Could be. One of the annoying things is that when the AI has a bias people agree with, they say "algorithms can't be biased!", yet when the AI has one they do disagree with "it's so unfair they've made it woke/racist [delete as appropriate]".

Reality is difficult, AI is difficult, statistics is difficult, everything is difficult. Accidental bias is almost inevitable no matter what, and that's one of the things GDPR is there for, to make sure errors can be fixed.