The AI Act, recently released by the EU, aims to regulate artificial intelligence but fails to consider the fundamental concept of AI individualization. Unlike the GDPR, which includes provisions empowering individual data subjects, the AI Act treats AI as merely a phenomenon requiring better organization without embedding user rights or participation. This omission leads to substantial concerns, as outlined by Vagelis Papakonstantinou, over at European Law Blog.
AI development currently trends towards a collective intelligence model where systems like Siri or ChatGPT pool information to improve as a single, global entity. This collective approach, while efficient and cost-effective, mirrors the centralized intelligence depicted in the “Terminator” franchise’s Skynet—a scenario where machines operate as parts of a vast, omnipotent network rather than as individualized entities. The concern, eloquently discussed in Blogpost 37/2024, is that this model could impede individual rights and stifle personal development.
The shift of software from a product to a service has entrenched this model, compelling users to interact with centralized AI entities that continuously collect and process personal data. Unlike the original intent of software, which aimed for individual use and control, these new models potentially undermine personal autonomy. The AI Act’s regulatory focus fails to address this, leaving users as passive participants rather than active, independent agents in the AI ecosystem.
Addressing this requires the introduction of a right to AI individualization, allowing users to interact with and personalize AI technology without constant monitoring or data collection by external providers. Such a shift would mirror GDPR principles, granting individuals control over AI development and usage. The right to data protection alone does not sufficiently cover the scope of AI’s impact on individual rights; explicit legal provisions are necessary to prevent the unchecked growth of collective AI that could mirror the centralized control epitomized by Skynet.