Getting AI right – can data protection help safeguard other fundamental rights?


  • Frederike Kaltheuner


  • David Reichel
  • Sophie Kwasny
  • Lilian Edwards
  • Pagona Tsormpatzoudi

Organisation: EU Agency for Fundamental Rights (FRA)

Room: Grand Hall Online

Timing: 10:30 - 11:45 on 27 January 2021

As artificial intelligence (AI) and related technologies are used and tested in nearly all areas of our lives, discussions around the regulation of AI have remained at the forefront of the political agenda. The pandemic has led to even more people resorting to new technologies. One key aspect of these discussions is the impact – both positive and negative – of AI on fundamental rights, including, but not limited to, privacy, data protection, non-discrimination and the right to an effective remedy. They are also increasingly highlighting how AI could affect a range of other fundamental rights, from freedom of expression, freedom of assembly and of association, the right to good administration to consumer protection, to name but a few.

This panel will provide an opportunity to reflect on how legally binding fundamental rights standards can be protected through existing data protection law. Building on evidence from FRA’s study on AI and fundamental rights, panelists will be invited to discuss how the existing data protection laws apply to the use of AI and how potential future regulatory frameworks can best complement and hence protect fundamental rights, in the development and use of AI.

• How to ensure that AI is compliant with fundamental rights, including but also going beyond the right to protection of personal data?
• To what extent can data protection requirements address other fundamental rights? How data protection provisions apply to the use of AI, in particular as regards the meaning of personal data and its use in AI, including in AI training datasets
• DPIAs: are they effective to address rights beyond data protection?
• What does transparency really mean?


Frederike Kaltheuner

European AI Fund (UK)

Frederike Kaltheuner is a tech policy analyst, researcher and advocate for justice in a world made of data. She is the Director of the European AI Fund, a philanthropic initiative to strengthen civil society in Europe. Previously, she was a Mozilla Tech Policy Fellow and worked as the Director of the Corporate Exploitation Programme at Privacy International. She advise governments, foundations and nonprofts on regulating emerging technologies, digital strategy and privacy.


David Reichel

European Union Agency for Fundamental Rights (FRA)

Dr. David Reichel is a researcher in the Research & Data Unit at the European Union Agency for Fundamental Rights (FRA). He is responsible for managing FRA's work on artificial intelligence, big data and fundamental rights. He has extensive experience in working with data and statistics in an international context. Prior to joining FRA in 2014, he worked for the research department of the International Centre for Migration Policy Development (ICMPD) and as a lecturer at the Institute for Sociology and the Institute for International Development at the University of Vienna. He has published numerous articles, working papers and book chapters on issues related to migration and integration statistics, citizenship and human rights.

Sophie Kwasny

Council of Europe (INT)

Sophie Kwasny is the Head of the Data Protection Unit of the Council of Europe and is responsible for standard-setting (notably the long awaited modernisation exercise of Convention 108) and policy on data protection and privacy. She is a graduate of the Strasbourg Law University and has been working for the Council of Europe for 20 years on a variety of topics ranging from prisons’ reforms to medical insurance, or from the independence of the judiciary to nationality law.

Lilian Edwards

Newcastle University (UK)

Lilian Edwards is a Scottish UK-based academic and frequent speaker on issues of Internet law, intellectual property and artificial intelligence. She is on the Advisory Board of the Open Rights Group and the Foundation for Internet Privacy Research and is the Professor of Law, Innovation and Society at Newcastle Law School at Newcastle University.

Pagona Tsormpatzoudi

Mastercard (BE)

Pagona is a VP/Senior Managing Counsel, Privacy and Data Protection at Mastercard. She is responsible for legal compliance, policy and regulatory engagement on privacy and data protection for Mastercard Cyber and Intelligence solutions which inform the overall Mastercard safety and security strategy. She often advises on new technologies, such as artificial intelligence and digital identity. Previously, she was a researcher at the Center for IT and IP Law (KU Leuven). She is admitted to practice law in Greece. She holds a Degree in Law from the Aristotle University of Thessaloniki (Greece) and a MSc in European Studies from the University of Bonn (Germany).