With little regulation and sometimes outright deception, the possibility of discrimination and other “data harms” is high
Imagine calling a suicide prevention hotline in a crisis. Do you ask for their data collection policy? Do you assume that your data are protected and kept secure? Recent events may make you consider your answers more carefully.
Loris AI, a company that uses artificial intelligence to develop chatbot-based customer services products, had used data generated by the over 100 million Crisis Text Line exchanges to, for example, help service agents understand customer sentiment. Loris AI has reportedly deleted any data it received from Crisis Text Line, although whether that extends to the algorithms trained on that data is unclear.
We surveyed 132 studies that tested automation technologies, such as chatbots, in online mental health initiatives. The researchers in 85 percent of the studies didn’t address, either in study design, or in reporting results, how the technologies could be used in negative ways. This was despite some of the technologies raising serious risks of harm.
In policy, most U.S. states give special protection to typical mental health information, but emerging forms of data concerning mental health appear only partially covered. Regulations such as the Health Insurance Portability and Accountability Act do not apply to direct-to-consumer health care products, including the technology that goes into AI-based mental health products.
Crunch enough data points about a person’s behavior, the theory goes, and signals of ill health or disability will emerge. Such sensitive data create new opportunities for discriminatory, biased and invasive decision-making about individuals and populations.
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