Nathalie Smuha, ‘The Paramountcy of Data Protection Law in the Age of AI (Acts)’

ABSTRACT
Artificial Intelligence’s data-driven nature renders it undeniably impactful on the rights to privacy and data protection. It is therefore no surprise that Europe’s upcoming AI Act is entwined with regulation that seeks to protect those rights, amongst other EU values. In this article, I dive deeper into the relationship between the AI Act and European data protection law, and seek to unpack how the latter influences the former. I consecutively examine how data protection law grounds the AI Act, how it complements the Act, and how it enables an evaluation and a critique thereof. I conclude by arguing that, notwithstanding the AI Act’s upcoming role and its new set of requirements, data protection law remains paramount to protect people against AI’s adverse effects and to hold AI providers and deployers accountable.

Smuha, Nathalie A, The Paramountcy of Data Protection Law in the Age of AI (Acts) (June 20, 2024).

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