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Forgetful AI: AI and the Right to Erasure under the GDPR

Tiago Sérgio Cabral


Keywords: Artificial Intelligence, GDPR, Right to Erasure

Artificial Intelligence and, specifically, Machine Learning, depends on data for its development and continuous evolution. Frequently, the information used to train Machine Learning algorithms is personal data and, thereby, subject to the rules contained within the GDPR. If the necessary requirements are fulfilled, Article 17 of the GDPR grants to the data subject the right to request from the controller the erasure of personal data concerning him/her. In this paper we will study the impact of the right to erasure under the GDPR in the development of Artificial Intelligence in the European Union. We will assess whether datasets, mathematical models and the results of applying such models to new data need to be erased, pursuant to a valid request from the data subject. We will also analyse the challenges created by this erasure, how they can be minimized and the most adequate legal interpretations to ensure seamless AI development that is also compatible with the principles of privacy and data protection currently in force within the European Union.
Keywords: Artificial Intelligence, GDPR, Right to Erasure

Researcher at the Centre of Studies in EU Law (University of Minho, Portugal) | Member of the AI Team at Vieira de Almeida & Associados. For Correspondence: <>


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