Diritto intelligente – Issue N. 3

The European Union stands at a pivotal juncture where the advancement of artificial intelligence (AI) intersects with stringent privacy regulations.

Some EU privacy authorities in the EU are increasingly advocating for explicit consent as the primary legal basis for processing personal data in AI training. While the protection of individual privacy is undeniably essential, making consent the sole avenue could inadvertently stifle innovation. AI systems thrive on diverse and extensive datasets to learn, adapt, and improve. Requiring consent from every individual whose data might be used is not only logistically daunting but could also render many AI projects unfeasible.

The crux of the matter lies in finding a balance between safeguarding personal data and fostering an environment where AI can flourish and the limits in which legitimate interest can be used as legal basis. If the EU adopts a rigid stance on consent, it risks isolating itself in the global AI arena. Competitors like the United States and China, with more flexible data policies, may surge ahead, leaving Europe trailing in technological advancements.

Moreover, the implications extend beyond economic competitiveness. AI has the potential to revolutionize healthcare, transportation, and environmental sustainability – sectors where Europe has much to gain. Overly restrictive data policies could hinder breakthroughs that benefit society at large. It is imperative for policymakers to consider alternative legal bases provided within the GDPR, such as legitimate interest or public interest (that however requires a law maintaining it) exceptions, which could allow for responsible AI development without compromising individual rights. Establishing clear guidelines and robust oversight mechanisms can ensure that AI technologies are developed ethically and transparently.

The EU must navigate this crossroads with foresight. By fostering a regulatory environment that both respects privacy and encourages innovation, the European Union can position itself as a leader in ethical AI development.

The decisions made today will shape not only the future of AI in Europe but also its role in the global digital landscape.