Imagine this: you’re strolling down Republic Street, Malta’s bustling heart, and suddenly, you spot a tourist snapping a photo of you. You smile, wave, and continue on your way. But what if, years later, that photo resurfaces online, dredged up by an AI-driven facial recognition system? What if you’ve since changed your mind about wanting your image out there? Welcome to the age of AI and the ‘right to be forgotten’.

The ‘Right to be Forgotten’: A European Concept

The ‘right to be forgotten’ is a European legal concept that allows individuals to request the removal of personal information from search engine results. It was established in 2014 by the European Court of Justice, following a case involving Spanish lawyer Mario Costeja González and Google. But with AI’s rise, this right is facing new challenges.

AI and the Persistence of Data

AI, particularly facial recognition and deep learning algorithms, is making data more persistent and harder to forget. These systems can find and resurface old data with ease, making the ‘right to be forgotten’ a complex issue. For instance, an AI could potentially track your movements across Malta, compiling a comprehensive digital footprint that’s difficult to erase.

Consider the case of Robby Soave, a journalist who discovered that his 15-year-old mugshot had resurfaced online, thanks to an AI-driven facial recognition system. He had long since paid his debt to society, but the AI didn’t care. This is the kind of issue the ‘right to be forgotten’ is designed to address, but AI is making it increasingly challenging.

The Malta Connection

Malta, with its burgeoning tech industry and AI initiatives, is not immune to these challenges. In 2019, the Malta Information Technology Agency (MITA) launched an AI strategy, aiming to make Malta a regional leader in AI. While this is exciting, it also raises questions about how the ‘right to be forgotten’ will be protected in this new scene.

Local laws, such as the Data Protection Act, already provide some protections. But as AI continues to evolve, these laws may need to be updated to better address the unique challenges it poses. For example, should AI systems be required to ‘forget’ data upon request, just like search engines? These are complex questions that Malta, and the rest of the world, will need to grapple with.

with Malta’s increasing popularity as a tourist destination, the issue of data privacy and the ‘right to be forgotten’ takes on a global dimension. Tourists’ data, once collected, can be just as persistent as locals’. So, how does Malta plan to protect visitors’ data rights, especially in the age of AI?

These are not just theoretical questions. They have real-world implications. Imagine a tourist visiting the ancient city of Mdina, their image captured by a facial recognition system, and later used for targeted advertising or, worse, surveillance. This is not science fiction; it’s a very real possibility in the age of AI.

The Way Forward

The ‘right to be forgotten’ is a fundamental right that deserves protection, even in the age of AI. But protecting this right will require a concerted effort from policymakers, tech companies, and the public. It will require updating laws to keep up with technological advancements, promoting transparency and accountability in AI systems, and encouraging public dialogue about the role of AI in our society.

As Malta continues to embrace AI, it’s crucial that we don’t leave the ‘right to be forgotten’ behind. We must ensure that our love for technology doesn’t come at the cost of our fundamental rights. After all, we’re not just building an AI future; we’re building a future for people.

As MITA’s CEO, Tony Sultana, once said, “AI is not about the technology, it’s about the people.” Let’s make sure that, in our rush to embrace AI, we don’t forget about the people.