Artificial Intelligence and the GDPR: Inevitable Nemeses?

Abstract

The rapid development of computer technology over the past decades has brought about countless benefits across industries and social benefits as well—constant interpersonal connectivity is facilitated through numerous communication channels and social media outlets, energy-producing enterprises employ complex machinery management systems for increased efficiency, ease of access and safety, hedge funds make use of high-frequency trading algorithms to engage in trades happening at a fraction of a second, while medical professionals use predictive technologies to diagnose diseases and forecast viral outbreaks. Widespread adoption of technology necessitated the creation of regulatory frameworks that would ensure the safeguarding of rights and regulatory and judicial supervision over the exploitation of high technology. one such framework is the Gdpr, created due to the need for a comprehensive, contemporary legal regime governing the processing of personal data in a time when such data has become a commodity that is traded and sold in return for services or financial gain. However, in the authors’ view, the Gdpr suffers in terms of efficacy in the context of artificial intelligence-based technologies, and full compliance of data controllers and processors employing such technologies is unlikely to be achieved, particularly in regards to the right to information, the general principle of transparency and the right to erasure. The article provides an overview of these issues, including a discussion on the movement towards a regime of data ownership, and proposes legislative amendments as an effective method of mitigating these drawbacks.

Regulating Artificial Intelligence: A Study in the Comparison between South Asia and Other Countries

“…In January 2022 another law, Provisions on the Management of Deep Synthesis in Internet Information Service, was formulated in conjunction with the Algorithm Provisions. This law "includes but is not limited to" text, speech, non-speech, biometric, non-biometric and other virtual contents which aims to combat deep fakes and regulate activities related to the use of deep synthesis technologies, as well as activities that provide technical support to deep synthesis services within Chinese territory, came into force on January 10, 2023 10 . Moreover, the providers are legally obligated to implement precautions that do not hinder users' ability to use the service, while still maintaining appropriate records in compliance with applicable rules 11 .…”

Artificial Intelligence, Value Alignment and Rationality

“…Is that somehow feasible at all? For instance, what kind of rationality would we prefer to rely on in the case of the data protection problem (Kesa & Kerikmäe, 2020)? Again, the traditional one, we suspect.…”

Exploring the Assessment List for Trustworthy AI in the Context of Advanced Driver-Assistance Systems

“…There is a recognized contradiction in ML development between collecting enormous amounts of training data and preserving the privacy of humans that might be included in the data. The introduction of GDPR exacerbated the issue in the EU [14]. In June 2020, the European Parliamentary Research Service published a report on the impact of GDPR on AI [15].…”