Behandling av personuppgifter som träningsdata för AI i enlighet med artikel 6.4 GDPR

Sammanfattning: Artificial intelligence as a constantly evolving technology can contribute to numerous societal and economic benefits. Development continues at a high pace and the technology is expected to become increasingly important, both at the societal level and for companies, authorities and individuals. Artificial intelligence can contribute very positively to individuals, to the development of business and to services of general interest. The European Union's data protection regulation consists of several principles that aim to protect the data subject. These principles limit access and processing of data containing personal information. The European Union has started to work for the promotion of AI innovations and its development. As part of the strategy for a more digitized Europe, the Commission published a proposal for a regulation on harmonised rules on artificial intelligence in 2021. The proposal set out specific measures to promote innovations for AI systems. The study investigates to what extent training data consisting of personal data can be further processed according to Article 6.4 GDPR for the development of AI systems. The study further examines the extent to which Article 6.4 GDPR is affected when personal data is processed as training data by AI systems within “regulatory sandboxes” in accordance with Articles 53 and 54 of the proposed AI Regulation The study's conclusion is that the proposed AI regulation will not replace Article 6.4 GDPR, but will supplement it, as processing personal data in the regulatory sandbox is considered an additional legal basis for processing. The GDPR and the proposed AI Regulation have the common goal of protecting individuals. Both Article 6.4 GDPR and Article 54 of the proposed AI Regulation seek to limit further processing, but to different extents.