The Limits of the GDPR in the Personalisation Context

Forthcoming in: U. Kohl, J. Eisler (eds), Data-Driven Personalisation in Markets, Politics and Law, Cambridge: Cambridge University Press, 2021

Max Planck Institute for Innovation & Competition Research Paper No. 21-11

15 Pages Posted: 21 Apr 2021

See all articles by Michèle Finck

Michèle Finck

Max Planck Institute for Innovation and Competition; University of Oxford

Date Written: May 1, 2020

Abstract

Personalisation is both driven by, and can produce, personal data, and thus it falls within the scope of the General Data Protection Regulation ('GDPR'). As a consequence, the European data protection framework applies to data-driven personalisation. Yet, whereas there appears to be a general perception that data protection is suitable to function as a general legal framework for AI, it is important to remain realistic regarding both its opportunities and limitations. This chapter examines the application of certain elements of the GDPR to data-driven personalisation. There are hopes that the GPDR can serve as a general legal framework to govern the normative concerns that have emerged in relation to AI. It is, however, fundamentally inadequate to serve as a 'general AI law'. Whereas the Regulation indeed applies to the processing of personal data, it would be erroneous to frame it as a general 'AI law' capable of addressing all normative concerns around personalisation.

Keywords: Artificial intelligence, GDPR, data protection, consent, right to be forgotten, right to modification

Suggested Citation

Finck, Michèle, The Limits of the GDPR in the Personalisation Context (May 1, 2020). Forthcoming in: U. Kohl, J. Eisler (eds), Data-Driven Personalisation in Markets, Politics and Law, Cambridge: Cambridge University Press, 2021, Max Planck Institute for Innovation & Competition Research Paper No. 21-11, Available at SSRN: https://ssrn.com/abstract=3830304

Michèle Finck (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://https://michelefinck.eu/

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
295
Abstract Views
967
rank
125,993
PlumX Metrics