This Saturday 2nd September, marks 100 days of GDPR and, while it may be a step in the right director for consumer rights, John Buyers, a Partner specialising in artificial intelligence at international legal practice Osborne Clarke, believes the regulation has hot a roadblock in terms of artificial intelligence:
John Buyers, Partner Specialising in Artificial Intelligence at Osborne Clarke:
“GDPR has certainly been an important step in the right direction for consumer rights within the European Union but when it comes to AI, the regulation hits a bit of a roadblock. For example, in any given scenario, we are currently technologically incapable of understanding how or why machine learning systems have come to the decisions they’ve come to – and that’s the problem when you’re applying GDPR principles. GDPRimplicitly assumes that all technology is white box but that’s not necessarily the case. Machine learning solutions are inherently black box.
“Another issue with AI is that Article 22 of GDPR states that if you use automated decision making, you cannot rely on legitimate interest as a lawful basis for processing.
“So while the aims of the legislation are laudable, there is a wave of technological adoption in relation to machine learning that I think is unassailable, and it’s going to happen whether or not the GDPR is in place. Businesses, therefore, will need to be more creative in the way they tackle GDPR, and regulators will need to be more flexible in how they apply the principles under GDPR.”
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