Data Protection, Artificial Intelligence and Cognitive Services: Is the General Data Protection Regulation (GDPR) ‘Artificial Intelligence-Proof’?

Abstract

AI - in its interplay with Big Data, ambient intelligence, ubiquitous computing and cloud computing - augments the existing major, qualitative and quantitative, shift with regard to the processing of personal information. The questions that arise are of crucial importance both for the development of AI and the efficiency of data protection arsenal: Is the current legal framework AI-proof ? Are the data protection and privacy rules and principles adequate to deal with the challenges of AI or do we need to elaborate new principles to work alongside the advances of AI technology? Our research focuses on the assessment of GDPR that, however, does not specifically address AI, as the regulatory choice consisted more in what we perceive as “technology – independent legislation.

The paper will give a critical overview and assessment of the provisions of GDPR that are relevant for the AI-environment, i.e. the scope of application, the legal grounds with emphasis on consent, the reach and applicability of data protection principles and the new (accountability) tools to enhance and ensure compliance.

Keywords: Artificial Intelligence; GDPR; Privacy; Profiling; Transparency; Ethics