In May 2022, the Future of Privacy Forum (FPF) launched a comprehensive Report analyzing case-law under the General Data Protection Regulation (GDPR) applied to real-life cases involving Automated Decision-Making (ADM). Our research highlighted that the GDPR’s protections for individuals against forms of ADM and profiling go significantly beyond Article 22 – which provides for the right of individuals not to be subject to decisions based solely on automated processing that produces legal effects or significantly impacts them, and are currently being applied by courts and Data Protection Authorities (DPAs) alike. These range from detailed transparency obligations to applying the fairness principle to avoid situations of discrimination and strict conditions for valid consent in ADM cases.
As EU lawmakers are now discussing the amendments they would like to include in the European Commission (EC)’s Artificial Intelligence (AI) Act Proposal, what lessons can be drawn from GDPR enforcement precedents–as outlined in the Report–when deciding on the scope and obligations of the Act?
This blog will explore: the link between the GDPR’s provisions as relevant for ADM and the AI Act Proposal (1); how the AI Act’s concepts of providers and users fare compared to the GDPR’s controllers and processors (2); how the AI Act facilitates GDPR compliance for the deployers of AI systems (3); the opportunities to enhance or clarify obligations under the AI Act through the lens of ADM jurisprudence (4); the overlaps between GDPR enforcement precedents and the AI Act’s prohibited practices or high-risk use cases (5); the issue