser knows very well the implications of misusing personal data. She was the main whistleblower in the Facebook-Cambridge Analytica scandal. A former employee of the infamous UK political consulting firm, she gave evidence of over 87 million Facebook users who had their data compromised and used to target political campaigns in front of the UK Parliament committee in 2018. Yet, 5 years later, the US still lacks a comprehensive federal privacy law.

According to Kaiser, data protection and privacy have been "weaponized as a political tool." This seemed to have frozen the US legislative path towards privacy. A few States, with California being the best iteration, have now enforced their rules on data collection practices. Federally, though, the ADPPA bill has sat untouched in the pile of proposed acts, at the time of writing, since December 2022

This privacy mess becomes even more convoluted when it comes to regulating AI. 

"Perhaps, if we are lucky, that actually means that we will get data protection definitions in law, because we have to do that first in order to start talking about advanced use of data that is artificial intelligence," said Kaiser.

14 November 2023; Speakers, from left, Brittany Kaiser, Founder, Own Your Data; Mick Mulvaney, Co-chair, Actum; and Jane Wakefield, Freelance, Senior Technology journalist & Media Consultant, BBC, on Policymaker Stage during day one of Web Summit 2023 at the Altice Arena in Lisbon, Portugal.

From left, Brittany Kaiser, Founder at Own Your Data; Mick Mulvaney, Co-chair at Actum; and Jane Wakefield, Freelance Senior Technology journalist & Media Consultant at BBC, on Policymaker Stage during Web Summit at the Altice Arena in Lisbon on November 14, 2023. (Image credit: Photo by Sam Barnes/Web Summit via Sportsfile)

US President Joe Biden signed an executive order at the end of October with directives on safety, privacy, social rights and consumer protections. He called it "the most significant action" towards a safe deployment of AI—The Guardian reported

About a week later, it was the time for the UK Prime Minister Rishi Sunak to invite Biden and many other world leaders to Bletchley Park, Buckinghamshire, for the AI Safety Summit. The two days of talks culminated in the Bletchley Declaration, where the EU and other 28 nations including the US agreed on global efforts to cooperate on AI safety. However, the world's first comprehensive AI law, the EU AI Act, is currently causing disagreements among member states. 

"I really think we are going about this in a completely wrong way," said Kaiser. "It really had to start with the definitions of every single piece of the puzzle. So that, when we start to create new regulations, we can place where the data has been used in the technological process."

Lawmakers, more often than not, don't fully understand how the technology works. Misguided regulations can prevent developers and entrepreneurs from legally harnessing the potential that a software can offer. Or, worse, in some instances they can also make users less safe. 

Talking to the tech community, Kaiser said: "The best type of regulation is regulation that’s formulated with technologists that understand how the technology functions. You understand your technology better than the people who are regulating it. So engage, explain why you support something or you don’t, what you would like to see and do or not, and that’s how we get the best regulation possible."

Chiara Castro
News Editor (Tech Software)

Chiara is a multimedia journalist committed to covering stories to help promote the rights and denounce the abuses of the digital side of life – wherever cybersecurity, markets, and politics tangle up. She writes news, interviews, and analysis on data privacy, online censorship, digital rights, cybercrime, and security software, with a special focus on VPNs, for TechRadar and TechRadar Pro. Got a story, tip-off, or something tech-interesting to say? Reach out to chiara.castro@futurenet.com

Read more
A person holding out their hand with a digital AI symbol.
AI safety at a crossroads: why US leadership hinges on stronger industry guidelines
A hand reaching out to touch a futuristic rendering of an AI processor.
Balancing innovation and security in an era of intensifying global competition
A person holding out their hand with a digital AI symbol.
DeepSeek kicks off the next wave of the AI rush
Hands on a laptop with overlaid logos representing network security
Privacy must be a business priority: the urgent need for investment and action
An AI face in profile against a digital background.
Getting AI right in 2025: control, control, control
An AI face in profile against a digital background.
How to harmonize the complexities of global AI regulation
Latest in Cyber Security
Dark Web monitoring
How users benefit from Dark Web monitoring
The X logo next to a silhouette of Elon Musk
Who was really behind the massive X cyberattack? Here’s what experts say about Elon Musk’s claims
A person holding a phone looking at a scam text with warning signs around
A massive SMS toll fee scam is sweeping the US – here’s how to stay safe, according to the FBI
View on National Assembly building in Paris, France, with French and European flags flying.
France rejects controversial encryption backdoor provision
ignal messaging application President Meredith Whittaker poses for a photograph before an interview at the Europe's largest tech conference, the Web Summit, in Lisbon on November 4, 2022.
"We will not walk back" – Signal would rather leave the UK and Sweden than remove encryption protections
Man uses a laptop in a hotel room
4 ways to avoid misinformation on social media and retain control of your newsfeed
Latest in News
DeepSeek
Deepseek’s new AI is smarter, faster, cheaper, and a real rival to OpenAI's models
Open AI
OpenAI unveiled image generation for 4o – here's everything you need to know about the ChatGPT upgrade
Apple WWDC 2025 announced
Apple just announced WWDC 2025 starts on June 9, and we'll all be watching the opening event
Hornet swings their weapon in mid air
Hollow Knight: Silksong gets new Steam metadata changes, convincing everyone and their mother that the game is finally releasing this year
OpenAI logo
OpenAI just launched a free ChatGPT bible that will help you master the AI chatbot and Sora
An aerial view of an Instavolt Superhub for charging electric vehicles
Forget gas stations – EV charging Superhubs are using solar power to solve the most annoying thing about electric motoring