A Methodology of Total Audience Management Compliant with GDPR

Abstract

The first chapter analyzes the points of conjunction of regulation 679/2016 with artificial intelligence. In particular, the aforementioned regulation adopts a profoundly innovative approach in regulating the protection and processing of personal data; in fact, and precisely in Section 4, entitled "Right of opposition and automated decision-making process relating to natural persons", it contains a series of articles of great impact on automated profiling, with particular reference to art. 22. Although artificial intelligence does not exclusively want to imply the automated profiling of a person, it is an incontrovertible fact that this is increasingly used precisely for the aforementioned profiling, with more or less automated consequences, depending on the area in which the software is found to be used. The chapter is structured in such a way that it can serve as a theoretical basis for the business needs and the legal problems they encountered. Next, a digression is made on the possible uses of artificial intelligence in the company. This is achieved by taking three technologies rapidly spreading in the most innovative business contexts: Machine Learning for the analysis of large or very large databases, Natural Language Processing for communication interfaces with the customer (whether they are Customer Relationship Management or Help in the technical support phase) and robotics in corporate sectors as well as in the consumer sector. Finally, we proceed to carry out the analysis of a quaestio juris formulated during the period of external training carried out at the company "Tuko

productions s.r.l." active in the online gaming market. It is aimed at dealers who supply games to end consumers by mainly developing casino games. The software based on artificial intelligence that Tuko intends to develop aims to identify and analyze the correlations between the data generated in the game sessions. The ultimate goal is to sell the possibility of using this software to third-party dealers or providers, always on the B2B market, even if the company would like to always maintain the possibility of using it internally. The chapter deals with the main legal issues related to the study phase of the software in question or, in a nutshell, the legal obligations to be respected, taking into account that profiling is in fact carried out; the existence of the possibility for Tuko customers to actually use the software once it is produced; any actions to be taken by Tuko, if necessary, to structure a legal framework for itself and for its customers that legitimizes the use of the software in question and, at the same time, protects its industrial property; which parties it would be necessary to involve in order to have a valid legal basis for GDPR purposes, if all the interested parties (therefore also the users) or only the customers of Tuko (therefore only the game concessionaires). [edited by Author]