Artificial Intelligence (AI) is transforming how organisations collect, process, and use personal data. As a business you must stay ahead of these rapid developments. AI does not operate in a legal vacuum. Instead, it interacts directly with core principles of data protection law. Most importantly, it affects the rights of data subjects under the UK GDPR and EU GDPR.
What Are Data Subject Rights?
Data subject rights form the foundation of GDPR. These include:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights related to automated decision-making, including profiling
Each of these rights ensures that individuals retain control over their personal data. However, AI systems introduce new challenges that risk undermining this control.
AI and Automated Decision-Making: A Key Concern
Exposing the AI Threat to Data Rights — What Every Business Must Do Now
Under Article 22 of the UK and EU GDPR, individuals have the right not to be subject to decisions based solely on automated processing, including profiling, if the decision produces legal or similarly significant effects. AI models, particularly machine learning algorithms, often make decisions without human involvement.
For example, credit scoring, job applicant filtering, and fraud detection systems increasingly rely on AI. These systems must offer transparency, yet many function as “black boxes.” Without proper safeguards, organisations risk breaching data subject rights.
Transparency and Explainability in AI
Data subjects must receive clear information about how their data is processed. However, AI often makes this difficult. Complex models reduce explainability. As a result, individuals may not understand how or why a decision was made.
You must prioritise transparency. Use plain language in privacy notices. Explain the role of AI in decision-making. Where possible, incorporate explainable AI (XAI) techniques. Doing so builds trust and ensures compliance.
The Right to Access and the Right to Rectification
Data subjects can request access to their personal data and ask for corrections. But what happens when AI modifies data or infers new personal information?
Thus organisations must prepare for this scenario. You should maintain clear audit trails and ensure AI systems can provide meaningful outputs when responding to data subject access requests (DSARs). Always document how the AI processes data to support compliance.
Data Minimisation and Purpose Limitation
AI thrives on large data sets. However, GDPR principles like data minimisation and purpose limitation remain essential. You must only collect data necessary for specific, lawful purposes.
Therefore train your teams to evaluate AI use cases carefully. Ask: Is the data needed? Are we collecting more than we should? Regular Data Protection Impact Assessments (DPIAs) can help you balance innovation with compliance.
Legal Basis for AI Processing
Choosing the right lawful basis for AI data processing is crucial. While consent may work in some cases, it is often not freely given in employer-employee contexts. Legitimate interests may apply, but only if the organisation can show that interests are not overridden by the rights and freedoms of the data subject.
Make your legal basis clear and justify it fully. Keep records of your rationale. Regulators will expect this level of diligence.
What Can You Do Next?
Exposing the AI Threat to Data Rights — What Every Business Must Do Now
AI is not inherently non-compliant with GDPR. But it does require careful planning and ongoing oversight. Here’s what your organisation can do now:
- Conduct a DPIA before implementing AI tools
- Ensure AI decisions involve human review where appropriate
- Keep privacy notices updated with AI-specific information
- Train staff on AI-related data protection issues
- Work with a trusted data protection consultancy
We Can Help
We specialise in UK GDPR and EU GDPR compliance. Our team understands the legal and technical implications of AI. We can help you navigate this complex area while protecting the rights of your data subjects.
Contact us today to book a consultation and stay one step ahead of regulatory risk.
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