'Public Interest’ as a Lawful Ground for the Development and Use of AI Systems

This chapter examines whether AI system providers or operators can invoke the public interest as a lawful basis for processing personal data while developing and deploying AI systems, particularly where such activities are pursued alongside commercial objectives. It argues that such entities should not be permitted to rely on the public interest ground for their data processing operations—and, consequently for the development of their AI systems—where commercial interests are involved, given the inherent conflict of interests. The chapter first explains the close relationship between personal data and AI systems, demonstrating the applicability and the importance of the GDPR to the development and use of AI systems. It then analyses the public interest ground as a lawful basis for personal data processing under art 6 (1)(e) of the GDPR and examines under which circumstances private data controllers can rely on this ground. The chapter then examines whether private data controllers that also act as AI system providers and operators, specifically those whose operations rely on or benefit from big data as a source of profit (particularly the Big Tech companies) should be allowed to invoke this ground. It concludes that such entities should not be permitted to rely on the public interest ground as a lawful basis for data processing, as their commercial interests and operational objectives cannot be separated from activities that may be considered as serving the public interest.