The AI Act and Data Protection: The Interplay Between Artificial Intelligence and Data: The AI Act and the GDPR
摘要
This chapter examines the intricate relationship between the European Union Artificial Intelligence Act (AI Act) and the General Data Protection Regulation (GDPR), exploring their synergies, tensions, and regulatory implications. As AI systems rely on vast amounts of personal data, ensuring alignment between AI governance and data protection frameworks is crucial for safeguarding fundamental rights and regulatory consistency. The AI Act, while primarily a product safety law, introduces obligations related to transparency, accountability, and human oversight, intersecting with the GDOR provisions in data minimisation, automated decision-making, and privacy by design. The chapter critically assesses the challenges posed by AI’s reliance on personal data, including the debiasing exception, conformity assessments, and fundamental rights impact assessments. It also evaluates enforcement complexities, particularly the coordination between national supervisory authorities under both regulations. Given the AI Act’s adoption and imminent enforcement, the chapter advocates for ongoing dialogue to refine regulatory approaches and ensure that AI development remains both innovative and ethically sound within the EU’s legal landscape.