Inferential Privacy and Artificial Intelligence - a new frontier? -
Joanne O’Callaghan · SSRN Electronic Journal · 2018
The growing use and sophistication of artificial intelligence permits the generation of increasing volumes of data about individuals, including data that may be invasive. The generation of such data poses challenges to our existing regulatory models, including under EU's General Data Protection Regulation. This article focuses on and data protection law and associated guidance applicable in England and Wales. It considers how data is generated and describes some relevant regulatory challenges this poses including in relation to the principles of fair and lawful processing, transparency, by design and the purpose limitation. It considers relevant causes of action under the law of England and Wales where intrusive insights are generated and proposes that the field of inferential privacy is one that is ripe for further development from an academic and legal perspective.