Artificial Intelligence and Data Protection - Observations on a Growing Conflict -
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Artificial intelligence (AI) has rapidly developed in recent years. Today, AI tools are used increasingly by both private and public sector organizations around the globe. The capabilities of AI now and in the near future create widespread and substantial benefits for individuals, institutions, and society. However, these same technological innovations raise important issues, including questions about the tension between AI and data protection laws. As a result, we have both an opportunity and an obligation to examine the effectiveness of current data protection laws in light of 21st-century technological realities. While compliance with existing data protection laws is important, a better long-term approach is to see the challenges presented by AI as another wake-up call that our current approach to data protection is increasingly outdated and ineffective. Viewed in this light, it is data protection law that must be improved if it is to protect privacy, effectively address the challenges presented by AI, and avoid creating unnecessary, bureaucratic barriers to AI’s benefits. Five reforms appear necessary: Shifting from Individual Consent to Data Stewardship A More Systemic and Well-Developed Use of Risk Management A Greater Focus on Data Uses and Impacts A Framework of Harms Transparency and Redress
Abstract
Artificial intelligence (AI) has rapidly developed in recent years. Today, AI tools are used increasingly by both private and public sector organizations around the globe. The capabilities of AI now and in the near future create widespread and substantial benefits for individuals, institutions, and society. However, these same technological innovations raise important issues, including questions about the tension between AI and data protection laws. As a result, we have both an opportunity and an obligation to examine the effectiveness of current data protection laws in light of 21st-century technological realities. While compliance with existing data protection laws is important, a better long-term approach is to see the challenges presented by AI as another wake-up call that our current approach to data protection is increasingly outdated and ineffective. Viewed in this light, it is data protection law that must be improved if it is to protect privacy, effectively address the challenges presented by AI, and avoid creating unnecessary, bureaucratic barriers to AI’s benefits. Five reforms appear necessary: Shifting from Individual Consent to Data Stewardship A More Systemic and Well-Developed Use of Risk Management A Greater Focus on Data Uses and Impacts A Framework of Harms Transparency and Redress
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