NAVIGATING THE GREEN LABYRINTH: ECOLOGICAL AND LEGAL ENFORCEMENT CHALLENGES OF CROSS-JURISDICTIONAL AI SYSTEMS UNDER EU DATA PROTECTION LAW

Abstract

Artificial intelligence (AI) systems increasingly function across various legal jurisdictions, presenting substantial legal and, increasingly, ecological difficulties, especially regarding the application of inconsistent data protection regulations. This article concentrates on the stringent legal framework of the European Union (EU), particularly the General Data Protection Regulation (GDPR) and the emerging AI Act, to analyze the specific enforcement challenges faced when AI systems manage data internationally. Prominent obstacles include determining jurisdiction over AI providers outside the EU, the intricacies of international data transfers following the Schrems II decision, challenges in scrutinizing non-transparent AI algorithms, assigning responsibility for harms caused by AI, and guaranteeing effective remedies for individuals whose data is used. Furthermore, the article introduces an ecological dimension, examining the significant environmental footprint of AI, including its massive energy and water consumption, carbon emissions, and the generation of e-waste. The article posits that, notwithstanding the EU’s extensive regulatory initiatives, practical enforcement against AI operations spanning multiple countries remains a significant challenge. This is compounded by the urgent need to integrate environmental sustainability into the data protection paradigm. The results hold considerable implications for policymakers aiming to find a balance between fostering innovation, protecting the fundamental right to data privacy, and ensuring environmental responsibility amidst the rise of globalized AI. This emphasizes the necessity for flexible, internationally coordinated, and ecologically-conscious enforcement approaches.