Artificial intelligence: Data protection officer calls for compliance with fundamental rights in AI

The Federal Government’s data protection officer, Ulrich Kelber , has called for binding framework conditions for the use of artificial intelligence (AI). “Data protection and privacy are core elements without which the safe use of AI is inconceivable,” writes Kelber in his activity report for 2023. Data protection and privacy must be protected in research, application, evaluation and regulation in the AI area. Depending on how artificial intelligence is used, it has “the potential for restrictions on fundamental rights and discrimination.”

Kelber handed his report to Bundestag President Bärbel Bas (SPD). In it he urges the federal government to take the General Data Protection Regulation into account when implementing the AI regulation recently passed at European level. “I recommend that the legislature determine the national AI supervisory structure resulting from the EU AI regulation as soon as possible,” writes Kelber. The European Parliament’s AI regulation includes stricter requirements for facial recognition systems and other applications.

The data protection officer is also critical of the planned EU regulation on chat control. This is about spying on encrypted private chats. In his report, Kelber recommends that the Bundestag press the federal government and the EU legislature “for a significant revision” of the draft regulation on chat control that complies with fundamental rights.

The draft must ensure “continuous end-to-end encryption” that protects German and European fundamental rights and “prohibits comprehensive and unprovoked reading of private communications.” Otherwise a draft should be “rejected in its entirety”.

Citizens are concerned about health data

In his report, Kelber also describes that citizens had contacted his authority because they were concerned about the security of their data in the health sector. “I welcome the digitalization of the healthcare system and care,” wrote Kelber. “However, digitization must be carried out in accordance with data protection regulations.” The planned contradiction solution for the electronic patient file “significantly interferes with the fundamental right to informational self-determination”.

In February, the Federal Council approved a draft law by Health Minister Karl Lauterbach (SPD) and thus the expansion of the e-patient file. Their use should become the norm for all legally insured people from 2025. However, patients can object to this.

The Federal Government’s data protection officer, Ulrich Kelber , has called for binding framework conditions for the use of artificial intelligence (AI). “Data protection and privacy are core elements without which the safe use of AI is inconceivable,” writes Kelber in his activity report for 2023. Data protection and privacy must be protected in research, application, evaluation and regulation in the AI area. Depending on how artificial intelligence is used, it has “the potential for restrictions on fundamental rights and discrimination.”

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