Re:GDPR: Programmatic ad buying plummets in Europe
by downandout on Saturday May 26, 2018 @05:09AM
(#17161027)
”The GDPR, as a matter of law, does contain a blanket prohibition on the use of automated decision-making, so long as that decision-making occurs without human intervention and produces significant effects on data subjects. Importantly, the GDPR itself applies to all uses of EU data that could potentially identify a data subject—which, in any data science program using large volumes of data, means that the GDPR will apply to almost all activities (as study after study has illustrated the ability to identify individuals given enough data).”
From https://www.oreilly.com/ideas/how-will-the-gdpr-impact-machi...
Not true. Article 22 allows automated decision making if it is contractually necessary, is authorised by law or is based on explicit consent.
Many use-cases for machine learning do not constitute automated decision making within the meaning of Article 22, because they do not produce "legal effects concerning him or her or similarly significantly affects him or her". Using ML to recommend a product or enhance a photo is perfectly permissible without any special safeguards. Most ML models based on personal data are effectively anonymous in line with Recital 26, so are not considered to be personal data.
If you're using ML in a way that respects the rights of users, GDPR is not a significant obstacle.
https://gdpr-info.eu/art-22-gdpr/
https://gdpr-info.eu/recitals/no-26/