The ability to restrict processing refers to the power of individuals, known as data subjects, to limit or prevent the use of their personal data in connection with AI technologies. This principle emphasizes that individuals should have control over how their data is processed by AI systems, and it is a crucial aspect of data privacy and personal autonomy in AI ethics and law. Some documents advocate for this power as a legally enforceable right, while others suggest it without formal legal backing.
For instance, the Access Now report proposes that people should have the ability to request an entity to stop using or limit the use of their personal information. This aligns with Article 18 of the General Data Protection Regulation (GDPR), which legally codifies the right to restrict data processing in a general sense. However, various documents diverge from the GDPR definition in certain respects, reflecting differing views on the extent of this right.
The extent to which data subjects should be able to restrict the processing of their data is a subject of ongoing debate. The Montreal Declaration asserts that individuals have a "right to digital disconnection," imposing a positive obligation on AI-driven systems to explicitly offer the option to disconnect at regular intervals without encouraging continued engagement. An earlier draft of the European High-Level Expert Group (HLEG) guidelines suggested that government data controllers should systematically offer an "express opt-out" to citizens. However, the final version of the HLEG guidelines narrowed this right, limiting the opt-out option to "citizen scoring" technologies in circumstances where it is necessary to ensure compliance with fundamental rights.
This principle highlights the tension between the advancement of AI technologies and the protection of individual rights. It underscores the importance of providing individuals with meaningful control over their personal data and the processing activities that involve them, ensuring that AI systems are developed and used in ways that respect privacy and autonomy.
Reference
Fjeld, Jessica, Nele Achten, Hannah Hilligoss, Adam Nagy, and Madhulika Srikumar. "Principled Artificial Intelligence: Mapping Consensus in Ethical and Rights-Based Approaches to Principles for AI. " Berkman Klein Center for Internet & Society at Harvard University, Research Publication No. 2020-1, January 15, 2020.
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