Resumo

ALBORNOZ, María Mercedes. The Data Subject, Weak Party in the Rise of Artificial Intelligence. How to Strengthen his Position?. Rev. IUS [online]. 2021, vol.15, n.48, pp.209-242.  Epub 14-Mar-2022. ISSN 1870-2147.  https://doi.org/10.35487/rius.v15i48.2021.715.

An area in which the tension between the technological innovation implied in Artificial Intelligence (AI) and the protection of personal data manifests is that of the data subject’s consent. In fact, AI challenges the scope and the validity of consent. Nevertheless, it is considered that such consent is still a legally relevant option to enable the lawful processing of personal data by the controller. Therefore, it is pertinent to reflect on consent in the current reality.

This article’s objective is to analyze the disadvantageous position of the data subject when his personal data is managed by private corporations using AI, and to explore some of the measures provided for in new Ibero-American soft law instruments that can help strengthening the data subject by promoting respect for human rights and ethical principles. Last, it is observed that there is still pending work in this field, and a call is made to continue moving forward, with the participation of diverse stakeholders, towards the adoption of a global governance framework for personal data protection in the rise of AI.

Palavras-chave : Personal data protection; consent; Artificial Intelligence; big data; inequality; Ibero-America.

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