The Algorithmic Learning Deficit Artificial Intelligence, Data Protection and Trade

Differences in the relative weight accorded to policy goals have resulted in a diversity of domestic rules governing cross-border flows of information, especially when it relates to personal data, and a diversity of approaches to govern the use of AI in both private and public law contexts.
Against this backdrop, the chapter first provides an overview of the state of the art in international trade agreements and negotiations on issues related to AI, and in particular the governance of cross-border data flows.
In doing so it juxtaposes the EU and the US approaches and demonstrates that the key public policy interests behind the dynamics of digital trade negotiations on the EU’s side are privacy and data protection.
Second, building on the divergent EU and US approaches to governing cross-border data flows, and the EU policy priorities in this respect in international trade negotiations, the chapter argues that the set of EU public policy objectives weighted against the benefits of digital trade in international trade negotiations, especially with a view to AI, should be broader than just privacy and data protection.