The Spanish Data Protection Agency (AEPD) has published an article on addressing misconceptions surrounding AI and its relationship to data protection, echoing a recent publication by the UK’s Information Commissioner’s Office (ICO). The article highlights several misunderstandings, including the idea that “incidental” data processing is exempt from data protection, that common practice equates to reasonable expectations, and that “personally identifiable information” is the same as “personal data”. It also clarifies that case law on search engine data protection does not automatically apply to generative AI, that AI models themselves can have data protection implications, and that data protection regulations apply fully to AI without exemptions, emphasizing the need for a “data protection by design approach”.
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