Inferential Capability Does Not Determine Legal Scope
Two instruments of EU digital law place inference at their centre and mean different things by it. Article 3(1) of the AI Act uses the capability to infer constitutively: it is the central feature separating the regulated category from conventional software. The GDPR never defines inference, yet governs it protectively: the consequences follow from the processing of personal data and from what the inference says about, or does to, a person, whether or not the technology that produced it qualifie
Record details
Published: 11 August 2026
Source: arXiv
Category: Research
Topics: Regulation · Privacy
Retrieved: 12 August 2026
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ethics.ai (11 August 2026), “Inferential Capability Does Not Determine Legal Scope,” evidence record 18422, https://ethics.ai/record/18422 (originally published by arXiv).
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