Inferential Privacy and Artificial Intelligence - a new frontier? -
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The growing use and sophistication of artificial intelligence (AI) permits the generation of increasing volumes of inferential data about individuals, including data that may be privacy invasive. The generation of such data poses challenges to our existing regulatory models, including under EU’s General Data Protection Regulation. This article focuses on privacy and data protection law and associated guidance applicable in England and Wales. It considers how inferential data is generated and describes some relevant regulatory challenges this poses including in relation to the principles of fair and lawful processing, transparency, privacy by design and the purpose limitation. It considers relevant causes of action under the law of England and Wales where intrusive insights are generated and proposes that the field of “inferential privacy” is one that is ripe for further development from an academic and legal perspective.
Abstract
The growing use and sophistication of artificial intelligence (AI) permits the generation of increasing volumes of inferential data about individuals, including data that may be privacy invasive. The generation of such data poses challenges to our existing regulatory models, including under EU’s General Data Protection Regulation. This article focuses on privacy and data protection law and associated guidance applicable in England and Wales. It considers how inferential data is generated and describes some relevant regulatory challenges this poses including in relation to the principles of fair and lawful processing, transparency, privacy by design and the purpose limitation. It considers relevant causes of action under the law of England and Wales where intrusive insights are generated and proposes that the field of “inferential privacy” is one that is ripe for further development from an academic and legal perspective.
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