Many individuals are concerned about the governance of machine learning
systems and the prevention of algorithmic harms. The EU's recent General Data
Protection Regulation (GDPR) has been seen as a core tool for achieving better
governance of this area. While the GDPR does apply to the use of models in some
limited situations, most of its provisions relate to the governance of personal
data, while models have traditionally been seen as intellectual property. We
present recent work from the information security literature around `model
inversion' and `membership inference' attacks, which indicate that the process
of turning training data into machine learned systems is not one-way, and
demonstrate how this could lead some models to be legally classified as
personal data. Taking this as a probing experiment, we explore the different
rights and obligations this would trigger and their utility, and posit future
directions for algorithmic governance and regulation.Comment: 15 pages, 1 figur
