Artificial Intelligence: A Social Commentary

Ethical Considerations and Bias in the Day and Age of Big Data

by Erin Dunn Halligan

July 5, 2023

Every day, new statistics emerge across data and leading data scientists, unveiling a landscape of elements considered “open for interpretation” under differing jurisdictions, cultures, and social norms. These interpretations span the gamut across the data of massive global systems, one being healthcare and another, the legal system.

To some, interpretation [within these systems] is a waste of precious healthcare resources. Others believe that interpreting reduces healthcare costs by improving doctor-patient communication.

To Expert Witness and founding board member of the Texas Association of Healthcare Interpreters and Translators, Doug Green, “Interpreting reduces healthcare costs by improving doctor-patient communication. When a language barrier prevents the doctor from diagnosing the patient, he’ll cover himself with extra tests. If you aren’t using qualified interpreters in healthcare, you’re hemorrhaging cash.”

Dr. James Rohack, Immediate Past President of the American Medical Association, agrees. “Look at the common thread in lawsuits: It’s that the patient feels the doctor didn’t adequately explain why he did what he did. Inadequate communication means more tests, but there’s also a higher risk of lawsuits.”

Misinterpretation, Bias & Implications

Implications alongside the ever-increasing potential for this type of bias and misinterpretation loom as more data is added to the existing dataset under what is referred to as “Artificial Intelligence” (or AI) currently booming within our society and global systems.

So what is AI and why do we need it?

Artificial intelligence and machine learning are components that automate manual processes within an organization, taking tasks that commonly require human intervention and instead get support from machines.

Some methods of data collection, however, can cause misinformation and record error. For example, unqualified bilingual staff members can introduce translation errors and bias into data processing during medical practice. Automated data collection presents similar concerns when data is collected or processed improperly or inaccurately.

Employment & Job Displacement (Robots vs. Humans)

So which is better? A chat bot or a human being for proper translation?

“Unlike a computer program, a professional human translator will not only understand it personally, but they will consider the multitude of other ways the target audience could interpret it, not to mention your intentions—and will translate in a way that makes sense, resonates with the audience, and achieves your goals,” says Jost Zetzsche, a translation industry and translation technology consultant and an ATA-certified English-to-German technical translator.

Tom Spiggle, of The Spiggle Law Firm, contends, “Often, a mistake that’s present in something ChatGPT creates won’t be obvious. Instead, the problem might be something like a subtle bias that stems from biased information provided to ChatGPT. This bias could come out despite the best efforts of OpenAI and the users to prevent this from happening.”

The Legal Industry, Attorneys & Precedence

All in all, reliable data is key, especially across huge data systems. Maintaining precedence under case law, for instance, will mandate proper data collection and interpretation underneath attorney expertise. As automated and generative as these new technology advancements are, their existence is vital for proper interpretation and setting of precedence.

According to Suzanne McGee of LexisNexis, “Generative AI and large language models have the potential to transform the practice of law in many different ways. But if they are to be fully embraced, they must be accurate with reliable data to draw on.”

I do not see AI replacing an attorney,” says Joel Murray, an attorney with the law firm of McKean Smith of Portland, Oregon and Vancouver, Washington. He adds, “Clients hire an attorney for the attorney’s knowledge, experience, and ability to interpret and apply legal precedent.

Leveraging Conversational AI to Promote Efficacy across Virtual Agents and Digital Workers

IT and advanced AI employ tactics that govern key functions like error detection, demand modeling, and lead scoring to enhance data accuracy, streamline processes, and predict outcomes. These tactics include elements like “conversational AI,” a component that analyzes conversational context and eliminates bias, data entry error, and misinterpretation, rendering data based on fact as opposed to prediction or presumption.

Conclusion

AI represents global advancement in technology and industry. Efficiency and efficacy, however, should set final precedence across data collection and regulations, regardless of process.

“The technology is moving so quickly, it’s so new that all of us in the industry - even those who are AI experts - are trying to figure it out,” says Danielle Benecke, Founder and Head of Baker McKenzie Machine Learning, laughing. Her own instinct? The lawyer of the future in firms such as Baker McKenzie will focus on using technology to augment human expertise that can’t be replicated in even the most sophisticated AI models. “We call this machine learning-enabled judgment, and it includes the ability to contextualize the law - to tell the client what to do - in the full circumstances of their business, the market and society.”

BY ERIN DUNN HALLIGAN     erin@designcandy.com  |  832-969-1987

Erin Dunn Halligan is a Digital Marketing and Technology Lead, Data Specialist, and seasoned Web Designer (designcandy.com) with 26 years of industry experience in Graphic Design, Marketing, and Communications. Her background includes specialties and expertise in Web Design, Web Development, and Corporate Branding. She has a Bachelor of Arts in Mass Communication from Louisiana State University ("Digital Advertising" degree), a Post Graduate Degree in Data Science and Business Analytics from Texas McCombs School of Business (Credential ID: 14ZPUC3WH7) and is currently finishing a degree in Paralegal Studies under the Texas A&M University International online program.