When Our Machines Learn Us: About the European Union’s Endeavours to Regulate Artificial Intelligence-Based Decision-Making and Profiling

Eszteri, Dániel and Péterfalvi, Attila (2023) When Our Machines Learn Us: About the European Union’s Endeavours to Regulate Artificial Intelligence-Based Decision-Making and Profiling. Journal of Personal Data Protection Law, 2023 (1). ISSN 2720-8745

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Abstract

The first part of the paper examines the compliance of data-driven machine learning and software capable of making autonomous, automated decisions with certain provisions of the European Union’s General Data Protection Regulation (GDPR) applicable from 25 May 2018. We start the topic with a general introduction to the social impact of AI. Next, we outline the basic technological background and some key concepts of machine learning than the legally relevant issues of such data processing. The relevant provisions of the GDPR will be presented later and some questions and possible solutions related to their applicability. In the second part of the study, we present a famous example of the social impact of data-driven automated profiling, thus the indirect influence of voters’ will and consciousness in the so-called Cambridge Analytica scandal, in which the data protection significance of the phenomenon can be very well illustrated. In the final chapter, we briefly present the draft of the EU’s new AI Code and how the new legislation would try to regulate this phenomenon generating more and more scientific and professional debate.

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