The Australian Data Strategy and Legal Information (AustLII Submission on the ADS Discussion Paper)

Abstract

This is a submission by the Australasian Legal Information Institute to the Australian Government's Digital Technology Taskforce on the proposed Australian Data Strategy. The submission is framed around seven questions asked in the Discussion Paper on the Strategy. The submission concentrates on the role of legal information in the Australian Data Strategy, with additional comments on issues which we think are of particular importance, such as data privacy. In answer to Question 4.'What are the top three outcomes from the Australian Data Strategy you would like to see by 2025?' we identify: (i) Undo data monopolies – There are three main impediments to the full realisation of a free access legal data commons in Australia, concerning court decisions, legislation and standards. (ii) Reform data privacy – Australia’s Privacy Act should be reformed to meet the highest international standard, currently that of the EU’s GDPR. (iii) Legislate for ethical AI - Australian AI innovations will pose considerable risks to Australian citizens, and may also find that they are internationally non-competitive as the international environment moves toward regulation. The Discussion Paper often refers to public trust, but we argue that the question is not one of public ‘trust’, but rather whether our public institutions and their systems for handing data are ‘trustworthy’. Examples concerning personal data disasters in Australia are given. AustLII welcomes proposals of substance coming from a more developed Strategy, and will aim to interact with what should be a significant national initiative.