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I'm curious to understand and know whether or not the household exemption and automated decision-making provisions under the UK GDPR remain viable when platforms use AI to transform personal interactions into predictive insights.

What cases touch specifically upon this? are they still viable? If not, why and how come?

PaoloRossi
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TL/DR: Yes.

Household exemption

I do not see how AI affects this at all. The household exception did not protect all social media use before (see the Dutch case where a grandmother was found in breach of the General Data Protection Regulation (GDPR) for posting pictures of her grandchildren on social media platforms without their parents’ consent.

Does the exemption still achieve its original goal, or has it become ineffective or obsolete due to the transformation of personal interactions into commercial data processing?

The GDPR was explicetly in responce to "the transformation of personal interactions into commercial data processing". This has always used algorithms that could be classified as "AI", the new breed of tools make no difference to this.

Automated decision-making provisions

Again I do not see how the new crop of AI algorithms make any difference to this. If you feed personal data into a machine and get out a decision that affects the indavidual then it was automated decision making. It makes no difference if that system is a traditional rules based algorithm or a large language model.

Management forecasts

The area that I think is really affected by AI is section 22 (Management forecasts). My reading of this allows one to ignore all the onerous reporting requirements if you feed all personal data into an AI via a retrieval-augmented generation training set and the CEO asks it questions.

Mike
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