EDPB guidelines on privacy protection in the AI ;;era

Opinion published on the use of personal data for AI models

By: ansa.it

Jan 02 2025
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EDPB guidelines on privacy pro

How to ensure compliance with European privacy rules in the development of artificial intelligence models.
    The long-awaited opinion of the European Data Protection Board (EDPB) on the use of personal data for the dissemination of AI models has arrived.
    Requested by the Irish Data Protection Authority (DPA) and drafted in consultation with the European AI Office, the opinion examines the issue from three perspectives. That of anonymity, first of all.
    The EDPB clarifies that an AI model is to be considered anonymous if it is very unlikely to directly or indirectly identify the people whose data were used to create the model and extract such personal data from the model through queries.
    The opinion then delves into the issue of legitimate interest, providing general considerations that data protection authorities should take into account when assessing whether legitimate interest is an appropriate legal basis for processing personal data for the development and use of AI models.
    A three-step test helps assess the use of legitimate interest as a legal basis. The EDPB provides examples of a conversational agent to assist users and the use of AI to improve cybersecurity. These services can benefit individuals and can rely on legitimate interest as a legal basis, but only if the processing is shown to be strictly necessary and the balancing of rights is respected.
    The opinion also includes a set of criteria to help data protection authorities assess whether individuals can reasonably expect certain uses of their personal data. Among the criteria identified, the possibility of personal data being publicly available, the nature of the relationship between the individual and the controller, the nature of the service, the context in which the personal data was collected, the source from which it was collected, and the potential further uses of the model.
    Finally, if an AI model was developed with unlawfully processed personal data, this could have an impact on the legitimacy of its use, unless the model has been duly anonymized.