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Ethics and privacy in AI regulation: Navigating challenges and strategies for compliance
Journal of Data Protection & Privacy,
7
(3),
227-234
(2025)
Abstract
A new summer of artificial intelligence (AI) started a year ago, promising tantalising technical development and efficiencies of scale, while in parallel the Internet is flooded with advice, notes and analysis of AI’s impact and risks. Although the potential use of AI is promising and could help solve very real human challenges, the risks and societal impact are real too. With AI infiltrating all areas of life, such as online platforms, work, healthcare, social services and the justice system, it is essential that it is developed within key safety parameters. Furthermore, it is no secret that for AI to be effective it needs to process vast quantity of data, which is at odds with the General Data Protection Regulation (GDPR) principles of data minimisation. Businesses are repeatedly told to mitigate such risks on fundamental rights, privacy, discrimination, biases, etc. with stringent privacy and AI governance, all within an ethical framework and in compliance with existing legislation. Among the bombardment of information, this paper seeks to provide practical guidelines to comply with existing privacy regulation while implementing safe and trustworthy AI. The first part considers compliance with the GDPR while developing or using AI, while the second part provides practical recommendations in relation to the implementation of an ethical AI framework.
Keywords: ethics; privacy; AI; artificial intelligence; AI regulation; AI ethics; data ethics; compliance
The full article is available to subscribers to the journal.
Author's Biography
Marta Dunphy-Moriel is a multilingual international Privacy Lawyer and Data Protection Officer (DPO). Marta specialises in all areas of data protection and privacy. Her deep sector knowledge and a decade of international experience allows her to work with pan-European and global businesses to achieve compliance. Marta’s interests include artificial intelligence (AI) and privacy issues in the health and health-tech sectors as well as in media and travel. She regularly contributes to professional publications on a variety of privacy and data protection topics, including AI, health and health-tech, children protection, cyber security, travel, etc. Marta is also a regular speaker at sector specialist events as well as client and SCL events. She is bilingual in English and Spanish and fluent in French.
Laura Berton is an expert in commercial, technology law with 20 years’ experience in advising clients on complex commercial transactions, cutting-edge technology and digital legislation. Beyond advising on information technology, outsourcing, cloud computing, software development, licensing, e-commerce and data protection, Laura focuses on digital regulation for online platforms, social media and emerging technologies (artificial intelligence [AI], automation, augmented reality/virtual reality [AR/VR], etc.) and overall helping her clients achieve their growth objectives.
