AI and data privacy in big-tech: A new frontier in the digital market

In recent years, there have been increased risks and challenges to data privacy and protection, specifically in digital markets where personal data is often a key competitive asset and a source of market power.1 Large digital platforms (LDPs) hold a dominant position in the digital market which continues to increase by using personal data to effectively target consumers and influence their decisions.2 AI has recently made remarkable progress and breakthroughs in various domains and applications allowing LDPs who adopt them to process an unprecedented amount of data.3 Although the rapid evolution of AI has the potential to revolutionise human life in abundant ways, AI also poses significant challenges and risks to data privacy and protection as it can collect, process and use large amounts of personal data from various sources, make decisions or predictions based on complex and opaque models, attack or manipulate personal data or systems and affect the privacy rights and expectations of individuals in public spaces. This paper argues that it is crucial to strike a balance between the benefits and opportunities offered by AI and the rights and interests of individuals and society concerning data privacy, protection and competition law. It also discusses potential safeguards that individuals, organisations and governments can adopt to achieve this equilibrium.