Los datos sintéticos: el espejo digital del Derecho - LegalToday

The rise of synthetic data presents a central paradox in the digital age: although designed to avoid direct identification of individuals and circumvent privacy restrictions, their high statistical fidelity creates a blurred boundary with real data. This poses a fundamental legal challenge, as current legislation, focused on identifiability, does not adequately address this hybrid category. The absence of specific regulation generates uncertainty about when data ceases to be personal and becomes a statistical representation, leaving gaps in the protection of individuals against indirect inferences. Beyond identity, the problem lies in the perpetuation of structural biases. By generating information based on real patterns, these data can reproduce gender, ethnic, or income-based discriminations without containing personally identifiable information. The risk is not the violation of individual privacy, but systemic injustice arising from automated decisions that reflect social inequalities. This dynamic requires rethinking legal responsibility, shifting the focus from identity protection to ensuring equity in digital representations that influence everyday life. This discussion is crucial for the open data movement because it questions the neutrality and reliability of shared information. If public or open-source datasets use unaudited synthetic generators, they may propagate errors or biases under the guise of objectivity. To ensure the integrity and ethical utility of open data, it is necessary to develop clear standards that distinguish between what is digitally possible and what is legally relevant, ensuring that technological innovation does not compromise the principles of transparency and social justice.

Source: legaltoday.com
Published on 2025-10-11

Los datos sintéticos: el espejo digital del Derecho - LegalToday

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