Algorithmic Discrimination Under The AI Act and The GDPR

After the entry into force of the Artificial Intelligence (AI) Act in August 2024, an open question is its interplay with the General Data Protection Regulation (GDPR). The AI Act aims to promote human-centric, trustworthy and sustainable AI, while respecting individuals' fundamental rights and freedoms, including their right to the protection of personal data. One of the AI Act's main objectives is to mitigate discrimination and bias in the development, deployment and use of 'high-risk AI systems'. To achieve this, the act allows 'special categories of personal data' to be processed, based on a set of conditions (e.g. privacy-preserving measures) designed to identify and to avoid discrimination that might occur when using such new technology. The GDPR, however, seems more restrictive in that respect. The legal uncertainty this creates might need to be addressed through legislative reform or further guidance.