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Human Rights Commission proposes new AI legislation
As artificial intelligence and new technology disrupt businesses and standard practices, the Australian Human Rights Commission released a template and a discussion paper to make wide-ranging proposals for safeguarding human rights and ensuring accountability.
Naomi Neilson
The commission focused on potentially harmful use of facial recognition technology and accessibility for people with disability. It made arguments that where artificial intelligence (AI) is used to make significant decisions, any affected individual should understand what the basis of the decision is and, if necessary, to challenge it.
Mr Santow said in the last year, the commissioner has seen “troubling examples” of what emerging technology is doing to vulnerable members of the community. AI is continuously used to make high-stakes decisions that have had “serious human rights impacts”.
The commission is proposing the introduction of a statutory cause of action for the serious invasion of privacy and federal legislation requiring that individuals be informed where AI is materially used in a decision that affects their human rights.
This federal legislation would also create a general rule that the legal person who deploys an AI-informed decision-making system is legally liable for the use of the system.
The commission has also called for the government to establish an independent body to inquire into ethical frameworks. There should also be a AI safety commissioner to sit as an independent statutory office and observe a national leadership role. In the report, the commission said: “New technologies engage human rights in new and profound ways.”
“Governments, companies and others should comply with human rights law in the design, development and the use of technology.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
