Artificial intelligence and the challenge of protecting personal data in light of European directive EC/9/96 on the legal protection of databases

Abstract

The reliance on the current international, regional, and national legislative frameworks, including their criminal aspects and their applications aimed at protecting personal data, despite considerable efforts The existing international, regional, and national legislative frameworks, including their criminal provisions, are currently inadequate for protecting personal data despite significant efforts at various doctrinal and judicial levels. The presumption that existing protections are sufficient without acknowledging the rapid advancements in science and technology calls for new regulations that are in tune with sophisticated artificial intelligence systems, thereby ensuring robust and effective legal safeguards against emerging crime forms that jeopardize personal and private data.

Therefore, it is crucial not to merely extend existing legal frameworks, which were primarily designed for an earlier era, to address new challenges posed by technological advancements that have significantly widened the scope and flow of data. We must adopt a fresh approach that is tailored to meet the challenges posed by artificial intelligence systems and the diminishing influence of state
sovereignty in this area.

The intrusion and manipulation of an individual's right to confidentiality and exclusive control over their information are more extensive than anticipated. Hence, it is imperative to thoroughly investigate how artificial intelligence and its applications infringe upon these rights. The assumption that current legislation, particularly in terms of criminal protection, provides adequate safeguards is
increasingly questionable for several reasons:                                                   

 - International legislation, including the Universal Declaration of Human Rights, tends to treat the protection of personal data as a cursory reference, characterized by general rules and provisions that lack binding legal force or mandatory obligations, and thus fail to offer the requisite protection.

- A review of the current legislative system underscores a trend towards harmonizing laws to enhance effectiveness and applicability. This is particularly evident in regional initiatives within Europe, such as the European Directive, which is explicitly designed to adapt to technological progress and provide suitable protection for personal data in a collective and unified manner.