Privacy group slams EU for changing the data rules to cater to AI
Schrems campaign raises specter of another legal challenge as legislators propose changes to GDPR
Campaign group None of Your Business (noyb) has criticized the European Union for altering its data protection laws to accommodate artificial intelligence (AI). The group, led by Austrian lawyer Max Schrems, argues that the proposed changes to the General Data Protection Regulation (GDPR) amount to a betrayal of data protection principles.
In September, the European Commission announced plans to bolster the EU's competitiveness and reduce regulatory burdens for individuals, businesses, and administrations. This proposal included "immediate adjustments" to digital legislation to enhance competitiveness. The Commission suggested amending the GDPR's rules on processing personal data, which currently requires controllers to pursue such processing for legitimate interests.
According to noyb, the amendments to Article 88c (now Article 88bis) would permit Big Tech companies to utilize all personal data collected over the years with minimal restrictions, provided it is "in the context" of AI development or operation. Schrems contends that under these proposals, the profits of AI companies would outweigh Europeans' fundamental right to privacy, effectively "digital expropriation" of citizens.
The group argues that the changes could permit data from users who have never interacted with an AI company, such as individuals whose data was entered into systems decades ago, to be stored in AI entities without prior consent. Schrems further asserts that a majority of EU member states now believe that the interests of tech giants like Elon Musk, Marc Zuckerberg, Google, and OpenAI should supersede Europeans' right to data protection.
The European Parliament's stance on the matter is divided, but the Court of Justice may review if the proposed changes can align with EU fundamental rights. Schrems warns that the legal route might be the only avenue left to prevent the weakening of data protection laws to cater to the AI industry. If the legislator loses perspective, he suggests, the people must turn to the courts, as extreme laws with a high chance of being overturned would create more legal uncertainty rather than the promised simplification.
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