The eternal memory of AI: new challenges on the enforcement of digital rights in the light of the proposed AI Act

Shoshanna Zuboff defines surveillance capitalism as «an overthrow of the people’s sovereignty» (Zuboff, 2019). The massive collection of data contributes to creating a personal profile composed and analyzed with the help of AI to perform various and different actions. This problem is not just related to the minimization of the processing, but also to the predominantly “eternal use” of these training data. Therefore, even if the data subjects under the GDPR can ask for their personal data to be deleted, however, this solution is not enough because of the inherent nature of AI. As a consequence, there is the risk that individuals are left without powers and remedies. This analysis aims to sustain the necessity to incorporate new constitutional “codes” in the algorithms, to potentiate the enforcement of new essential digital rights, as what can be called “the right to a clean digital slate”: a new frontier of the right to be forgotten in the machine learning society.