Abstract
A major starting point is that transparency is a condition for privacy in the context of personal data processing, especially when based on artificial intelligence (AI) methods. A major keyword here is openness, which however is not equivalent to transparency. This is explained by the fact that an organization may very well be governed by principles of openness but still not provide transparency due to insufficient access rights and lacking implementation of those rights. Given these hypotheses, the chapter investigates and illuminates ways forward in recognition of algorithms, machine learning, and big data as critical success factors of personal data processing based on AI—that is, if privacy is to be preserved. In these circumstances, autonomy of technology calls for attention and needs to be challenged from a variety of perspectives. Not least, a legal approach to digital human sciences appears to be a resource to examine further. This applies, for instance, when data subjects in the public as well as in the private sphere are exposed to AI for better or for worse. Providing what may be referred to as a legal shield between user and application might be one remedy to shortcomings in this context.
Highlights
The title of this book chapter implies that the topic chosen is multifaceted
The quest for regulatory management is illustrated by the Swedish case of being a digitalized European Union (EU) Member State including automated procedures and decision-making
Adequate problem-solving in such a case would require an understanding of civil law and/or public law in order to conclude whether an electronic signature at a certain security level would be sufficient to meet evidential requirements, et cetera
Summary
The title of this book chapter implies that the topic chosen is multifaceted. Here, this means that there is a diversity of components to be considered in order to investigate the problem area. The general hypothesis is that legal AI presupposes privacy in the context of personal data processing This comprises transparency, which is a kind of overall data protection principle associated with openness and access rights that, in turn, needs to be effectively implemented and managed in order to provide legal safety.. Adequate problem-solving in such a case would require an understanding of civil law and/or public law in order to conclude whether an electronic signature at a certain security level would be sufficient to meet evidential requirements, et cetera.6 This kind of legal system management must, in practice, be supplemented by substantive IT law regarding how to interpret and apply legal rules and regulations in digital environments such as the internet. The perspective of this development will be privacy and more legal means for accomplishing transparency
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