Legal Challenges in Regulating Artificial Intelligence: A Comparative Study of Privacy and Data Protection Laws

Abstract

This article explores the legal challenges in regulating artificial intelligence (AI) with a focus on privacy and data protection laws through a qualitative, comparative study. By employing a library research methodology, the study analyzes existing literature and legal frameworks across multiple jurisdictions to identify common trends, gaps, and inconsistencies in AI regulation. It investigates how various countries, including the European Union, the United States, and emerging economies, have developed or are developing legal instruments to address privacy concerns raised by AI technologies. The study highlights key issues such as the tension between technological innovation and regulatory constraints, the adequacy of current legal standards in addressing AI-specific risks, and the role of international cooperation in harmonizing data protection laws. The comparative analysis reveals significant divergences in how privacy is protected across different regions, particularly in the application of principles like consent, transparency, and accountability. Moreover, the article identifies critical gaps in existing frameworks, including the lack of clarity in AI accountability, data sovereignty, and enforcement mechanisms. The findings underscore the need for a more coherent and globally coordinated approach to regulating AI that balances privacy protection with technological advancement. Ultimately, the study calls for reforms that ensure robust privacy safeguards while fostering innovation in AI.