Abstract
Artificial Intelligence (AI) is moving so rapidly policy makers, regulators, governments and the legal profession are struggling to keep up. However, AI is not new and it has been used for more than two decades. Coupled with AI, personal data, along with cyber security law, and the challenges posed by the current legal frameworks are nothing short of immense. They are, in part, at odds with each other, and are doing very different things. This paper explores some of the challenges emerging in Australia, Europe and Singapore. The challenge of the interrelationship between personal data and AI arguably begins with who has manufactured the AI. Secondly, who owns the AI. Another challenge that has also emerged is defining AI. Most people are able to understand what AI is and how it is beginning to impact the economy and our daily lives. However, there is no clear legal definition of AI, because AI is so nebulous. This burgeoning area of law is going to challenge society, privacy and economic experts, regulators, innovators of technology, as there continues to be a collision between them. Furthermore, the collection of personal data by AI challenges the notion of where responsibility lies. That is, AI may collect, use and disclose personal data at different points along the technology chain. It will be highlighted how the current data protection laws rather than promote AI projects, largely inhibit its development. This paper identifies some of the tensions between data protection law and AI. This paper argues that there is a need for an urgent and detailed understanding of the opportunities, legal and ethical issues associated with data protection and AI. Doing so will ensure an ongoing balance between the economic and social issues that are attached to the two areas of the law.
Highlights
The protection of personal data is fast becoming one of our generations most important challenges. [1] The challenges surrounding data protection were highlighted by the June 2019 G20 Leaders in Japan
This paper explores some of the challenges between Artificial Intelligence (AI) and data protection that is emerging in a select group of countries including Australia, European and Singapore
Even those the study by AHRC and World Economic Forum (WEF) has largely focused on addressing the issues associated human rights such as discrimination, it is our view that the issues raised above flow onto other areas of AI and data protection technology and the law
Summary
The protection of personal data is fast becoming one of our generations most important challenges. [1] The challenges surrounding data protection were highlighted by the June 2019 G20 Leaders in Japan. States have different sovereign needs and the development of the law surrounding the use and application of systems and platforms that support the use of data varies greatly Another layer of complexity pervades the various regulatory approaches, such as, the use and interaction of Artificial Intelligence (AI). The new economy will likely use AI across many jobs and functions that have been traditionally undertaken by humans These systems, but not all, can capture and use personal data. [5] In referring to Gabrielle Hallevy, Kingston goes onto say that if a self-driving car was found to be breaking the speed limit for the road it is on, the law may well assign criminal liability to the AI program that was driving the car at that time This is because, unlike the traditional control of the car has been by a human, with which responsibility and liability is apportioned. In AI where the human interface or control, this paper argues that the current concept of consent and definition of personal data may not be adequate
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: American Journal of Science, Engineering and Technology
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
