The interaction between the AI ;;Act
and the General Data Protection Regulation (GDPR) risks creating
legal uncertainty that may need to be addressed through a reform
of the GDPR or further guidance.
This warning has been launched in a European Parliament study on
the regulation of algorithmic discrimination in the AI ;;Act and
the GDPR.
The AI ;;Act, which came into force in August 2024, aims to
promote human-centered, trustworthy and sustainable AI, while
respecting the fundamental rights and freedoms of individuals,
including the right to protection of personal data.
One of the main objectives is to mitigate discrimination and
bias in the development, deployment and use of so-called
high-risk AI systems, i.e. systems that can potentially have a
negative impact on the safety of individuals or their
fundamental rights.
We are talking about AI systems that evaluate for example
whether a person is able to get a certain job or a loan to buy
an apartment.
The law allows the processing of special categories of personal
data, based on a series of conditions (for example, privacy
protection measures) to identify and avoid discrimination that
could occur in the use of these new technologies.
The GDPR, which imposes limits on the processing of particular
categories of personal data, could prove restrictive in a
context dominated by the use of AI in many sectors of the
economy, and in the face of mass processing of personal and
non-personal data, experts note that "a shared uncertainty seems
to prevail" on the interpretation of the provision contained in
the AI ;;Act on the processing of special categories of personal
data to avoid discrimination.
"A reform of the GDPR or further guidelines on its interaction
with the AI ;;Act - suggests the study - could help to resolve
these problems".
photo: European Commissioner for Justice Didier Reynders holds a
press conference to comment on the harmonisation of procedural
rules and stronger enforcement of the GDPR in cross-border
cases, at the EU Commission in Brussels, Belgium, 04 July 2023
ALL RIGHTS RESERVED © Copyright ANSA
