ABSTRACT
Personalisation is both driven by, and can produce, personal data, and thus it falls within the scope of the General Data Protection Regulation (‘GDPR’). As a consequence, the European data protection framework applies to data-driven personalisation. Yet, whereas there appears to be a general perception that data protection is suitable to function as a general legal framework for AI, it is important to remain realistic regarding both its opportunities and limitations. This chapter examines the application of certain elements of the GDPR to data-driven personalisation. There are hopes that the GPDR can serve as a general legal framework to govern the normative concerns that have emerged in relation to AI. It is, however, fundamentally inadequate to serve as a ‘general AI law’. Whereas the Regulation indeed applies to the processing of personal data, it would be erroneous to frame it as a general ‘AI law’ capable of addressing all normative concerns around personalisation.
Finck, Michèle, The Limits of the GDPR in the Personalisation Context (May 1, 2020). Forthcoming in: U Kohl, J Eisler (eds), Data-Driven Personalisation in Markets, Politics and Law, Cambridge: Cambridge University Press, 2021, Max Planck Institute for Innovation and Competition Research Paper No 21-11.
First posted 2021-04-23 15:15:49
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