GOPR Regulation of AI and Deep Learning in the Context of IoT Data Processing-A Risky Strategy

摘要

In May 2018, the General Data Protection Regulation (GDPR) replaced 1995 Data Protection Directive (1995 Directive) as part of data protection reform designed to position the European Union (EU) for the digital age. A key part of that digital age is the Internet of Things (IoT). IoT basically consists of Internet-enabled devices that are designed to collect, transfer, and process data collected from their surroundings such as homes, businesses, and public spaces. This can be done independently from human action by using embedded sensors, processors, and communications technology. The IoT connects the physical world with the digital world, and in so doing can enable significant improvement in resource management and efficiency and offer major improvements in the quality of life in many respects. By making things more connected, measurable, and responsive, IoT, Artificial Intelligence (AI), and Deep Learning improve the ability to understand and respond to the environment. This connectivity, however, has implications for protection of personal data and for individual privacy. Concern about those implications is evident in the relevant Recitals and Articles of GDPR and their anticipated real-world application as envisaged in the opinions and guidelines issued by the highly influential Article 29 Data Protection Working Party (WP 29).