AI-driven applications are increasingly being considered for use during armed conflict. These applications can have profound implications for civilians’ right to privacy. To learn more about these implications and how to mitigate them, Center for Democracy and Rule of Law (CEDEM) and Digital Security Lab Ukraine (DSLU) co-organised an online moderated discussion on “Freedom of Expression and Privacy in times of war: the right way to derogate” on 25-26 May 2022. ECNL’s expert was one of the panellists together with representatives from the Ukrainian Police, Army and the Head of the Expert Committee on AI for the Ministry of Digital Transformation.
In our intervention and during the debate, we addressed questions from civil society and government representatives related to:
- the challenges of the deployment of AI-driven applications in times of war, particularly the use of AI-powered facial recognition tools during martial law, its potential impact on civilians, and how to conduct impact assessments even in emergency periods with meaningful contribution of civil society representatives.
- the possibility for alternative, less intrusive ways to conduct identity checks and for state authorities to adopt risk mitigation strategies – including human rights impact assessments – in terms of use of modern technologies even after the end of the martial law and emergency situation in Ukraine (e.g., regarding the safety of using their "State in smartphone" and overall security of databases operated by automated systems).
Event outcomes: CSOs more meaningfully involved in AI development policies
Following the event, government representatives contacted CEDEM and DSLU, asking them to draft recommendations based on ECNL’s intervention and recommendations. ECNL provided further advice and additional suggestions to be incorporated in the draft text.
In addition, the government representatives also asked CEDEM and DSLU to conduct human rights impact assessments for some of the AI-driven applications that they are developing in the public sector. They also requested advice on the proper mechanism recommended for subsequent storage and removal of data when no longer strictly necessary.
We are pleased that the Ukrainian government was open and willing to receive both our advice and that of our CSO partners in Ukraine as well to start involving them more meaningfully in their AI development policies. We are keen to continue cooperating with all parties upon their request and contribute to the achievement of a safer civic space for everyone.