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27 - Data Protection in EU and US Laws and AI

What Legal Changes We Should Expect in the Foreseeable Future?

from Part IV - Comparative Perspectives

Published online by Cambridge University Press:  21 March 2024

By
Ugo Pagallo
Edited by
Ernest Lim  and
Phillip Morgan
Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

There is a convergence on the protection of the traditional right to privacy and today’s right to data protection as evidenced by judicial rulings. However, there are still distinct differences among the jurisdictions based on how personal data is conceived (as a personality or proprietary right) and on the aims of the regulation. These have implications for how the use of AI will impact the laws of US and EU. Nevertheless, there are some regulatory convergences between US and EU law in terms of the realignment of traditional rights through data-driven technologies, the convergence between data protection safeguards and consumer law, and the dynamics of legal transplantation and reception in data protection and consumer law.

Keywords

Data protectioninformation privacyconvergencetransplantation
Type
Chapter
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The Cambridge Handbook of Private Law and Artificial Intelligence , pp. 599 - 617
Publisher: Cambridge University Press
Print publication year: 2024

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