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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 used. 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: <rob.vandenhovenvangenderen@switchlegal.nl>. 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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