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Balancing AI innovation with data protection: A closer look at the EU AI Act
Journal of Data Protection & Privacy,
6
(2),
135-152
(2023)
Abstract
In this paper the authors explore the intricate relationship between artificial intelligence (AI) innovation and data protection within the framework of the EU AI Act.1 This groundbreaking legislation addresses the challenges posed by the rapid advancement of AI to safeguarding individual privacy rights. The paper analyses the EU AI Act's provisions, including in-scope entities, extraterritorial applicability, AI system classification, permitted usage and breach notification. It delves into the protection of individuals' fundamental rights, transparency and consent mechanisms. Ultimately, the study underscores the EU AI Act's significance in shaping responsible AI development amid evolving data protection concerns.
Keywords: artificial intelligence; EU AI Act; AI; data protection; privacy
The full article is available to subscribers to the journal.
Author's Biography
Sean Musch Sean has an extensive background in the entertainment industry (eg film and art) and has a specialism in design. Alongside this, Sean has more than a decade of experience in the professional services sector, including holding the position of a tech accountant for five years. Sean knows about auditing and has helped with an IPO on the New York stock exchange. As well as being a compliance expert, he has deep expertise in implementation aspects of audit and assurance engagements and has been working with the largest global tech MNEs over the past five years.
Michael Charles Borrelli is a highly experienced financial services professional with over ten years of experience. He has held executive positions in compliance, regulation, management consulting and operations for institutional financial services firms and consulted for FCA-regulated firms on strategic planning, regulatory compliance and operational efficiency. In 2020, Michael set up the operations model and infrastructure for a crypto asset exchange provider and has been actively engaged in the Web 3.0 and AI communities over the last four years. He currently advises a host of AI, Web3, DLT and FinTech companies.
Charles Kerrigan is a specialist in emerging technologies including crypto, digital assets, Web3 and AI. He works on corporate finance and venture capital transactions in crypto, tokenisation, NFTs, Web3 and DeFi. He works on consulting projects on blockchain and AI for public bodies, policymakers, standards institutions and corporations. The ‘Blockchain Industry in the UK Landscape Overview’ names Charles as a ‘leading influencer in blockchain’. He is part of teams working on investing and setting standards for emtech in the UK, Europe and the US. At CMS he is a Partner in a team that covers emtech. He has roles on the advisory boards of AI and crypto firms and of trade bodies. He is the Editor and Co-author of ‘Artificial Intelligence Law and Regulation’ (Edward Elgar, 2022). He is the Contributing Editor of ‘AI, Machine Learning & Big Data’ (GLI, 2023). He was listed in The Lawyer’s ‘Hot 100 2022’ of ‘most daring, innovative and creative lawyers’.
