Analysis of Legal Challenges and Data Protection Strategies in the Era of Artificial Intelligence in the International Legal System

Abstract

The protection of personal data in the era of artificial intelligence has become an international challenge due to the cross-border nature of data and the complexities of this technology. This study aims to examine and understand the status of the existing international legal system in addressing these challenges. Data for this research were collected through interviews with 14 experts in the field and analyzed using a qualitative approach based on the grounded theory method of Strauss and Corbin (1998). The findings indicate that the international legal system faces inefficiencies in this area, which can be categorized into two main dimensions: "structural challenges" (such as the insufficient coverage of artificial intelligence-specific challenges in international legal instruments, difficulties in enforcing national laws at the international level, and the lack of effective mechanisms for international cooperation) and "conceptual and operational challenges related to artificial intelligence" (such as ambiguities in determining legal liability and the need to define new legal concepts). Therefore, pursuing strategies such as the development of a comprehensive international legal framework, strengthening international cooperation, and ultimately enhancing capacities and establishing international accountability mechanisms is essential to addressing these challenges. This study underscores the necessity of serious attention to the international legal dimensions of data protection in the era of artificial intelligence.