Forslag 22

Der skal kræves udtrykkeligt samtykke fra alle borgere for at kunne underkaste deres oplysninger enhver form for automatiseret behandling.

Detailed explanation

According to Article 5-1 of the GDPR, personal data processed must be "relevant and limited to what is necessary for the purposes for which they are processed".

Artificial intelligence on the 5G network will collect data continuously, which goes against this principle of data minimisation.

The European Economic and Social Committee has published the Opinion called Secure 5G deployment– EU toolbox . Point 4.16 states:
"The General Data Protection Regulation (GDPR) should be supplemented with clear implementation guidelines in order to achieve uniform implementation and a high level of data and consumer protection in view of the interconnectivity of machines and objects, and the rules on civil liability and product insurance should be revised to cater for a situation where decisions will increasingly be taken by software in a fully secure environment."

In the point 4.18 is stated:
"The conversations on technical standards are a necessary clarification that will allow companies to compete once again and to carry out these key activities in order to implement advanced technologies such as 5G and artificial intelligence (AI) in all markets."

Various studies have shown that artificial intelligence actually automatically reproduces previous discrimination in machine learning processes. The machine "learns" according to the choices it has already made in the past by systematising them - therefore artificial intelligence is a powerful engine for reproducing and aggravating discrimination.

Therefore, automated procedures should be allowed only after each individual citizen's explicit consent.

Legal arguments for our proposal are:

— Article 22 of the GDPR, formulated as the "right to human intervention in an automated decision", gives the right to refuse that a decision concerning the individual be subjected to an algorithm.

— UN report - Artificial intelligence and privacy, and children’s privacy:
"...both the data processing and the decision made as a result of that processing have potential risks for the data subject."