Artificiell intelligens – ett hot mot den personliga integriteten? - Om efterlevnaden av enskildas rättigheter föreskrivna i GDPR vid profilering och automatiserat beslutsfattande ur ett integritetsperspektiv

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The technical development in artificial intelligence (AI), machine learning algorithms and data collection has made profiling and automated decision-making possible. Individuals are exposed to AI on a daily basis. Profiling and automated decision-making consist of techniques, including the use of algorithms in order to extract knowledge from large amounts of data. Profiling is an automated processing of personal data that aims to assess an individual’s characteristics, behaviour and personal preferences. Furthermore, automated decision-making is made by AI systems without human intervention. Automated decision-making can take place with or without profiling. As a result of profiling and automated decision-making, compliance with the protection of personal integrity in today’s digitalised and technology-developed environment is faced with challenges. Problems and consequences seen from an integrity perspective of profiling and automated decision-making are discovered. This essay underlines that lack of algorithmic transparency occurs when AI is involved. Article 12–15 General Data Protection Regulation (GDPR) states that controllers must ensure clear and unambiguous explanations to individuals on how the profiling or automated decision-making process is carried out. Such explanation is impossible when the logic behind the profiling process and the automated decision-making are performed by non-transparent algorithms. The problems of non-transparency are therefore a limited compliance with the regulation in GDPR, which leads to a reduced awareness among individuals about controllers’ access to their personal data and their additional rights in the context. Furthermore, problems arise as a result of intrusive data collection and the creation of new personal data in the profiling process. Extensive personal data collection and processing of data often takes place without the individual's understanding or knowledge. This occurs on a daily basis when individuals connect to the internet. Without an awareness of the processing of personal data processing, the possibility for individuals to invoke the right to rectification, erasure and restriction provided in Articles 16-18 GDPR is restricted. This issue also risks compliance with individual rights in the GDPR. To summarize, the presented difficulties can lead to invasion of privacy. The right of individuals to self-determination and the right to independently make their own unaffected choices is jeopardized. The solution to the problems and consequences presented varies. The European Commission has this year presented a strategy on artificial intelligence, which proposes measures and solutions to reduce potential problems resulting from the use of AI. Only time can tell the importance of the European Commission's strategy. However, the strategy emphasizes the importance of the fundamental European values in the future development and use of AI. The protection of the individual, the end consumer of AI applications, is highlighted through the strategy in order to strengthen personal integrity. The solutions have the combination of legal and technical tools in common, both from the European Commission and researchers in the field. Compliance with individuals' rights in AI-controlled profiling and automated decision-making requires practical solutions to actually benefit, especially to strengthen the protection of personal integrity. Solutions such as the integration of individuals' rights and transparency standards into technical systems are practical solution with real benefits.

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