…the
world, is no longer an isolated field. It has become a locus
where multiple societal values collide. Personal data is central
to innovation and…
…: “benefits”. It starts
from recent shifts in regulatory approaches from some
Data Protection Authorities facing the age of AI, looks at the
increased…
…Trade
Commission. Ultimately, it builds on the relative and procedural
nature of data protection in balancing values, interests
and rights.
PinG 1.26 | 33…
…,
not legitimate interest, even though it arguably involves
far smaller and more predictable data flows than those used
to train AI systems.
This…
…instrument. Article 8 of the EU
Charter of Fundamental Rights grants a right to data protection,
but it exists within a system that also protects freedom
of…
…proportionality.”
Balancing, however, does not mean arbitrariness. It
requires structured reasoning by evaluating the legitimacy
of the purpose, the necessity of the…
…legitimate interest basis, it is
implicitly determining that the public benefit of AI research
outweighs the individual privacy loss — provided certain…
…safeguards
exist. When the Italian Garante temporarily banned
ChatGPT for inadequate transparency, it did not reject AI
training per se but insisted that…
…Section 5 of the FTC Act, a practice is
“unfair” if it causes substantial injury to consumers that is
not outweighed by countervailing benefits to consumers…
…rights-based proportionality.
Yet functionally, it serves a similar purpose:
it recognizes that not all data practices producing risk are
equally unjustified…
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