ARTIFICIAL INTELLIGENCE AND THE NEW CHALLENGES FOR EU LEGISLATION

Abstract

Artificial Intelligence is one of the increasing topics of the last decade which is developed by the new technological changes. With the introduction of AI into our daily lives, discussions occurred on machine learning and the legal and ethical issues governing artificial intelligence. At that point, conflicting situations emerged regarding the use of AI technologies, especially data issues and bias. In 1995, European Data Protection Directive, EU Directive 95/46 was passed which regulated the processing of personal data within the borders of EU and provided data privacy and security standards for the individuals. The Directive was repealed on 25th May 2018 by General Data Protection Regulation (GDPR), which brings new concepts with more strict rules on the protection of personal data. Due to its legal nature, GDPR includes binding rules not only for EU countries but also for those who carry out all activities related to data processing inside EU. With the development of technology and depending on different IT techniques, data processing has changed and access to data became easier than ever. As a result of these technologies, the concepts of big data and artificial intelligence have been widely discussed and the development of new electronic devices and the implementation of more use of robots have brought some legal questions into practice. Recently, there are some new regulations that seem likely to enter into EU legislation in the next years, such as Artificial Intelligence Act, Data Govermance Act, Data Act, and European Health Data Space. There is uncertainty for the next years, about how new regulations will affect each other including GDPR. This paper aims to discuss artificial intelligence, including GDPR and the new legal developments in the EU legislation within the technological implementations.