Author: Donrich Thaldar

Riding the AI wave: South Africa’s future lies in AI education

~ Donrich Thaldar

Artificial Intelligence (AI) is no longer a distant concept confined to science fiction. It’s here, and it’s transforming industries, economies, and societies across the globe. As AI technologies rapidly advance, South Africa stands at a critical juncture—either we can sit on the beach and watch the AI wave roll in, or we can grab our surfboards, run into the sea, and ride the wave of innovation. Those surfboards are education. 

A key to South Africa’s success in this new era will be AI literacy and skills. To future-proof our nation, AI literacy and skills must be integrated at all levels—primary, secondary, and tertiary. AI is no longer just for tech experts; being able to use generative AI, such as ChatGPT, effectively and responsibly must become a fundamental part of every South African’s education. We must embrace it as an essential skill, akin to reading or mathematics, and ensure that our educational system is equipped to foster this new literacy.

AI Literacy: The bedrock of future success

South Africa’s recently published National AI Policy Framework wisely emphasises talent development as one of its core strategic pillars, underscoring the importance of equipping South Africans with AI knowledge from a young age. At the primary school level, students should be introduced to the basics of AI, understanding what it is, how it works, and how it will impact the world they are growing into. This foundational knowledge will ensure that children grow up seeing AI as a tool they can control and use creatively, rather than something mysterious or intimidating.

As students progress to secondary school, this AI literacy should evolve. Here, AI tools can assist with critical thinking, problem-solving, and even coding. The goal is to ensure that students not only consume AI-driven technology but also understand how to shape and innovate with it. AI must be integrated across subjects—not confined to computer science classes alone. Imagine students using AI to improve their mathematics problem-solving or to assist in complex history projects. This kind of immersion will prepare them for the challenges and opportunities of the AI-driven future.

At the tertiary level, South Africa has an incredible opportunity to lead the continent. Our universities must prioritise AI research, and industry partnerships should be fostered to ensure students receive real-world training in AI application. The National AI Policy Framework recognises the importance of public-private partnerships, creating a fertile ground for innovation. The universities that make AI a central focus of their curricula will be the ones whose graduates lead the way in both local and global AI developments. This is how we prepare the next generation of leaders—by giving them the skills and knowledge to navigate, and even shape, an AI-infused world.

Normalising responsible AI use

Integrating AI into education isn’t just about teaching students how to use it—it’s about ensuring they use it responsibly. In my experience drafting AI guidelines for academia, I have seen first-hand how crucial it is to balance AI innovation with ethical responsibility. AI is a powerful tool, but it’s only as good as the humans who wield it. South Africa’s National AI Policy Framework wisely emphasises the importance of ethical guidelines, transparency, and fairness in AI systems.

In my own field of law, AI is already transforming legal practice by automating document review, predicting case outcomes, and streamlining legal research. But the role of law schools in this AI-driven future extends beyond merely teaching students how to use these technologies. We must prepare law students to engage with AI critically, understanding its limitations, ethical implications, and the risks of bias or misuse. By equipping future lawyers with AI literacy, we are not just preparing them to use AI tools effectively—we are teaching them to lead responsibly in a world where AI is increasingly shaping justice. This sense of responsibility is crucial not only in legal practice but across all sectors where AI is integrated.

There is also a social challenge: the stigma that still surrounds AI in certain academic circles. Some cling to the misconception that using AI is akin to ‘plagiarism’ or ‘cheating’. Such thinking is fast becoming antiquated. AI, like a calculator or search engine, can enhance learning and research when used properly. Instead of stigmatising the use of AI, we should focus on educating students and researchers about its ethical and responsible use. By demystifying AI and embracing its potential, academia can lead the way in AI literacy and responsible use.

Bridging the digital divide

Of course, there are challenges. South Africa’s digital divide remains a significant barrier to equitable AI adoption. Many rural schools lack the digital infrastructure necessary to even begin conversations about AI education. But this obstacle should not deter us. The National AI Policy Framework addresses this divide by prioritising digital infrastructure development, investing in connectivity, and building a supercomputing infrastructure to support AI research. These efforts, combined with targeted investments in rural areas, will ensure that all South Africans—regardless of their background—can access the benefits of AI education.

Riding the AI wave into the future

AI is rapidly reshaping the future, and faster than we could have imagined. South Africa’s National AI Policy Framework provides a solid foundation by offering the tools and guidance to integrate AI into our education system and beyond. However, the true challenge lies in taking decisive action—ensuring that AI literacy is embedded at every educational level, and that all South Africans have the opportunity to develop the skills needed to succeed in an AI-driven world.

By incorporating AI education into schools, universities, and workplaces, South Africa can position itself as a competitive force on the global stage. We cannot sit on the shore and just watch the wave. We must run into the sea, surfboard in hand, and ride it into a future where South Africa is not only a player but a leader in AI innovation.

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This opinion editorial has been published in The Mercury of 10 October 2024.

Understanding diversity in genetic data

~ Donrich Thaldar

In genetic research, ensuring that data reflects the true diversity of human populations is crucial. Calls for more diverse data arise from the need to improve scientific discovery and address disparities in health outcomes. However, the term “diversity” often lacks clarity, leading to an over-reliance on problematic continental ancestry categories.

In our article, Defining and pursuing diversity in human genetic studies, published in Nature Genetics, my co-authors and I propose a more nuanced approach. Diversity should be seen as a way to achieve specific research goals—whether for scientific discovery, improving health outcomes, or addressing other specific challenges.

Achieving diversity requires careful consideration throughout the research process, from recruitment to data analysis and sharing. It’s not just about representation—sometimes oversampling certain populations may be necessary to achieve the goals of a particular project.

By focusing on the outcomes of research and ensuring thoughtful practices, we can help ensure that the benefits of genetic research reach as many populations as possible.

Amicus Curiae in De Jager v Netcare

~ Donrich Thaldar

I am pleased to announce that I have been admitted as amicus curiae (friend of the court) in the case of De Jager v Netcare. This case deals with the constitutionality of collecting health data through surveillance, a subject that holds significant implications for how personal information, particularly health data, is protected and processed in our legal framework.

The De Jager v Netcare case is a landmark moment in the evolution of health data governance in South Africa. The court’s decision will have far-reaching implications for how personal health data is collected, processed, and protected, particularly in the context of surveillance. It will set a precedent for the interpretation and application of POPIA in cases involving the intersection of privacy rights and judicial processes.

This case also raises critical questions about the balance between the right to privacy and the need for transparency in judicial proceedings. As our society becomes increasingly data-driven, ensuring that our legal frameworks keep pace with technological advancements is essential. The court’s judgment in this case will be instrumental in shaping the future of privacy rights and health data governance in South Africa.

I am honoured to contribute to this important legal discourse and look forward to participate in the court’s deliberations on these crucial issues.

Strengthening data governance in health research: insights from recent advancements

~ Donrich Thaldar

In today’s data-driven world, effective management and governance of health data are more crucial than ever. The research community is continuously evolving its strategies to ensure that data is shared safely, ethically, and efficiently. Two recent articles that I had the privilege of co-authoring—The Anatomy of a Data Transfer Agreement for Health Research and Enhancing Data Governance in Collaborative Research: Introducing SA DTA 1.1—address these pressing issues from complementary perspectives.

Understanding the foundation: anatomy of a data transfer agreement

Data transfer agreements (DTAs) are at the heart of any responsible data-sharing framework. In The Anatomy of a Data Transfer Agreement for Health Research, which I co-authored with Lee Swales and Amy Gooden, we delve into the essential components of DTAs that facilitate the lawful and secure transfer of health data. Our research involved a comprehensive scoping review of 24 publicly available DTAs, focusing on the key clauses that define these agreements, such as data ownership, intellectual property, confidentiality, and dispute resolution.

What became evident through our analysis is that while the specific details of DTAs may vary depending on jurisdictional and institutional needs, there are fundamental elements that should be present in all agreements. The importance of clarity and precision in these clauses cannot be overstated, as they ensure that all parties involved in data sharing have a clear understanding of their rights and obligations.

However, it is equally clear that there is no one-size-fits-all template for DTAs. Each agreement must be tailored to the unique circumstances of the research it governs. This tailored approach helps to navigate the complex legal landscape surrounding data protection and intellectual property, providing a solid foundation for the ethical and efficient transfer of data.

Building on the foundation: introducing SA DTA 1.1

Building on the insights from our analysis of DTAs, Enhancing Data Governance in Collaborative Research: Introducing SA DTA 1.1, which I co-authored with Marietjie Botes, Lee Swales, and Paul Esselaar, represents a significant advancement in the specific context of South African health research. The original SA DTA was designed to provide the South African research community with a robust framework for data transfer, and the feedback we received led to the development of an updated version, SA DTA 1.1.

SA DTA 1.1 addresses some of the more complex issues that arise in collaborative research, particularly around the ownership and management of ‘inferential data.’ This concept, central to the new version, refers to the data generated through analysis, which creates new knowledge or hypotheses not explicitly contained in the original data. By clearly defining when and how ownership rights to inferential data are established, SA DTA 1.1 provides a framework that not only protects the interests of all parties involved but also fosters greater collaboration by reducing the potential for disputes.

The practical application of SA DTA 1.1 is demonstrated through two case studies in our article, illustrating how these updated guidelines can be applied in real-world research scenarios. Whether in a partnership between two universities or a collaboration between a university and a pharmaceutical company, the clarity provided by SA DTA 1.1 ensures that all contributions are fairly recognised and protected.

Why these articles matter

Both of these articles reflect the growing importance of data governance in health research. As we move further into the digital age, the ability to manage and share data responsibly is becoming a cornerstone of scientific progress. Whether you are a researcher, legal professional, or data manager, understanding the nuances of DTAs and the implications of data governance frameworks like SA DTA 1.1 is crucial.

I am proud to have contributed to these discussions and hope that these articles provide valuable insights and practical guidance for those navigating the complex world of data transfer and governance in health research.

These two articles represent significant contributions to the field, and I am excited to see how they will influence the future of data governance in health research.