AI in business processes, challenges for compliance with Law 25
AI algorithms require large amounts of data to operate effectively. This massive collection raises questions about consent, data minimisation and the purpose of processing.
AI algorithms can be used to create detailed profiles of individuals and make automated decisions that have a significant impact on their lives. These practices must comply with the principles of Law 25, particularly with regard to transparency and fairness.
It is often difficult to explain how AI algorithms arrive at their conclusions. This opacity makes it difficult for individuals to exercise their rights, such as the right of access and the right to rectification.
Law 25 strictly regulates the length of time that personal data is kept. Companies using AI must put in place mechanisms to ensure that data is deleted once its usefulness has expired.
Risks of non-compliance and potential penalties
Non-compliance with Law 25 in relation to the use of AI can have serious consequences for companies.
- Administrative monetary fines: The Commission d'accès à l'information (CAI) can impose fines of up to $10 million or 2% of worldwide turnover, whichever is greater.
- Criminal prosecution: In the most serious cases, criminal prosecution may be brought, resulting in even higher fines.
- Damage to reputation: A breach of Law 25 can seriously damage a company's reputation and lead to a loss of customer confidence.
- Civil liability: Those injured by a breach of Law 25 can take civil action and recover damages.
Artificial intelligence offers many opportunities, but it also poses challenges when it comes to protecting personal data. To take full advantage of AI while complying with Law 25, businesses need to take a proactive and rigorous approach to compliance. By investing in technological solutions and putting the right processes in place, it is possible to reconcile innovation and privacy protection. Among other things, companies should carry out an impact assessment, identify the processing of personal data linked to AI, assess the associated risks and set up a register of processing activities, in particular by documenting in detail the processing of personal data, including those carried out using AI.
To find out more:
Bill 25: getting into compliance
