ARTIFICIAL INTELLIGENCE ADVERTISING AND PERSONAL DATA PROTECTION

Artificial intelligence is only one of many areas in which technology and digital world plays a constructive role. Even though the underlying motive for this formation is to better understand what consumers want and expect, consequences are not remaining limited with the initial purposes. This consumer-based system of marketing and advertising can be defined as processing information based on their personal experiences and preferences in order to provide them a more qualified service. (Artificial Intelligence and privacy, 2018) As a result of this processing, the big data pool is being categorized in accordance with different user groups. The data pool which is needed for the use of artificial intelligence concept in advertising can be formed by variant methods. Some examples can be filtering social media posts, assessing user’s comments or online support services.

Using artificial intelligence in advertising on the one hand, is helping to adapt user’s ever-changing structure and provides an interactive system, but on the other hand results beyond the purpose. These results are the effects of collected data on one’s personal rights. Individuals face their personal information being collected, shared or processed while they are using the service provided them. Even though the purpose is to provide data owner a more effective service, the mean results in violation of personal rights which has a higher legal value than a qualified service. In this respect, artificial intelligence practice must be in compliance with personal data protection principles. Herein becomes the Turkish Privacy Act more of an issue. Considering both national and international legal acts, it is clear that personal data usage and fundamental rights of the individual are directly related to each other.  Due to the importance of the subject, there are essential requirements to ensure.  Specification of purpose is one of these requirements to fulfill. The data collected via artificial intelligence must serve to a legitimate and concrete purpose. This matter is regulated clearly in both Turkish Privacy Act and General Data Protection Regulation (GDPR). In line with the regulations, there must be a concrete, clear and legitimate purpose and consequently it is not enough concrete to have the service development as a purpose for data processing. Another important requirement to provide a legal basis for data processing is to have the consent of the data subject, regulated in art 5 of Turkish Privacy Act. Absence of consent or having the consent without fulfilling the obligation to inform will keep the data processing away from legal grounds. All these legal necessities result from the exceptional characteristics of data processing and without these to be completed, the system will no longer be working on a legal basis. Analyzing the artificial intelligence advertising with what we have told up until now leads us to a result that lacking legal condition removes the transparency of the procedure. Transparency principle is one of the base components of data processing and violation of this principle will lead to questioning the correctness and legality of the system. For the potential lack of transparency and all other legal necessities, there are regulated sanctions to be imposed and rights for the data subject to use. One of these rights is information and access to personal data which is regulated in art 11. Information right is a multifaced right which keeps variety of choices with itself. The data subject can not only ask if his/her information is shared or processed but also the details of the data processing. Here comes up again the importance of the obligation to inform. If the data subject is informed well before the consent, the risk of conflict will be smaller; however, if the data subject is not informed clearly and concrete enough, there is a higher risk of conflict between the information demanded and consents extent of consent. Even though the information right serves only to determine the processed data or detailed information about the data, art 14 regulates that depending on results, data subject can also claim for damages. Another right provided for the data subject is the erasure of personal data. By means of this right, data subject can have control on his/her own privacy and can renounce his/her consent anytime. The rights explained above are only a part of all, there are more optional rights like rectification, regulated in Privacy Act.

Considering all what is mentioned above, even though artificial intelligence in advertising is beneficial and fit for purpose in marketing, social life or technology, it is also risky for the safety of personal data processing. Clearing these risks and disadvantages will be only possible by a legitimate system. To this respect, artificial intelligence in advertising which can be labeled as a relatively new system, have to be set and run with respect to legal regulations and fundamental rights of individuals. Otherwise it won’t be as probable as now to control a system which develops very fast and continual.

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