Data Protection and Artificial Intelligence Law: Europe Australia Singapore - An Actual or Perceived Dichotomy?

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 experts, regulators, innovators of technology, as there continues to be a collision between the two. 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, social and human rights issues that are attached to the two areas of the law.