The GDPR and the AI Act Interplay: Highlights from FPF and Ada Lovelace Institute’s Joint Event

Authored by Christina Michelakaki, FPF Intern for Global Policy

On November 9, 2022, FPF, along with the Ada Lovelace Institute (Ada), organized a closed roundtable in Brussels where experts met to discuss the lessons that can be drawn from General Data Protection Regulation (GDPR) enforcement precedents when deciding on the scope and obligations of the European Commission (EC)’s Artificial Intelligence (AI) Act Proposal. The event hosted representatives from the European Parliament, civil society organizations, Data Protection Authorities (DPAs), and industry representatives.

The roundtable discussion was based on a comprehensive Report launched by FPF in May 2022 analyzing case law under the GDPR applied to real-life cases involving Automated Decision-Making (ADM). This blog outlines the main conclusions drawn by the speakers on four main topics:

the complementarity between the AI Act and the GDPR;the needed clarity on transparency requirements and AI training; the difference between the risk-based approach and an exhaustive high-risk AI list; andthe need for effective enforcement and redress avenues for affected persons.    

FPF’s Managing Director for Europe, Dr. Rob van Eijk, gave opening remarks followed by a short introduction by FPF EU Policy Counsel Sebastião Barros Vale and Ada’s European Adviser, Alexandru Circiumaru

As outlined in a recent analysis on the matter published by FPF, Barros Vale highlighted that:

The AI Act and the GDPR share Article 16 of the Treaty on the Functioning of the European Union (TFEU) as a legal basis, so data protection considerations are important when it comes to regulating AI

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