Lawyers Weekly Aus write…
Laws designed to enforce accountability of cyber technology and artificial intelligence should be strengthened as “shonky dealings” reveal where the legal protections have been inadequate and have the potential to undermine profitability of information.
Speaking in Brisbane, senior counsel at the Victorian Bar Fiona McLeod said the legal corruption bodies, consumer protection regulations and anti-corruption bodies “seeking to protect the community from cyber abuse” needs more power and resources to invest in creating increased accountability around the way AI asks for and retains information.
“We are clutching at fig leaf regulations and laws to protect our privacy, human rights and right to hold institutions to account, to insist on our side of the social contract,” Ms McLeod said. “Clearly the Genie is out of the bottle. The question is, how do we make sure our three wishes are worthy as we head willingly toward oblivion.”
Ms McLeod noted there was “early vague commitments” to FOI law reform and a prior promise of transformation, but nothing explicit in terms of assurances of accountability. She said much like a Genie in the lamp, the trick is in the framing of the question: “You asked AI to solve climate change, AI gave you Armageddon.”
In the digital age, users are signing over personal information which is then used by a range of government and business entities to share across multiple platforms. It’s been generally assumed there is no choice: “We hand over our data and trust it is protected.”
“We need to develop our privacy protections to address complaints and consequences – enforceable causes of action by affected individuals, impact assessments and with notifications,” Ms McLeod said.
“We need to capture actors in privacy laws and give citizens a cause of action concerning false information during elections.”
Ms McLeod said laws and practices are usually outdated by the time they have made it to being introduced and “we need serious investment in catching up”. From electoral laws through to human and privacy rights, there needs to be adequate updates.
