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Wise Law Taking out fear and introducing fair
from Balance 2-21
LAW INTERN, JURIS DOCTOR STUDENT | WISELAW info@wiselaw.com.au www.wiselaw.com.au 0447 534 023 @WiseLaw3 @1WiseLaw
Taking out fear and introducing fair:
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A human rights report on Australia’s approach to technology, regulation and artificial intelligence
The new age of technological developments generate vast amounts of opportunity for society, where individuals, the public and private sector all reap the social and economic benefits.
Technological determinism is ever prevalent where advancements are increasingly affecting the worlds political, economic, social and cultural structures. New technology, without a doubt, can and will improve our lives. However, when in the wrong hands, or when poorly designed it will have a detrimental impact. The development of Artificial Intelligence (“AI”) can be exclusionary in nature, as it is not accessible to the less privileged or people with different abilities and/or disability. Unaccountable use of AI encourages an abuse of power by government and corporations, and it is more important than ever that technology is used in a responsible way. Systems must be put in place that safeguard the Australian community. The Australian Human Rights Commission (AHRC) highlights how human rights are universal and should be at the forefront of consideration when developing and using new technologies.
In its recent report ‘Human Rights and Technology’ the AHRC has published a four-part report that highlights the importance of human rights being at the centre of Australia’s approach to technology. The Commission
has made 38 recommendations to government, private sector and individuals surrounding the development and use of technology. The Commission recommends that there should be stronger laws governing the regulatory system to ensure AI-informed decision-making is ‘lawful, transparent, explainable, responsible, and subject to appropriate human oversight, review and intervention’. The aim is to educate Australians about the opportunities and threats posed by new and emerging technologies. The AHRC includes a template for reform that focuses on human rights protection that informs the government and private sectors of what accountable AI decision entails.
Succinct breakdown of the report
The Commission recommends that the Australian Government embrace technological innovation that upholds its true liberal democratic values. This can be done through implementing a national strategy on new and emerging technologies that puts human rights are the centre of its approach.
AI is changing the way decisions are made by the government and private sector
The report highlights how AI is impacting decision making by government and the private sector— and calls for accountability in regard to human rights and the use of technology. The regulations should complement and support existing legal regulation to generate better AI-informed decision-making systems through a standardised use of technology. The Commission demands a better monitor of algorithm bias, unfairness and discrimination, stating that government must ensure that anti-discrimination laws are created (and observed) in the context of AI-informed decision making. Regulation must focus on diversity, and an independent statutory authority is recommended to focus on risk of harm. This can be done through the establishment of an AI Safety Commissioner to provide expertise on the development and use of AI. If a Safety Commission is created it will provide capacity for regulators to improve through education, training and targeted advice to parliament, corporation and policy makers.
Improved accessibility of goods, services and facilities for the disabled
There is a concern surrounding the accessibility of Digital Communication Technologies for people with disability. The Commission recommends that good technology design will enable the participation of people with disability, where poorly designed systems will cause significant harm. The aim is to improve functional accessibility through creating a new disability standard which will improve the accessibility and use technology to those who are most vulnerable.
The full document can be accessed at: https://tech.humanrights.gov.au/downloads.
On other things: SCAM ACTIVITY INCREASES DURING 2020
On 7 June 2021, the Australian Competition & Consumer Commission published its latest targeting scams activity report which can be read on their website here: https://www.accc.gov.au/publications
INCREASE IN SCAMS FROM 2019 TO 2020 DUE TO THE COVID-19 PANDEMIC
Of note: + 96% classified scams = $5.5m + 52% online shopping scams = $7.4m + 74% remote access scams = $8.4m + 178% threat-based scams = $11.8m + 2,000% health/medical scams = $3.9m
