Artificial Intelligence and the Right to Privacy

Document Type

Article

Publication Date

10-26-2023

ISSN

2380-4742

Publisher

UC Berkeley School of Law

Language

en-US

Abstract

“Artificial intelligence” (AI) is everywhere these days, from Waymo’s ongoing pilots of self-driving cars to OpenAI’s publicly-available ChatGPT chatbot. The currently dominant form, machine learning (ML), relies on models derived from vast sets of data, potentially including personal information about millions of unknowing individuals. The end product may not only be derived from that data, but also intended to generate additional data about that same population. The training of AI models on personal information and their subsequent use to generate inferences or predictions both implicate the informational privacy and personal autonomy concerns that motivates many privacy laws.

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