(WhoseWholeLegal) Quantum technology will raise many legal issues and entail certain risks that may affect the public interest. This article discusses some of the implications of quantum technology for data protection, privacy, competition and contract law, as well as its potential impact on the legal profession, and certain public interest risks it may entail.
Interpreting in the Context of GDPR
It is expected that quantum computers will be able to hack into many of today’s encryption systems due to their much greater computing power, which will enable them to decipher the keys used for these encryption systems. If an organisation, as a data processor, will still use encrypted networks that can openly be hacked, it will no longer meet the requirement to take appropriate technical and organisational security measures to protect personal data against unauthorised access (article 5(1)(f) of the General Data Protection Regulation (GDPR)) and may face fines. Indeed, in a quantum-driven world security standards that are appropriate today may no longer meet the above criteria tomorrow.
The improved processing possibilities offered by quantum computers will certainly be used to process personal data in an even more sophisticated way, creating new challenges for privacy. According to article 5(1)(a) of the GDPR, personal data must be processed lawfully, properly and in a transparent manner. The principle of due diligence is seen as an overarching principle that has laid the foundations for other data protection requirements. While the GDPR currently forbids that a data subject is subject to a decision solely based on automated decision-making, including profiling, legislators will have to carefully verify the compliance of quantum IT systems with this prohibition,