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

(2019) 4(4) American Journal of Science, Engineering and Technology 55

11 Pages Posted: 6 Jan 2020 Last revised: 18 Feb 2020

See all articles by Robert Walters

Robert Walters

Victoria University - Adjunct Professor European Faculty of Law

Matthew Coghlan

affiliation not provided to SSRN

Date Written: December 13, 2019

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.

Keywords: Artificial Intelligence Data Protection Australia European Union Singapore

Suggested Citation

Walters, Robert and Coghlan, Matthew, Data Protection and Artificial Intelligence Law: Europe Australia Singapore - An Actual or Perceived Dichotomy? (December 13, 2019). (2019) 4(4) American Journal of Science, Engineering and Technology 55, Available at SSRN: https://ssrn.com/abstract=3503392 or http://dx.doi.org/10.2139/ssrn.3503392

Robert Walters (Contact Author)

Victoria University - Adjunct Professor European Faculty of Law ( email )

No Address Available
Australia

Matthew Coghlan

affiliation not provided to SSRN

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
42
Abstract Views
301
PlumX Metrics