THE PROTECTION OF INDIVIDUALS AGAINST PRIVACY-INVASIVE AND DISCRIMINATORY INFERENCES UNDER EUROPEAN LAW: FROM THE GENERAL DATA PROTECTION REGULATION AND THE DIGITAL CONTENT AND SERVICES DIRECTIVE TO THE ARTIFICIAL INTELLIGENCE ACT
Author(s)
Date Issued
2024
Type
article
Start Page
861
End Page
880
Abstract
Inferences are information relating to an identifiedo r identifiahle natural person
generated using machine learning techniques, allowing prohahilistic correlations
hetween input data to he discovered and predictions made in new cases. Inferences
carry many risks: they are inherently uncertain, predictions are only as reliable as
the data on which they are based, and inferences can he used to nudge and manip-
ulate individuals. It is essential to prevent these risks, and where they materialise,
provide appropriate protection. This paper examines whether current European
legislation adeuitately addresses these issues. The first task is to classifjy inferences to
determine whether they fall within the onicept of personal data and are this covered
by European personal data laws. This analysis considers bath possibilities- treating
infeirnces as personal and non-personal dMata - andifevaluates the relevant regulatory
frameworks, including the General Data Protection Regulation, the Proposal for
a Regulation on Privacy and Electronic Communications, Digital Content and
Services Directive, and the Artificial Intelligence Act.
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