Digitalization, data economy and artificial intelligence (‘AI’) have become hot topics on the EU’s agenda. With technological innovations such as AI and machine learning, gambling operators gained a powerful tool to systematically monitor players’ behavior and gather their personal data in order to predict their future performance, offer more personalized customer service, render relevant messaging, and implement RG tools. However, the advances in AI, robotics and machine learning usher in all manner of questions regarding consumer and data protection rights. With the recent ‘Cambridge Analytica’ scandal that has undermined consumers’ trust in the operators of digital technology, the question of how to establish a sustainable approach towards AI is now becoming more and more relevant. The advances in machine learning (especially ‘deep learning’) and the so-called ‘autonomous’ systems have also trigged a range of complex ethical considerations. What are the main ethical challenges for the further development of AI and how should lotteries adapt to these new circumstances? Continue reading here
AI is considered to be one of the most important technological advancements that can revolutionize the gambling industry. The technological innovations have opened many doors for unique possibilities to monitor how an individual player interacts with a game, and to react in real-time to his behavioral patterns, and to use this information to enhance the entire player experience. According to some experts, this type of monitoring is already taking place on certain social gaming platforms where in principle a random number generator (‘RNG’) is used . Even though the device is normally designed to generate a sequence of numbers that appear in completely random order, the use of AI enables the operator to adapt the RNG in free games to the player’s style of playing. Thereby the customer is made to believe that due to her skills, she can influence the outcome of the game. The player feels that she is influencing the outcome in spite of the fact that the outcome is actually RNG. Such techniques that aim to encourage players to move into the paid gaming service raise several important ethical questions that should be addressed by lotteries. Deep learning enables machines to ‘learn’ how to perform and look for new data to analyse peoples’ behaviour without human scrutiny. The so-called ‘autonomous’ systems, such as high-tech robotics and software such as bots, function increasingly independently of humans and can execute tasks without any human intervention. Thus, even though new technologies should not mean new values, with respect to the European Union’s common values and fundamental rights, a sustainable framework on AI must be created. EU’s fundamental rights and ethical standards Article 2 of the Treaty on EU provides that “the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.” 1 Respect for private and family life and protection of personal data are also the fundamental rights under Articles 7 and 8 of the Charter of Fundamental Rights of the EU (‘the Charter’).2 Article 7 provides the right to respect for his or her private and family life, home and communications, whereas Article 8 ensures the right to the protection of personal data which must be processed fairly, based upon the consent or legitimate basis laid down by law and for a specific purposes. Further, the Charter provides the right of access and rectification of data.