Does the EU GDPR need a new exception to prevent AI discrimination?

31/01/2023 | IAPP

A paper written by Marvin van Bekkum and Frederik Zuiderveen Borgesius examines the case for a new EU General Data Protection Regulation (GDPR) exception to cover using sensitive data to prevent discrimination by artificial intelligence (AI). The proposed EU Artificial Intelligence Act includes a provision allowing organisations to use sensitive data when conducting AI audits. However, using special category data for this purpose would violate the EU General Data Protection Regulation. The authors summarise their findings in an article for the IAPP and explore the conflict between regulations and a potential resolution.

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Algorithm bias, Artificial Intelligence AI, discrimination

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