An article for the IAPP discusses the EU Artificial Intelligence Act's (AI Act) debiasing exception to the General Data Protection Regulation's (GDPR) ban on using sensitive data. The article highlights that while organisations use AI for many purposes, it can lead to accidental discrimination. For instance, a bank's AI system could deny mortgages to people with a certain ethnicity, even if the bank did not plan such discrimination. Currently, obtaining the ethnicity data of applicants is a challenge, as Article 9 of the GDPR prohibits the use of special category data. While the GDPR includes exceptions, there is no exception for AI debiasing. The new exception in the AI Act allows organisations to test whether their AI systems lead to indirect discrimination of people with certain ethnicities.
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