Key privacy issues in artificial intelligence: US and EU guidance

Explore the top privacy considerations for Artificial Intelligence under US and EU regulations, including compliance and litigation risks.

Privacy considerations for Artificial Intelligence are rapidly evolving amidst increasing regulatory scrutiny in the United States and the European Union. A recent legal industry briefing, titled ´Privacy Talks: Top 10 Things You Need to Know About AI and Privacy – US and EU,´ highlights the need for organizations to align their Artificial Intelligence practices with emerging privacy laws and compliance standards in both jurisdictions. The session underscores that data privacy is a central challenge for companies developing, deploying, or procuring Artificial Intelligence-enabled products and services.

Key topics addressed include the divergence between US and EU privacy landscapes, with the EU emphasizing stricter, rights-based frameworks such as the General Data Protection Regulation (GDPR) and the forthcoming Artificial Intelligence Act, while the US landscape consists of a patchwork of state-level statutes and sector-specific rules. Legal experts warn that multinational companies should prepare for varying consent requirements, limitations on automated decision-making, and robust transparency mandates. Practical suggestions for managing cross-border compliance risks are offered, especially as regulatory enforcement increases and privacy-focused litigation gains momentum.

The briefing also details how emerging regulation affects product compliance and litigation, particularly in the European technology sector. Organizations are advised to conduct privacy impact assessments, implement accountable governance structures, and monitor developments in both litigation trends and regulatory guidance closely. Attention is drawn to the heightened risk of enforcement actions and consumer lawsuits arising from artificial intelligence-driven data processing, particularly when biometric, health, or other sensitive personal information is involved. Staying ahead of legal requirements and public expectations will be essential for companies seeking to leverage Artificial Intelligence while building trust and avoiding costly compliance failures.

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