How AI can be used without violating data protection laws

July 12, 2024

  • Data protection violations are considered the greatest risk in the use of AI in business
  • Bitkom publishes practical guide on artificial intelligence and data protection

Many companies are reluctant to use AI for fear of violating data protection laws. In a Bitkom survey, 70 per cent of all companies and even 80 per cent of companies that use AI see data protection violations as the greatest risk when using AI. And 62 per cent believe that AI services in the cloud cannot be reconciled with data protection regulations. A new practical guide “Artificial intelligence and data protection” from the digital association Bitkom, which is now available to download free of charge, sheds light on how AI can be used in companies in compliance with data protection regulations and which legal provisions need to be observed. “There is still a lot of uncertainty surrounding the use of AI. To ensure that Germany does not fall behind when it comes to artificial intelligence, we need more clarity and certainty in dealing with the legal requirements,” says Susanne Dehmel, member of the Bitkom Executive Board.

The guide begins with a brief definition of when AI can be distinguished from traditional software and which laws may be relevant when using AI. The comprehensive second part categorises key provisions of the European General Data Protection Regulation and their significance when using AI – from transparency and information obligations to data protection impact assessments. This chapter also discusses what content an internal company policy on the use of AI must contain. A practical example from the automotive industry is then used to illustrate once again how AI can be implemented in a company in compliance with data protection regulations. The guide concludes with two detailed checklists for the training of in-house AI models and the use of third-party AI systems. With their help, those responsible in companies can proceed step by step to ensure that the use of AI complies with data protection regulations.

The practical guide “Artificial intelligence and data protection” is available to download free of charge at: www.bitkom.org/Bitkom/Publikationen/KI-Datenschutz-Praxisleitfaden

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