Machine Learning with Personal Data

23 Pages Posted: 8 Nov 2016  

Dimitra Kamarinou

Queen Mary University of London, School of Law - Centre for Commercial Law Studies

Christopher Millard

Queen Mary University of London, School of Law - Centre for Commercial Law Studies; Oxford Internet Institute

Jatinder Singh

University of Cambridge - Computer Laboratory

Date Written: November 7, 2016

Abstract

This paper provides an analysis of the impact of using machine learning to conduct profiling of individuals in the context of the EU General Data Protection Regulation.

We look at what profiling means and at the right that data subjects have not to be subject to decisions based solely on automated processing, including profiling, which produce legal effects concerning them or significantly affect them. We also look at data subjects’ right to be informed about the existence of automated decision-making, including profiling, and their right to receive meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing.

The purpose of this paper is to explore the application of relevant data protection rights and obligations to machine learning, including implications for the development and deployment of machine learning systems and the ways in which personal data are collected and used. In particular, we consider what compliance with the first data protection principle of lawful, fair, and transparent processing means in the context of using machine learning for profiling purposes. We ask whether automated processing utilising machine learning, including for profiling purposes, might in fact offer benefits and not merely present challenges in relation to fair and lawful processing.

Keywords: Machine Learning, Personal Data, Data Protection, Privacy, Data Privacy, GDPR, General Data Protection Regulation, Cloud Computing, Lawfulness, Fairness, Transparency, EU, European Union, Logic, Algorithms, Artificial Intelligence

JEL Classification: C45, D81, K2, K19, K20, K29, L86

Suggested Citation

Kamarinou, Dimitra and Millard, Christopher and Singh, Jatinder, Machine Learning with Personal Data (November 7, 2016). Queen Mary School of Law Legal Studies Research Paper No. 247/2016. Available at SSRN: https://ssrn.com/abstract=2865811

Dimitra Kamarinou (Contact Author)

Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/kamarinou.html

Christopher Millard

Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )

67-69 Lincoln's Inn Fields
London, EC2A 3JB
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/millard.html

Oxford Internet Institute

1 St Giles
Oxford, OX1 3JS
United Kingdom

HOME PAGE: http://www.oii.ox.ac.uk/

Jatinder Singh

University of Cambridge - Computer Laboratory ( email )

15 JJ Thomson Avenue
William Gates Building
Cambridge, CB3 0FD
United Kingdom

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