The legal aspects of AI - Data privacy aspects

In our new series we present the legal aspects of using AI in advertising, such as the the privacy protection aspects and regulations, in this article we gathered the data privacy aspects of using AI technology.

Firstly, it is important to emphasize that artificial intelligence does not represent a new purpose of data processing, but rather a tool used by data controllers to achieve their defined data processing purposes. In this regard, the provisions of the GDPR must be taken into account and applied in the context of AI systems just as they are for any other technology-based data processing. Therefore, when applying AI systems, it is necessary to have appropriate legal basis, lawful data processing purposes, and to ensure that data subjects are well informed, as well ensuring their rights.

In relation to generative AI systems, one of the biggest data privacy issues arises from the fact that during the application of artificial intelligence, it is difficult or rather impossible to trace what processes occurred within the "black box" of the AI systems until the decision was made, and what data, including personal data the system used. In certain cases, this may violate two fundamental principles of the GDPR: firstly, the requirement of transparency, which means that data subjects should receive adequate information about processing their personal data, and secondly, the principle of data minimization, which means that personal data should be adequate, relevant, and limited to what is necessary for the purposes of processing. Therefore, data controllers creating and operating generative AI systems and services may face significant challenges in how to limit the personal data entered during the "learning phase" and how to inform data subjects about the personal data used and its sources.

In our new series, Lawyer Dr. Gábor Keszey gatheres the most important legal aspects of using AI in the creative industry, in the first part he introduces the topic, then he explains the current ruling of the European Union, then he presents the precedent-like ruling of the Italian government.  On our weKNOW content platform we dicuss the ethical problems appearing aroud using AI, but we also show what you can expect in the digital and creative advertising in 2024 and how weCAN agencies have been using AI in their dialy work, both the media and creative side too.