Artificial intelligence (AI) has had a significant impact on all industries, but the United States lacks uniform nationwide rules on how companies process personal information for AI development and deployment. While the European Union has enacted comprehensive laws to govern data governance, including the General Data Protection Regulation, Digital Services Act, and Artificial Intelligence Act, the U. S. still needs to consider new rules to protect privacy and regulate AI-enhanced surveillance. The development and deployment of AI create privacy risks due to the large amounts of personal and nonpersonal data needed to train algorithms. Algorithms can uncover private information about individuals by analyzing seemingly unrelated data points, which can lead to economic, security, and reputational harm. The U. S. has taken some policy actions to address privacy risks, such as the Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.

However, there is a need for federal legislation that mandates privacy protections for companies nationwide. The European Union has taken significant steps to address privacy risks associated with AI, including the AI Act, which classifies algorithmic systems based on their level of risk and imposes restrictions on high-risk systems. The GDPR and Digital Services Act also provide individuals with rights to opt-out of automated decision-making and require transparency in data processing. There are opportunities for the EU and U. S. to align their regulatory approaches on AI and privacy, with U. S. federal legislation prioritizing the responsibilities of AI developers and users to mitigate privacy risks, transparency requirements, defining acceptable uses of AI-driven surveillance, and granting individuals the right to opt-out of automated decision-making.