Artificial Intelligence and the law: an analysis of the EU proposal for regulation and the GDPR

The purpose of this study is to provide a comprehensive understanding of the most recent technological developments, specifically artificial intelligence systems, and examine them through the lens of the law, in particular with a focus on its impact on data protection and privacy within the legal framework of the European Union. The paper will explore the concept of "artificial intelligence", its various definitions and an analysis of 3 types of AI (Natural Language Processing, Computer Vision and Recommender Systems); then I will expand on data protection and concentrate on its definition. Additionally, I will examine the legal question of whether AI can have a legal personality. Moving forward, I will conduct an in-depth analysis of the existing EU legislation, particularly the General Data Protection Regulation (GDPR), among other legal instruments, and examine three national AI strategies (France, Germany, and Italy). This examination will consider various perspectives of different jurisdictions, in particular relevant domestic case law, to provide a comprehensive overview of the subject matter. Additionally, I will analyse various privacy policies contained in online platforms or services that employ AI systems to work. The aim is to provide a clear explanation on their compliance with the legal framework currently in force in the European Union. This analysis will initially focus on understanding the functioning of various AI models in general terms in the first chapter, followed by an assessment of legal implications in the following chapters. In the third and final chapter, the paper will extensively scrutinise the AI Act draft regulation, assess its compatibility with the existing legal framework, and conclude by offering insights and considerations, taking into account the fact that the proposal is currently in a draft state and subject to potential amendments.