AI and Law Essay Preparation Mid-term exam: 30% 03/09/2021 Participation: 10% Essay Requirement: 60% 3600 words Due 11/10/2021 Topic: "The purpose limitation and data minimization principles in data privacy/protection law fail to protect in the era of ubiquitous computing!" Analyse this statement in relation to the use of personal information for automated decision-making in the age of Big Data Structure: P234 'Right to explanation' GDPR (But merely explanation) Articles 13(2)(f), 14(2)(g), and 15(1)(h) of the GDPR require data controllers to provide data subjects with information about 'the existence of automated decisionmaking, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject'. Articles 13 and 14 are notification duties imposed on data controllers and Article 15 provides a right to access information throughout processing. P236 'Meaningful information' Articles 13-15 all relate to the rights of the data subject, meaningful information should be interpreted in relation to the data subject. 19 That is, the information about the logic must be meaningful to her, notably, a human and presumably without particular technical expertise PP237 'significance and envisaged consequence' One interpretation is that the significance and envisaged consequences constitute information about how the results of the automated processing get used. For example, a data controller that is using automated processing to determine loan provision would first offer meaningful information about the decision-making process itself, and then the 'significance and envisaged consequences' would be the resulting downstream effects-that a loan will or will not be granted and at a certain interest rate. An alternative interpretation is that the second half of the phrase conditions the first, further refining the right to explanation. This position would hold that it is not meaningful
information about the logic of the system in general that is required, but specifically the logic of how the system treats the data subject. Referring to 'Meaningful information and the right to explanation'
References: Own Essays: Too Late to Protect Our Privacyff -New Threats to Privacy Coming with Mobilve Devices- II. Why So Challenging? Due to cyberspace's nature of anonymity and multijurisdictionality,1 many believe it is almost impossible to regulate about it.2 Firstly, one of the biggest challenges created by cyberspace for personal data protection is due to its multijurisdictional nature as mentioned. Theoretically, one customer's data could be collected by an internet company based anywhere around the world, and then possibly sold to a third party in another country - therefore regulated by 'multiple governing laws, changing national rules and conflicting regulations' in different jurisdictions. It is uncertain and almost infeasible to protect personal data comprehensively through all those jurisdictions.3 Secondly, even with effective legislations, unlike in real space, cyberspace has made it much more difficult to authenticate a personnel. Once login details are acquired, one could use another person's account and access their datas easily without the actual 1 Lawrence Lessig, 'The Law of the