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

The article discusses the potential of social media data in predicting health-related conditions, particularly mental health, through machine-learning models. However, it argues for a right to protection of personal data, suggesting that individuals should not be subjected to AI profiling based on publicly available data without their explicit informed consent. The article develops arguments based on social control and stigmatization, discusses the exceptionalism of AI profiling, and considers reasons for and against protecting individuals against AI profiling. It concludes that the EU General Data Protection Regulation does not ensure individuals' right not to be AI profiled based on publicly available data.

The article also presents three cases of AI profiling based on social media data to illustrate the contexts in which AI-driven mental health profiling may be conducted. It further develops three arguments in favor of a right to privacy specifically in relation to the use of personal data: the social pressure argument, the 'open future' argument, and the stigmatization argument. The article ends with reflections on the proposed arguments and suggests an agenda for future research.

Key takeaways

The article argues that individuals should have a right not to be subjected to AI profiling based on publicly available data without their explicit informed consent.
The article develops three basic arguments for a right to protection of personal data trading on the notions of social control and stigmatization.
The article argues that AI profiling poses a unique threat to individuals, making them more exposed to social control and stigmatization than other types of data processing.
The article concludes that the EU General Data Protection Regulation does not ensure that individuals have a right not to be AI profiled based on publicly available data.

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

Key takeaways

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