An ethical approach to AI: merging the GDPR and the AI ​​Act

An Ethical Approach to AI: Merging the GDPR and the AI Act

The artificial intelligence (AI) revolution is transforming sectors such as healthcare, finance, education, and transportation. While these advances offer promising opportunities, they also present significant challenges in terms of data protection and respect for individual rights. AI systems often collect vast amounts of personal data and employ techniques that may compromise privacy, introduce discrimination or algorithmic bias, and threaten information security.

Converging Ambitions to Protect Individual Freedoms

The European Union has strengthened its legislative framework to regulate the use of AI in response to these challenges. The General Data Protection Regulation (GDPR), which came into force in 2018, sets strict standards for safeguarding personal data. More recently, the AI Act proposes a specific legal framework aimed at regulating AI with a focus on safety and ethics. Although both texts pursue similar goals, they differ in scope and in the stakeholders involved.

The Foundations of Responsible and Transparent AI

The GDPR and the AI Act share a common vision: to enhance the protection of individual rights and freedoms in the context of AI. They aim to create an environment where technological innovation aligns with respect for fundamental ethical and legal principles, ensuring data privacy and transparency in automated decision-making processes.

A Complementary Regulatory Framework for Innovation

While the GDPR ensures the protection of personal data and respect for privacy, the AI Act introduces specific rules for the ethical use of AI systems. It emphasizes risk management, transparency, explainability, and accountability of the actors involved. This complementarity creates a coherent regulatory environment that fosters innovation while protecting individual rights.

Differences in Scope and Responsibilities

Despite their shared objectives, the GDPR and the AI Act show notable differences. The AI Act applies to all actors in the AI value chain, whether based inside or outside the EU, as long as their systems are used or marketed within the Union. The GDPR, on the other hand, applies to entities established in the EU or offering services to EU residents, provided they process personal data.

In terms of responsibilities, the AI Act identifies several operators responsible for AI system compliance, such as providers, deployers, authorized representatives, importers, and distributors. The GDPR imposes obligations on all entities processing personal data, whether they are data controllers, processors, or joint controllers.

Internal Governance and Shared Obligations

Both regulations emphasize the need to implement robust internal processes and appropriate documentation to ensure compliance.

Risk Analysis and Protection Measures

The GDPR requires Data Protection Impact Assessments (DPIAs) to identify and evaluate the risks related to personal data processing. The AI Act imposes a similar analysis for high-risk AI systems, in order to detect potential impacts on individuals’ rights and freedoms. Depending on the risks identified, technical and organizational measures must be implemented, such as pseudonymization, encryption, access control, and staff training.

Incident Management and Transparency

In the event of a security incident that could pose a risk to individual rights and freedoms, both regulations impose notification obligations to competent authorities. Internal procedures must be established to identify, analyze, and respond swiftly to incidents. Furthermore, detailed records of processing activities and AI systems are required, including information on purposes, data involved, and recipients.

Accountability of Stakeholders

The principle of accountability is central to both regulations. Organizations must demonstrate compliance by adopting documented internal policies and procedures. This approach reinforces stakeholder accountability and ensures consistency and transparency in practices within the entity.

How to Accelerate Your Organization’s Compliance with Both Regulations?

To optimize your organization’s compliance with the AI Act and the GDPR, it is recommended to combine a reliable and innovative technological solution, such as the one offered by Smart Global Governance, with the expertise of a consulting firm like mydari.

Proven Technological Solution

Smart Global Governance provides a proven platform that enables automatic diagnostics and the implementation of intelligent action plans, aligned with your organization’s governance framework.

Expert Support

In parallel, the consulting firm mydari offers specialized support, with deep expertise in these areas to effectively guide you through the compliance process.