Intellectual Property, Information Technology & Cybersecurity

AI & Data Protection: Is GDPR Ready for Retirement?

I. Strengths of the GDPR
The General Data Protection Regulation (“GDPR”), implemented in 2018, has played a vital role in safeguarding personal data in the era of information and communications technologies (“ICT”). As AI technologies continue to advance rapidly, questions arise regarding the effectiveness and adaptability of GDPR in addressing the evolving challenges of data protection. This article examines whether GDPR is ready for retirement or if it requires updates to address AI-related data protection concerns effectively.

Namely, Artificial Intelligence (AI) is defined as a methodology used in machine learning to determine which one of several used models has the highest performance, i.e., a study on how to produce machines that have some of the qualities that the human mind has, such as the ability to understand language, recognize pictures, solve problems, and learn.

If AI starts to learn and solve problems, how does this fit under the main principles of GDPR?

GDPR has brought significant improvements to data protection practices. It has established clear guidelines for organizations collecting, processing, and storing personal data. GDPR ensures transparency by requiring individuals to provide informed consent for data processing and empowers them with the right to access, rectify, and erase their personal information. These principles provided a strong foundation for protecting personal data in the digital era, but questions were raised if these principles are enough in the age of artificial intelligence (“AI”).

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