UN Report Raises the Question: Do Governments Have the Tools to Hold AI Firms to Account?

At the seventy-sixth session of the United Nations General Assembly, which recently concluded in New York City, US President Joe Biden urged world leaders to focus on "shaping the rules of the world on vital issues like trade, cyber, and emerging technologies." In addressing the same body that adopted the Universal Declaration of Human Rights (UDHR) in the wake of World War II, he asked, "Will we apply and strengthen the core tenets of [the] international system, including the U.N. Charter and the [UDHR], as we seek to shape the emergence of new technologies and deter new threats?" Biden's focus on emerging technologies is particularly pertinent given the speed with which new and emerging technologies such as artificial intelligence (AI) are reshaping our world and our lives, far outpacing our ability to understand their implications for fundamental rights and freedoms -- a trend further accelerated by the COVID-19 pandemic. Biden's remarks came on the heels of a new report published by the Office of the United Nations High Commissioner for Human Rights (OHCHR), The Right to Privacy in the Digital Age, outlining the human rights risks and implications of the widespread use of AI by governments and businesses alike. The report reviews the international human rights legal framework applicable to AI technologies, highlights specific risks in four key sectors (law enforcement, national security, criminal justice and border management; public services; employment; and content moderation) and offers recommendations to mitigate these risks.