What must be considered when processing personal data in connection with artificial intelligence?
Appropriate legal grounds
First of all, the processing must be based on appropriate legal grounds.
It is important to mention that it can vary which authority applies depending on whether the processing of personal data is carried out in connection with the development of AI or whether the AI is intended to make decisions on the rights and obligations of individuals. This needs to be defined right from the beginning.
When artificial intelligence works with health data or political opinions, the data protection legislation makes even more demanding requirements for the processing. At the same time, certain additional conditions must be observed for the processing.
Principles of the Data Protection Act
All processing of personal data should always be carried out with due care and in accordance with the so-called principles of the data protection act. In this context, particular attention should be paid to the fair and transparent processing of personal data. Care should be taken to:
that the use of artificial intelligence does not lead to discrimination between groups based on non-issues
that individuals are informed about the processing that is carried out using artificial intelligence
The principle of transparency, along with other principles such as proportionality and reliability of data, has proved difficult to meet due to the nature of artificial intelligence.
Compliance with other rules of the data protection legislation, where appropriate
However, other provisions of the data protection legislation need to be considered as appropriate. In this context, the following points can be mentioned:
deciding on the responsibility of the processing
the data protection rights of the individuals concerned are respected
if personal data is being transferred outside of the EU
whether there is a need to do an DPIA
compliance with the provisions of the Data Protection Act regarding safety measures
