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

Philosophy and Technology 36 (1):1-22 (2023)
  Copy   BIBTEX

Abstract

Social media data hold considerable potential for predicting health-related conditions. Recent studies suggest that machine-learning models may accurately predict depression and other mental health-related conditions based on Instagram photos and Tweets. In this article, it is argued that individuals should have a sui generis right not to be subjected to AI profiling based on publicly available data without their explicit informed consent. The article (1) develops three basic arguments for a right to protection of personal data trading on the notions of social control and stigmatization, (2) argues that a number of features of AI profiling make individuals more exposed to social control and stigmatization than other types of data processing (the exceptionalism of AI profiling), (3) considers a series of other reasons for and against protecting individuals against AI profiling based on publicly available data, and finally (4) argues 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.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,197

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Ethical Profiling.Michael Boylan - 2011 - The Journal of Ethics 15 (1-2):131 - 145.
Profiling Color.J. Angelo Corlett - 2011 - The Journal of Ethics 15 (1-2):21 - 32.
Racial Profiling and Background Injustice.Paul Bou-Habib - 2011 - The Journal of Ethics 15 (1-2):33 - 46.
Profiling, Neutrality, and Social Equality.Lewis Ross - 2022 - Australasian Journal of Philosophy 100 (4):808-824.
Privacy, due process and the computational turn.Mireille Hildebrandt & Katja de Vries (eds.) - 2013 - Abingdon, Oxon, [England] ; New York: Routledge.
Profiling and the rule of law.Mireille Hildebrandt - 2008 - Identity in the Information Society 1 (1):55-70.
Racial profiling and jury trials.Annabelle Lever - 2009 - The Jury Expert 21 (1):20-35.
Property, privacy and personhood in a world of ambient intelligence.Niels Dijk - 2010 - Ethics and Information Technology 12 (1):57-69.
Property, privacy and personhood in a world of ambient intelligence.Niels van Dijk - 2010 - Ethics and Information Technology 12 (1):57-69.

Analytics

Added to PP
2023-03-08

Downloads
28 (#572,355)

6 months
15 (#170,787)

Historical graph of downloads
How can I increase my downloads?