Statutory Obsolescence in the Age of Innovation: A Few Thoughts about GDPR
Statutory Obsolescence in the Age of Innovation: A Few Thoughts about GDPR
This article examines the problem of statutory obsolescence in the regulation of rapidly evolving technologies, with a focus on GDPR and generative AI. It shows how core GDPR provisions on lawful processing, accuracy, and erasure prove difficult—if not impossible—to apply to AI systems, generating legal uncertainty and divergent national enforcement. The analysis highlights how comprehensive, principle-based instruments can quickly become inadequate in fast-moving technological domains. Drawing lessons from the GDPR, the article reflects on the need for more adaptive, flexible, and responsive regulatory approaches in the technological age.