The European Union wants to bolster tech innovation within the single market as AI is predicted to catapult economic growth, but some legislators, legal experts, and privacy campaigners have expressed fears AI use—as well as definitions of “safe AI” in the planned AI Act—might conflict with the levels of automatic protection expected under the General Data Protection Regulation (GDPR).
Mathilde Gérot, counsel specialising in commercial and regulatory litigation at law firm Signature Litigation, believes there should not be any conflict between the GDPR and AI Act in terms of levels of data protection.
“The GDPR makes it clear it is the data controller who is in charge of ensuring AI systems and data processing complies with the regulation—not data subjects,” she said. “… The AI Act will not change this.”
Gérot added one of the problems consumers face is the potential lack of appetite by some European data protection authorities (DPAs) to investigate or pursue meaningful enforcement over AI misuse.
“Some DPAs are more active than others, which could lead to consumers trying to take action themselves because regulators fail to do so,” she said.