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10 - AI and Data Protection

from Part III - AI and Liability

Published online by Cambridge University Press:  28 July 2022

Larry A. DiMatteo
Affiliation:
University of Florida
Cristina Poncibò
Affiliation:
Università degli Studi di Torino, Italy
Michel Cannarsa
Affiliation:
Catholic University of Lyon, France
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Summary

This chapter focuses firstly on the impacts of regulation on the prerequisites for AI, i.e. the regulation of data used to train, develop, improve, and control AI, and secondly on the use of AI with regard to certain data. It covers the regulatory aspects derived from data protection and privacy regulations. The chapter explains the implications of AI for data protection and vice versa, on the basis of what is currently the most comprehensive regulatory approach in data protection law, the EU GDPR, but also in the light of the EU Artificial Intelligence Act proposal. Parts of a future EU AI Regulation may overlap with the GDPR, even if the GDPR provisions will continue to apply and remain a guiding regulatory tool. The chapter explains why data protection law has any impact on AI at all and then presents an overview of selected data protection principles and provisions which must be adhered to in the particular context of AI.

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The Cambridge Handbook of Artificial Intelligence
Global Perspectives on Law and Ethics
, pp. 132 - 145
Publisher: Cambridge University Press
Print publication year: 2022

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