The purpose of this document is to provide an overview of how AI, big data and frontier technologies impact rights from the data protection perspective. The newly adopted definition of AI by the Organisation for Economic Co-operation and Development (OECD) states that “an AI system is a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that (can) influence physical or virtual environments. Different AI systems vary in their levels of autonomy and adaptiveness after deployment ” (OECD.AI, 2023).
On the one hand, big data is defined as “high-volume, high-velocity and high-variety information assets that demand cost-effective, innovative forms of information processing for enhanced insight and decision making” (Definition of big data - Gartner Information Technology Glossary). On the other hand, the OECD defines frontier technologies as those which will “reshape industry and communications and provide urgently needed solutions to global challenges like climate change and have the potential to displace existing processes”. Frontier technologies include knowledge technologies such as blockchain, AI, IoT and VR (OECD Science, Technology and Industry Scoreboard, 2017). This section of the deliverable will focus on frontier technologies, as the current regulatory frameworks often do, however these frontier technologies include knowledge technologies.
This document will provide a legal and regulatory analysis of currently applicable and proposed legislation concerning frontier technologies as well as the legal framework applicable to profiling and targeted advertising, and in particular, facial recognition as well as political advertising. It will also provide an analysis of the risks for data transfers to negatively impact democracy and fundamental rights and highlight the risks or challenges and opportunities in terms of rights and democracy with respect to frontier technologies with specific reference to their application in both the public and private sectors.
This deliverable aims to provide an overview of some of the problems which AI and big data pose to democracy from a perspective of government, organisations and companies. The use of frontier technologies by both private and public sector actors has increased and the use is being influenced by the application of big data (ICO, 2013a). The use of such technologies thus has an impact on privacy, data protection and other individual’s rights that are strengthened by different legal and regulatory frameworks (ICO, 2013b).