No. 68: Artificial Intelligence and Privacy Laws in the EU and the US: A Moving Target?

Details

Author(s):
Publish Date:
November 28, 2020
Publication Title:
TTLF Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Nikolaos I. Theodorakis, Artificial Intelligence and Privacy Laws in the EU and the US: A Moving Target?, TTLF Working Papers No. 68, Stanford-Vienna Transatlantic Technology Law Forum (2020).
Related Organization(s):

Abstract

Artificial Intelligence has several applications in sectors ranging from healthcare to insurance and financing. The unfathomable potential of big data is exponentially relevant in everyday corporate decision making, be it in a bank loan interest rate, an MRI scan preliminary analysis, or an insurance premium. Artificial Intelligence allows companies to monetize their data, be efficient, and make informed decisions.

However, Artificial Intelligence comes with certain caveats. First, unsupervised machine learning can lead to black box paradoxes, where it is impossible to attribute liability and control for potential computer biases. It is challenging for datasets to be truly anonymous since machine learning allows the association of data points in a way that individuals can most times be re-identified. Data may be retained for an indefinite period of time, whereas it is very difficult to actually grant an access right that an individual may wish to invoke.

The above have led to an interesting debate that revolves around ethics, philosophy, law and technology. The paper will explore how Artificial Intelligence has shaped modern technology, what are the main pros and cons also with regards to privacy, and how both sides of the Atlantic approach this matter.