The Federal Data Protection Commissioner, Louisa Specht-Riemenschneider, has issued warnings regarding the significant challenges posed by the use of Artificial Intelligence (AI) in the realm of data protection. Speaking to the dpa Nachrichtenagentur in Berlin on Wednesday, she stated that the practice of feeding AI models with third-party data is definitively problematic. According to Specht-Riemenschneider, the General Data Protection Regulation (GDPR) mandates a legal basis for every instance of data processing, a requirement that is often difficult to meet when utilizing AI.
The Commissioner explained that processing third-party data frequently occurs without explicit consent, leading to potential legal difficulties. She added that even when the legal basis employed is a “balancing of interests” it is not guaranteed that such an assessment will always yield a positive result. Because of these issues, she emphasized the immediate need for comprehensive deliberation at the European level regarding the exact conditions under which data processing is permitted.
Specht-Riemenschneider called for a broader debate to clarify which uses of data by AI should be permitted and which should be strictly prohibited. She highlighted that, for example, employing AI to improve medical therapies or extend human life must be evaluated differently than using AI for employee surveillance. She strongly advocated for a “purpose-driven discussion” across Europe and stressed the critical importance of data protection authorities conducting public education initiatives.