During the last years, with the development of technology we have witnessed so many debates on the artificial intelligence’s influence to the right to privacy. With algorithms, the collection and processing of data is a piece of cake. This can be a reason of unwanted results for the enjoyment of the right to private and family life, including the right to data protection, as guaranteed in article 8 of the ECHR.
In online tracking, algorithms are used and individuals’ browsing patterns are recorded by cookies and other technologies. Furthermore, behavioral data-such as location and other sensor data-are being part of processing by apps downloaded on smart devices which is raising challenges for privacy and data protection.
The first possible challenge of algorithm processing is the generation of new data. In case of sharing some data by a data subject, it is inevitable for those data to be merged, generating second and even third generations of data about the individuals. As an innocent part of data assessment in comparison with a larger data set can breed new data, the nature of which may be completely unpredictable for the data subject. This raises major issues for the nation of consent, transparency and personal autonomy.
As a second concern. which derives from the use of data brokers who compile data in individual’s profile. Profiling, in itself, means extrapolation of data available on the internet through processes of automated information gathering and subsequent construction and application of profiles. Natural persons and entities can benefit from profiling techniques. Especially, it leads to more efficient market policies. And it also helps to permit risk and fraud analysis. But at the end, it can be a reason for mentioned concern.
The other sub-concern of using data from profiles to reach targeted purposes through algorithms is that the data can lose its original context. Repurposing of data is likely to affect a person’s informational self-determination. In addition to the algorithms, search engines may also have an affect on the right to privacy and data protection because they can pave the way for the aggregation of data about data subjects. The profiling and the subsequent repurposing of data will be made without the data subject consent and that makes effortless to get information by decreasing the practical uncertainty of anonymous data.
Other critical aspect regarding the use of algorithms for automated data processing centers upon cloud data storage. This touches on solutions by which files are no longer take part in local storage but are stored distantly on servers accessible via the internet. However, as a result of holding in non-local storage methods, the users’ data may be processed by algorithms in intrusive ways that would be never seen before.
In additon to abovementioned concerns, there is an increasing clarity that information is collected for the aim of gaining behavioral insights can be a tool to manipulate elections.
In conclusion, in the event that the data obtained by artificial intelligence falls into the wrong hands, this may lead to an irreversible path in terms of basic human rights.