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This paper discusses the difficulties to obtain valid consent for data processing activities executed by Artificial Intelligence (AI) systems. Although the European Union’s General Data Protection Regulation (GDPR) is one of the most updated and most comprehensive legal instruments ensuring the right to data protection, the so-called consent obligation is challenged by several technical and practical issues in the case of AI systems. Data controllers obligation to demonstrate transparent information and to ensure the right to be forgotten is being challenged by the technical capabilities of AI taken together with some opaque statements in the GDPR. More detailed explanations should be delivered by the EU Institutions on the implementation of the GDPR for data controllers offering AI systems.
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