In today’s rapidly evolving technological age, artificial intelligence systems are being used effectively in many areas of our lives. These systems have the potential to facilitate our work in data analysis, automated decision-making, recommendation systems and many other areas. Artificial intelligence technologies are one of the fastest developing areas of our time and offer great potential in many sectors. However, the protection of personal data during the use of artificial intelligence has also become an important issue. The relationship between artificial intelligence and the protection of personal data has increased users’ concerns about privacy and security thus, mobilized regulatory bodies.
Today, many countries have enacted laws and regulations to protect personal data. For example, the European Union’s General Data Protection Regulation (“GDPR”) came into force in 2018. The GDPR sets standards for the processing, storage and sharing of personal data and strengthens the data security rights of individuals. In Turkey, the Law on Protection of Personal Data (“KVKK”) came into force on 7 April 2016. The law aims to prevent unlawful processing of personal data, ensure data security and protect the rights of data subjects by providing a comprehensive framework for the processing, protection and use of personal data. Since artificial intelligence systems play an important role in the processing of personal data with their ability to collect, analyze and process data; it is important to implement these laws in accordance with artificial intelligence applications. In this context, one of the most important issues related to artificial intelligence and personal data protection is the purpose limitation of data collection and use. Artificial intelligence systems rely on large amounts of data, and this data is often provided by users. The collection and use of data must be based on the user’s consent and support a specific purpose. It is therefore important that users are informed, consent is obtained and data is processed securely.
The importance of KVKK in the context of artificial intelligence stems from the automation of artificial intelligence systems in decision-making processes. Artificial intelligence algorithms can produce results based on large amounts of data, and these results can sometimes influence decisions difficult for humans to understand. In this case, the basic principles of the KVKK, such as the “processing in accordance with the law and good faith” principle and the “duty to disclose”, should be complied with. Data controllers must protect the rights of individuals by explaining how AI systems operate and how they make their decisions. In addition, AI applications are also subject to the “limitation by purpose” principle. This principle requires personal data to be processed, collected and used only for specific purposes. In this context, the data processed using artificial intelligence systems must be used in accordance with its purpose and based on the consent of the data subjects. For example, considering that the data related to artificial intelligence applications used in the health sector are sensitive personal data, the protection measures stipulated by the KVKK must be meticulously implemented.
However, as rapidly advancing technology makes AI systems more complex and sophisticated, existing legal regulations need to be updated to ensure the protection of personal data. As advanced AI applications, such as technologies like deep learning and neural networks, require more data, the processing of this data is expected to raise complex ethical and legal issues. Therefore, it is important to update the laws to adapt to innovations and to make the necessary arrangements.
In conclusion, the protection of personal data is of great importance with artificial intelligence technologies. While laws and regulations provide an important tool to protect users’ data privacy rights, AI and personal data protection still require development and attention. Compliance with the principles of transparency, accountability and fairness is critical for the ethical and sustainable use of AI. Therefore, progress should be made on AI and personal data protection through cooperation between relevant parties and continuously updated regulations.
