Ⅰ. Guaranteeing the Fundamental Human Freedoms: 3. Privacy and the Right to Self-Determination of Personal Information
etc., because the real-time remote surveillance system using biometric information,
such as the facial recognition, infringes on the basic rights greatly.
The establishment and operation of the facial recognition system that surveillances
a large number of unspecified people based on artificial intelligence technology
has the possibility of being used in ways to violate the basic rights. Therefore,
when intending to install the facial recognition system, one must carefully
compare the benefits and the degree of human rights violations, and must operate
with a clear legal basis. The large quantity of facial information is necessary to
teach the facial recognition artificial intelligence system, and the means of
obtaining the clear consent of the data subject or specific and legal basis for
collecting and using the facial information is necessary.
3) Controversy Over Using the Right to Data Portability
A) Introduction of Right to Data Portability
Europe is discussing the introduction of a new right, called ‘the right to data
portability,’ to guarantee the data subject’s right to control his/her personal
information and to promote competition of the IT industry. When the digital
platform companies are monopolizing the right to use data, the right to data
portability promotes the market competition by allowing the data subjects to
freely move his/her personal information based on the right of selection of the data
subjects and to provide more control over the data subject’s own personal
information.
The EU established [General Data Protection Regulation] (GDPR) in 2018 to
stipulate the right to data portability. According to this regulation, the data
subjects have the right to systematically and ordinarily use his/her personal
information provided to a controller,58) and to transfer his/her personal information
provided to a controller to another controller without any interference.
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