Big Data and Artificial Intelligence – An examination of the existing legal framework from a data protection perspective

Abstract

This dissertation examines the legal framework for Big Data and Artificial Intelligence from a data protection perspective. This research aims to contribute to the body of knowledge with regards to present and future legal conditions applicable to the processing of personal data in the context of automated and algorithmic data processing systems. The approach taken was to explain characteristics and identify various potential risks of Big Data and AI, and to provide a comprehensive overview of the existing and proposed legal regime that applies to the processing of personal data when novel technologies are used with a focus on but not limited to the General Data Protection Regulation. The investigation of legal resources showed that the regulation of automated or algorithm-based data processing is not in its infancy, and that existing data protection laws address issues that arise out of the use of Big Data and AI. It also demonstrated challenges and limitations of traditional concepts such as transparency and privacy self-management, and discussed whether and how they could be further developed, including new control mechanisms which may be based on numerous international initiatives that have provided expert guidance and recommendations for the use and regulation of AI.