The Right Not to Be Subjected to AI Profiling Based on Publicly Available Data—Privacy and the Exceptionalism of AI Profiling

This article argues for the new legal right to protect individuals from AI profiling based on publicly available data without their explicit informed consent. It develops three primary arguments dealing with social control, stigmatization, and the unique threat posed by AI profiling compared to other data processing methods. The article suggests that existing GDPR regulations are not sufficient and calls for explicit regulation with a sui generis right for protection.

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