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Baden-Württemberg: LfDI Baden-Württemberg invites public comments on AI discussion paper

On November 13, 2023, the Baden-Württemberg data protection authority (LfDI Baden-Württemberg) published a discussion paper on the legal basis for data protection when using artificial intelligence (AI) and invited public comments on the same. In particular, the LfDI Baden-Württemberg stated that the focus of the discussion paper is on the question of when and how personal data may be processed for the training and application of AI. The discussion paper, among other things, provides a short checklist for data processing when using AI, the legal basis of processing for public and private bodies, and the processing of special categories of personal data.

Additionally, the LfDI Baden-Württemberg stated that the discussion paper is not a final data protection assessment of the use of AI, but rather a working aid to better locate specific application scenarios within the legal framework and is intended to help responsible bodies in Baden-Württemberg to deal with the legal basis that current data protection law provides for the use of AI systems. The discussion paper further clarifies that it only covers the permissions required for the processing of personal data and the topics of transparency and non-discrimination (bias) of the AI systems, rights of those affected, data security, and data protection by design are not addressed and may be reserved for further discussion papers.

Public comments can be submitted here until February 1, 2024.

You can read the press release here and the discussion paper here, both only available in German. 

Update: January 24, 2024

LfDI Baden-Württemberg publishes AI discussion paper in English

On January 23, 2024, LfDI Baden-Württemberg published the AI discussion paper in English. 

You can read the discussion paper here.