Legal Area: Artificial intelligence as a new challenge for data protection.

Key-words: privacy - Artificial Intelligence - algorithm

In the era of the Big data economy, the need to protect private life emerges, more and more, where personal data cannot become a bargaining chip. In this regard, the GDPR (EU General data protection regulation, 2016/679) has intervened, with the aim of restoring to the individual the right to control the information concerning him, to offer legal certainty and to harmonize the protection systems at the European level. However, less than a year after the entry into force of the GDPR, it is necessary wondering about the future. In this regard, dr. Antonio Martusciello, Commissioner of the Authority for Communications Guarantees (Italian acronym: AGCOM), highlighted that on some issues, such as the exercise of the right of data portability, it is necessary for the sector control authorities to collaborate with the operators, in order to define better the ways of implementing the rules stated by the GDPR. Furthermore, the risks associated with the use of Big Data Analysis systems of massive forms of profiling of individual and collective behaviors on the enjoyment of people’s fundamental rights and freedoms cannot be overlooked. For these reasons, according to dr. Martusciello, we need to develop a regulation system that extends the current notion of personal data, which therefore also includes the data generated by machine learning algorithms. Moreover, considering the development of electronic communication networks, with the advance of the 5G network, importance must also be given to the interrelation between data protection and the discipline of cybersecurity. In this field, the Apple company has always strengthened the systems that protect users' personal data, also to distance themselves from rivals Google and Facebook. It is clear that the protection of privacy is no longer optional. therefore, the control authorities must promote a transversal and multidisciplinary approach, both in order to guide and supervise the subjects in the implementation of the GDPR and in order to adequate the regulation to the evolution of digital society technologies.


Source: Network digital 360



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