Artificial Intelligence in Higher Education and the Fundamental Right to Data Protection: Pedagogical Innovation or a Threat to Privacy?

Abstract

This article analyses and reflects on the impact of the widespread and increasing integration of Artificial Intelligence (AI) in the university educational context, from a dual legal and pedagogical perspective. Based on regulatory and doctrinal definitions, it examines its impact on the teaching–learning process, highlighting both its innovative potential—such as the personalisation of learning, the automation of teaching-related tasks, and the acquisition of digital skills—and the risks associated with the infringement of fundamental rights, particularly the right to data protection and the right to education.

In addition, the article emphasises the need for an ethical, responsible, and legally sound use of AI within universities, in accordance with data protection and AI regulatory frameworks. It also underscores the relevance of digital literacy and digital and AI-related competences as an essential condition for safe and effective integration, drawing on international frameworks such as those proposed by UNESCO. Finally, it analyses institutional policies and best practices—such as those developed by the Spanish Data Protection Authority and certain universities—which demonstrate the advisability of establishing common regulatory frameworks, systems of human oversight, and privacy-by-design and privacy-by-default approaches.