Seite - 206 - in Intelligent Environments 2019 - Workshop Proceedings of the 15th International Conference on Intelligent Environments

Operability of the GDPR’s Consent Rule in Intelligent Systems: Evaluating the Transparency Rule and the Right to Be Forgotten Gizem GULTEKIN VARKONYI a,1 a Faculty of Law and Political Sciences, University of Szeged, Hungary Abstract. This paper discusses the difficulties to obtain valid consent for data pro- cessing activities executed by Artificial Intelligence (AI) systems. Although the Eu- ropean Union’s General Data Protection Regulation (GDPR) is one of the most up- dated and most comprehensive legal instruments ensuring the right to data protec- tion, the so-called consent obligation is challenged by several technical and prac- tical issues in the case of AI systems. Data controllers obligation to demonstrate transparent information and to ensure the right to be forgotten is being challenged by the technical capabilities of AI taken together with some opaque statements in the GDPR. More detailed explanations should be delivered by the EU Institutions on the implementation of the GDPR for data controllers offering AI systems. Keywords. Data protection, Artificial Intelligence, consent, transparency, Right to be Forgotten 1. Introduction Current AI applications have many abilities that could not have been realized without data and hardware availability and advancements in AI engineering knowledge. Human beings interact and share several personal issues with machines on a daily basis, such as their pictures, videos, political opinions, emails, text messages, call logs, personal doc- uments, browser history, financial data, location data and more. People seem very gen- erous when sharing such data without assessing the consequences of reaching indefinite places and persons within seconds. Possibly this is what Mark Zuckerberg meant when he said almost 10 years ago that the era of privacy is over, it is no longer the social norm. On the other hand, Internet and Social Media grow every day with the help of personal data and become a treasure chest for the development of AI technologies. IDC analysts predict that in 2025 175 zettabytes of data will be available in data storages such as clouds, smart phones, Internet of Things (IoT) devices, or cell towers [1]. Data availability, therefore, is certainly one key factor for AI systems contributing their ability to see, hear, understand [2], learn, plan, reason, negotiate [3] solve problems, recognize 1E-mail: gizemgv@juris.u-szeged.hu. Intelligent Environments 2019 A. Muñoz et al. (Eds.) © 2019 The authors and IOS Press. This article is published online with Open Access by IOS Press and distributed under the terms of the Creative Commons Attribution Non-Commercial License 4.0 (CC BY-NC 4.0). doi:10.3233/AISE190044 206