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3 Eur. Data Prot. L. Rev. 338 (2017)
Privacy and Data Protection in the Age of Pervasive Technologies in AI and Robotics

handle is hein.journals/edpl3 and id is 367 raw text is: 

338  | Privacy in the Age of Al and Robotics

Privacy and Data Protection in the Age of

Pervasive Technologies in Al and Robotics

       Robert van den Hoven  van Genderen*

       Robots have been  a part of the popular imagination since antiquity. And yet the idea of a
       robot -  a being that exists somehow in the twilight between machine and person -  con-
       tinues to fascinate.1
       Privacy, data protection and physical integrity will be structurally influenced by the perva-
       sive integration of Artificial Intelligence (Al) and robotics. Can we find ways to control this
       development  or do we just have to live with the disintegration of privacy as we know it? Will
       the new rules by the GDPR  on data protection suffice to protect our personal data or are
       these processes in the AI era impossible to regulate? How vulnerable is AI concerning the
       processing of our personal data?Do we still care about our privacy, if we increasingly share
       our personal information with other parties? What  should our itinerary for the future be
       when  attempting to create an acceptable solution? In this article these questions are dis-
       cussed but the answers lie in actions for the future.

1. Some   Introductory Thoughts about Al
  and   Personal   Information

Are we  giving up  privacy for security? This un-
savoury choice -  that should not be a choice at all
-  was recently proposed by the prime minister of
the UK, Theresa May, who,  coincidentally, suffered
the loss of a considerable amount of public votes af
ter announcing her plans to adapt fundamental hu-
man  rights to protect security. Certainly, privacy is
one of the first bulwarks to be sacrificed, next to
'habeas corpus' in the battle against terrorism. But
also an important question is if the population is se-
riously concerned by this development, even if more
intrusive Artificial Intelligence (AI) technologies are
   Do citizens still value privacy and integrity while
simultaneously  participating in an  increasingly
transparent society where they apparently unhesitat-
ingly, share their personal information with people
they (hardly) know or give access to their personal
data to any commercial company  or social network
which  appears to offer advantages for their person-
al life? How will this tendency develop in the com-
ing era of pervasive technologies such as Al and ro-
bot technology used by governments, industry and
personal households?  Personal robots  will know
everything about you, the most intimate parts of your

life, your family, finances and physical history. More-
over, they will be connected to the Internet. It is of
great importance to recognise this development and
stimulate research on the impact of design of Al on
both social relationships and the functioning of legal
systems to protect our fundamental values.2
   How  valuable will Article 8 of the European Con-
vention of Human Rights (ECHR) and the fundamen-
tal rights in the Charter of Fundamental Rights of
the European Union  (European Charter) prove to be
in protecting human privacy? What  about personal
data protection rules?
   Is the General Data Protection Regulation, which
will be the standard for the protection of our person-
al data in Europe, sufficiently equipped to protect

   DOI: 10.21552/edpl/2017/3/8
   Dr Robert van den Hoven van Genderen is director of the Center
   for Law & internet (CLI) Vrije Universiteit Amsterdam, visiting
   fellow at Peking university and Tohoku University Japan and
   partner of Switchlegal Lawyers, Amsterdam. For correspondence:
1  Ryan Calo, 'Robots as Legal Metaphor' (2016) 30(1) Harvard
   Journal of Law & Technology.
2  As is the core of these provided by Lawrence Lessig, Which code
   is necessary to regulate the architecture (in this case cyberspace)
   and provide for the protection of our freedoms? Lawrence Lessig,
   Code and Other Laws of Cyberspace (1999); Lawrence Lessig,
   Code and other laws of cyberspace (Basic Books 1999).

EDPL  3|2017

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