AI Act şi profilarea persoanelor vizate prin intermediul sistemelor IA
AI Act and data subject profiling through AI systems

Summary/Abstract: Responsibility for the creation and use of new technologies belongs exclusively to HUMANS. From a legal Point of view, the ability to contract is an extraordinarily powerful tool that the AI Act promotes in a sustained manner in identifying, regulating and effectively managing the risks that AI systems entail. The principle of responsibility – enshrined by the GDPR as the foundation on which all actions of the data controller who processes data of data subjects in the activities carried out to achieve its own purpose or object of activity – offers a complex and efficient mechanism for initiating a diligent and responsible conduct when operating with personal data, an extremely valuable component in the legal ecosystem of legislating new technologies ethically and without suppressing innovation. Given this equation, we can consider the provisions of art. 22 of the GDPR as at least visionary, because the creation of profiles in the interaction of the controller with data subjects is unsurprisingly potentiated in direct proportion to the associated risks, at an individual and social level. The profits of companies are nowadays conditioned by the profiling of subjects who use AI systems in a transformative way for the Internet of Things, which is why the temptation of non-compliant/illegal practices in the development and exploitation of emerging technologies is clearly increased, which requires, once again, a vigilant eye from well-trained specialists in new technology law.

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