New technology is springing up rapidly in the equestrian world – but as tech and artificial intelligence (AI) marches forwards, so too should how we think about safety.
The dawn of new tech and the possibilities it brings are exciting. H&H profiled some advancements this week, which spell possibilities to monitor and research horses in ways not seen before. The companies mentioned in that news story told H&H just how seriously they take security and safety.
But with technology advancing at pace, and new brands, tech and apps launching all the time, it can be hard to know, as equestrians, what we should be thinking about to keep ourselves, our clients, horses and data safe – and the right side of the law.
Dr David Cowan is a law professor at Maynooth University in Ireland, a research fellow at the University of London, specialising in technology issues, and author of legal text Law and Technology.
“AI has great potential for equestrianism from the individual rider to professional sports and veterinary practice. We can all create ‘smart yards’ now, because smart products are bringing sophisticated horse welfare within reach of all, both in terms of the type of care and in the cost,” he told H&H. “However, the use of apps, digital CCTV and diagnostic and performance tools also means that legal duties are part of that reach and should not be ignored. Happily, with careful attention, the legal risks can be mitigated.”
He added: “In the human world, there are AI-powered medical devices subject to new laws to protect patients, but what of animal devices? The regulatory framework for animal health and veterinary medicine is less robust than their human equivalents. We can draw comparisons, but there is a lot less certainty in the use of diagnostic tools for horses. This is something the industry needs to push on with more.
“There is a difference between using a standalone package that you deploy yourself and one that is used in AI-assisted veterinary care. Vets are increasingly aware that they need to be cautious in practice, and in AI use, an important distinction is whether the AI operates autonomously or has the human vet in the loop.
“You will need to check the terms and conditions of any product you deploy yourself, because where your use affects others, such as clients, legal duties can arise. If a vet is using, providing or recommending AI tools, you will need to ask about the vet’s roles and liability.”
Dr Cowan also raised the question of the use of data.
“AI involves a great deal of generation and use of data. The data is modelled to help you manage your horse’s welfare, but what about when the horse goes lame, suffers illness or dies and you think someone else, a vet or a reckless rider for instance, is liable for what has happened?” he said. “The data collected becomes potential evidence. What if the insurer is denying your claim? The data is potential evidence in litigation against you, just as much as it may provide evidence to support your claim.
“How AI uses algorithms means it is not simply an innocuous piece of software. AI is a learning machine and needs to be fed data, and your data may be a feeding source. It is also the provider’s secret sauce, their commercial secret, and you have no idea how the algorithm operates. While you can ask the vet to explain the rationale for their analysis, this may not be entirely the case with the algorithm.
“The law is not terribly certain because, especially in technology transformation, the boundaries are always being tested and new legislation is regularly required. For instance, an AI tool may be subject to joint and several liability, because AI tends to have more than one developer and provider.
“When something goes wrong you may not readily be able to point the finger at exactly which party is liable. That will lead to projected litigation, which translates into a lot of time and money.”
The legalities surrounding collecting and storing data are also relevant to equestrians – as are legal considerations when it comes to filming.
“Using your smart devices also involves collecting data and this brings a host of legal duties, mostly covered by the UK GDPR [General Data Protection Regulation],” said Dr Cowan.
“As a data controller you need to give notice to a visitor on your website for instance, and you will need to comply with a data subject access request (DSAR) if a client asks, or, be prepared to erase all data where a client has exercised their right to be forgotten. This uses up time and it can cost, especially if you are found non-compliant and fines are applied.
“The use of CCTV may help in horse welfare, performance monitoring and property protection but again this gives rise to legal duties in respect to privacy. The same issues can apply where you make use of drones, which is increasingly the case in yards, farms and other facilities.
“Clear signposting, both online and on physical sites is only part of the solution. You also need to ensure clients and visitors are given the opportunity to object. Online this is done by a notice given before the user can continue to your site. It can be trickier where you have physical visitors, where you may need them to give assent, for instance by a signing-in process.”
‘To preempt, not just to police’
Dr Cowan highlighted how the legalities are not something to be seen as a blocker.
“There is often concern that the legal stuff gets in the way of the relationship stuff. This need not always be the case. Providing clients with an app or pass can cover regular users in the legal sense while at the same time providing a loyalty scheme or an inclusive user experience,” he said.
“Don’t be so quick to complain about the legal requirements, they are there to preempt not just to police, and with a little imagination can be part of a positive experience.
“You also need to realise that all the data you store about yourself and your business is vulnerable to cyber attack. You have data selves wandering the earth, not just stomping around the yard. Likewise, your business has data proxies capable of being operated or accessed across the globe. You need to protect that data for yourself, which is the same reason you need to take seriously your data protection of others.”
For equestrian employers and those involved in organisations in the horse world, this is particularly relevant.
“Anyone who works with you needs a level of security training and monitoring, and reference to this requirement should be included in employment contracts. Where you have membership schemes, such as a Pony Club [branch], you should consider including some security awareness as part of club activities,” said Dr Cowan.
“When an employee leaves, it is essential to change all passwords and protections, just as much as you would ask them to hand back physical keys they have. Hackers are not just other people, it is more common that a cyber attack has been possible because an insider in your business has been careless, resentful or not security aware, so you have the digital equivalent of someone not just leaving the key under a mat but a big sign saying, ‘help yourself!’”
And finally, data security is also something to think about as part of legacy planning.
“Your data, passwords, electronic files and much else that is digital are your digital assets. Just as you need to write a will for your estate, you need to review what is to happen to your digital estate in the event of incapacity or death,” said Dr Cowan.
“There will be family, workers and others who will need access to these assets, including the passwords, and you should be making provision. It is so often something that people forget.”
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