Liability for Damage Caused to the Data Subject in the Event of GDPR Violation “by Artificial Intelligence”: Between Legal Discrepancies and Policy Questions

Abstract: Liability for Damage Caused to the Data Subject in the Event of GDPR Violation “by Artificial Intelligence”: Between Legal Discrepancies and Policy Questions
The paper discusses the topic of liability for data breach by AI. It aims at tracing the reason of rare application of the article 82 of the GDPR and proposes predictions of how its application may change with the potential enactment of special liability regime for AI-inflicted damage. The paper offers insight into how such a regime may interplay with the GDPR by pointing out the risks linked to the potential overlap thereof and offering a way to remedy such risk.