Predictive policing has been used to calculate and forecast future crimes. Yes, although it sounds quite futuristic, but it has been used by various private and public organizations. The City of Santa Cruz, California was one of the first state governments that tried to implement this technology in an effort to stop crime. Predictive policing works by using machine-learning algorithms to calculate the possibility of future crimes. It uses mathematics and data analytics to evaluate information and make systematic predictions. It can also use artificial intelligence technology to reach the results. However, after some time, its public officials stopped their efforts to prevent racial inequality. Predictive policing raises several legal issues that will be addressed in this article.
First, there could be a problem with negligent police activity. We know that, once access is granted to a database of private or confidential information, it is highly probable that someone will abuse it. In other words, an agent may use that information in the wrong way. The technology has not proven to be effective in the sense that crime can be predicted. So, the police officers may engage in activities that would constitute harassment instead of protecting the public. C.C.P. § 527.6 defines harassment as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” So far, predictive policing’s technology has not been able to specify who, when, where, what, how, or why future crimes can take place. It has not been able to tell the specific location of the future crime. So, for these reasons, it could be abused that could lead to negligent policing activities.
Second, there could be a problem when the private or confidential information is used to violate someone’s privacy. Invasion of privacy is a cause of action where the plaintiff sues the defendant for violating his or her privacy rights. The elements for public disclosure of private facts are as follows: (1) defendant publicized a matter regarding the private life of the plaintiff; (2) the publicized matter would be highly offensive to a reasonable person; and (3) it is not of legitimate concern to the public. In addition, invasion of privacy may occur if there is an intrusion upon someone’s seclusion. The prima facie elements for this cause of action are: (1) defendant intruded into plaintiff’s private affairs, seclusion, or solitude; and (2) the intrusion was objectionable to a reasonable person.
Third, there could be a problem when the private or confidential information (e.g., name, address, date-of-birth, social security number) is not secured by using the proper safeguards – e.g., firewall, encryption, two-factor authentication. In addition, an Intrusion Detection and Prevention System (“IDS”) should also be installed on the network to avoid problems. Cybersecurity is one of the key components to safeguarding electronic information. There have been multiple incidents where the bad actors have gained access to private and confidential information without authorization. In most cases, the companies failed to use the standard security measures such as encryption technology. Please refer to https://www.csoonline.com/article/2130877/the-biggest-data-breaches-of-the-21st-century.html for more information. These cybersecurity breaches caused a significant amount of monetary damages to the targeted companies and their customers. Therefore, it’s crucial for companies to implement proper safeguards and regularly update their security protocols.
Our law firm assists clients in matters related to privacy and cybersecurity and the state, federal, and international laws. Please contact our law firm to speak with an internet attorney at your earliest convenience.