A Data Protection And AI Perspective From Spain Presented by: Cristina Contero Almagro Date: March 01, 2023 LEGISLATION 1. General Data Protection Regulation (GDPR) 2. Spanish Constitution (CE) 3. Organic Law 3/2018 of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (Organic Law 3/2018) 4. Organic Law 7/2021, of May 26, on the protection of personal data treated for the purposes of prevention, detection, investigation and prosecution of criminal offences and execution of criminal sanctions (Organic Law 7/2021) DATA COLLECTED IN SMART CITIES Data Category Infrastructures Data Points Traffic data, waiting times, crowd management, smart cars, parking Environmental Climate and weather, pollution, waste management Citizens civil information Census, elections, work Education and health School grades, absenteeism, number of doctor appointments/year, most common illnesses Entertainment and Shops, theaters, cinemas (most/less popular ones, time and consumption money citizens spent) Security and surveillanceCCTV, police data Personal Data VS Non- Personal Data - Data sharing - Cloud security - Profiling - Discrimination - Transparency Public Entities VS Private Entities - Secondary uses of data - Data subjects rights - Accessibility - Data retention - Artificial Intelligence Human, Fundamental And Digital Rights And Sdg In The Context Of Smart Cities Human Rights  Freedom from discrimination  Privacy  Right to work Civil Rights (Spain)  Privacy  Data protection  Non discrimination  Security  Right to work SDG  Sustainable cities and communities DATA PROTECTION IMPACT Human Rights  Right to privacy Fundamental Rights  Privacy  Data protection  Non discrimination  Security SDG  10- Reduce inequalities within and among countries  11-Sustainable cities and communities Smart City  Smart environment  Smart management  Smart economy  Smart life  Smart society  Smart transportation AI IMPACT - Rights Human Rights  Respect for human dignity  Freedom of the individual  Respect for democracy, justice and the rule of law  Equality, non- discrimination and solidarity  Privacy  Right to work Fundamental Rights  Privacy  Data protection  Non discrimination  Security  Right to work SDG  8- Decent work and economic growth  10- Reduce inequalities within and among countries  11- Sustainable cities and communities  16- Peace, justice and strong institutions Smart City  Smart environment  Smart management  Smart economy  Smart society AI IMPACT - Principles Human Rights  Human dignity  Freedom  Democracy  Non-discrimination  Privacy  Right to work Ethical Principles  Respect for human autonomy  Prevention of harm  Fairness  Explicability Trustworthy AI Requirements  Human agency and oversight  Technical robustness and safety  Privacy and data governance  Transparency  Diversity., non-discrimination and fairness  Societal and environmental wellbeing  Accountability APPROACHES TO TACKLE THE CHALLENGES - Layered approach of solutions based on the existing legal framework and the promotion of citizens' trust and participation in Smart Cities. - Joint Al and data protection impact assessment - Citizens' platform