GDPR and Artificial Intelligence Act (AIA): What you need to know as a user to protect your data

Artificial Intelligence (AI) is transforming our digital lives, but it also poses unprecedented challenges for privacy and data protection. To address these challenges, the European Union has established two key regulations: the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AIA). What do these regulations mean for you as a user? How do they affect your rights and the security of your data?

In this article, we explain in a clear and practical way what the GDPR and the Artificial Intelligence Act (AIA) are, how they relate to each other, and what you need to know to protect your privacy in an increasingly automated world.

What is the GDPR and why is it important?

The General Data Protection Regulation (GDPR), in force since May 2018, is the world’s most advanced privacy regulation. Its main objective is to protect the personal data of European citizens and give them control over how their information is collected, stored, and used.

Key rights granted to you by the GDPR:

  • Right to information: Companies must clearly inform you about what data they collect and for what purpose.
  • Right of access: You can request a copy of all the data a company has about you.
  • Right to be forgotten: You have the right to request that your personal data be deleted (for example, on social media or search engines).
  • Right to portability: You can transfer your data from one service to another (for example, when changing banks or social media platforms).
  • Right to object: You can refuse to allow your data to be used for certain purposes, such as personalized advertising.

Practical example: If you use services such as Google or Meta (Facebook), the GDPR allows you to request a detailed report with all the data they have about you (search history, locations, interactions) and, if you wish, demand that the data about you is deleted.

The AIA: Standards for safe and transparent AI

The EU Artificial Intelligence Act, adopted in 2024, is the first comprehensive regulation worldwide governing the development and use of artificial intelligence. Its aim is to ensure that AI systems are safe, transparent, and respectful of fundamental rights, including privacy and non-discrimination.

How does the AI Regulation classify systems? The regulation divides AI systems into four categories according to their level of risk:

CategoryExampleRegulation
Unacceptable riskMass surveillance or social scoring systems (such as those used in some countries).Prohibited in the EU.
High riskAI used in employment recruitment, bank lending, or medical diagnosis.Strict requirements: transparency, risk assessments, and human oversight.
Limited riskChatbots or AI-generated content (such as labeled deepfakes).Requirement to clearly inform the user.
Minimal riskSystems such as spam filters or streaming platform recommendations.No additional regulation.

What does this mean for you?

  • If a service uses high-risk AI (for example, a bank that uses AI to assess loans), the company is required to explain how the system works and allow you to challenge automated decisions that affect you.
  • Deepfakes and AI-generated content must be clearly identified to prevent misinformation or deception.

GDPR and AIA: How do they work together?

Although the GDPR and the Artificial Intelligence Act are separate regulations, they complement each other to offer comprehensive protection for your data and rights:

  • The GDPR regulates how your personal data is collected and processed.
  • The AIA establishes how that data can be used in Artificial Intelligence systems.

Practical example: If a company uses AI to analyze your purchase history and offer you personalized advertising:

  • The GDPR gives you the right to know what data they have about you and to object to its use.
  • The AIA, and also the GDPR, requires companies to be transparent about how their AI systems work and to offer you the option to opt out.

What can you do as a user?

Here are some specific actions you can take to protect your data and rights in the context of AI and the GDPR:

Exercise your rights under the GDPR:

  • Request a copy of your data from companies (you can use templates from organizations such as NOYB).
  • Demand that they delete your data if you no longer use a service (for example, social networks that you no longer use).

Learn about the AI systems you use:

  • If a service uses AI (e.g., a bank or health app), ask for a clear explanation of what data it uses and how the system works.

Choose to use transparent, open-source AI:

  • Open source AI services such as Mistral and others.
  • Transparent AI services that give you full control over your personal data. For example, they should not use your data to train their models or improve their services without your prior consent.

Report violations:

  • If a company does not comply with the GDPR, you can file a complaint with your national Data Protection Authority.
  • If a company does not comply with the AI Act, you can file a complaint with your national Artificial Intelligence Market Surveillance Authority.

The future: Toward ethical AI that respects privacy?

The combination of the GDPR and the Artificial Intelligence Act sets a global precedent in technology regulation. However, the real challenge lies in ensuring that these laws are effectively enforced and that companies prioritize privacy and ethics over economic gains.

As users, our role is to educate ourselves, demand transparency, and use tools that protect our data. Technology should serve people, not the other way around.

Foreword:

The GDPR and the Artificial Intelligence Act are two fundamental tools for protecting your privacy in the digital age. Knowing your rights and how to exercise them allows you to navigate more safely and demand that your data be treated with the respect it deserves. In an increasingly automated world, information is your best ally.

What do you think? Do you believe these regulations are sufficient to protect your privacy, or do you think additional measures are needed? Leave us your comment!

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