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Artificial intelligence and automated decision making: The new frontier of privacy challenges and opportunities
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Abstract: This paper addresses the privacy component of broader artificial intelligence (AI) ethical considerations. We begin with an overview of the regulatory landscape, or lack thereof, and then call out the specific provisions of EU data protection law applicable to AI while focusing on examples of country-specific approaches, including some recent regulatory action. This regulatory action is particularly insightful since it identifies the key challenges that companies face, or will eventually face, when adopting AI-based solutions. These challenges include how to anticipate and prevent bias in automated decision making (ADM) and how to provide transparency to data subjects, despite the complexity of machine learning processes, while protecting business secrets and know-how.
Keywords: artificial intelligence; AI; data protection; data privacy; machine learning; regulations; European Union; GDPR; Artificial Intelligence Act; automated decision making; digital ethics; enforcement
Joseph Srouji is a member of the Paris bar and founding partner of Srouji Avocats. His previous roles include Senior Counsel for Data Protection & Regulatory Affairs at GE Capital, where he specialised in data protection, financial and banking regulation and compliance, and Data Protection Officer for the French Data Protection Authority (CNIL), where he managed data protection for both the GE corporate group and capital businesses in Europe. He also teaches graduate law classes at Université Paris II Panthéon — Assas, where he completed his law degrees.
Stefano Bellè is a law student at Université Paris-Panthéon-Assas in international economic law. He took part in a Double Degree programme in collaboration with the University of Padua (Italy) in Italian and French law — option ‘European and international law’. This project grants him a Bachelor's and Master's degree in Italian law (Laurea magistrale in giurisprudenza), as well as a Master 1 (Maîtrise) in European law and a Master 2 in international economic law.