Nowhere in this judgment of 5 December 2023 does the term ‘artificial intelligence’ (AI) appear, yet for the first time the Court of Justice of the EU’s Grand Chamber (CJEU) deals with the issue of legal responsibility and liability for the use of personal data by AI tools. It is a ground-breaking judgment which merits serious consideration, in particular as it allocates responsibility for AI operations and liability for data protection breaches, in accordance with the EU General Data Protection Regulation’s rules regarding the identification and duties of data controllers. The reference, from a court in Lithuania made in October 2022, only attracted the attention of the Dutch authorities who intervened before the Court and the Council. No other Member State participated in the case … (more)
[Elspeth Guild, European Law Blog, 12 February]
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