AI and ADM: No transparency and no choice?

Alexander Dittel of Wedlake Bell LLP discusses how privacy notices should address the processing of personal data relating to machine learning, artificial intelligence and automated decision-making.

As transparency and choice are two of the essential principles of data protection law, their implementation in relation to AI and ADM raises several issues. These ­challenges are similar to those encountered in training machine learning (ML) models over the last ten years.

The large-scale collection of public data for the training of ML/AI models is at the core of this discussion. The legal justification for such processing is undergoing renewed scrutiny, particularly following the launch of OpenAI’s ChatGPT in November 2022. On the other hand, ADM raises questions regarding the level of transparency about its logic and effects on individuals.

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