June 22, 2023

Volume XIII, Number 173

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Australian Government Contemplates Asimov’s Omnibus

Amid the rapid acceleration of tools like ChatGPT and global calls for tailored regulation of artificial intelligence tools, the Australia Federal Government has released a discussion paper on the safe and responsible use of AI. The Government is consulting on what safeguards are needed to ensure Australia has an appropriate regulatory and governance framework to manage the potential risks, while continuing to encourage uptake of innovative technologies.

A key focus of the discussion paper is transparency.  Large language models (LLMs) like ChatGPT and other machine learning algorithms are often opaque, relying on the dataset they have been training on to deliver outcomes in ways which are difficult to analyse from the outside.  The Government is exploring the extent to which businesses using AI tools should be required to disclose publically the training datasets and how decisions are made, as well as allowing consumers affected by AI-powered decisions to request detailed information about the rationale. This builds on proposals from the Attorney-General’s review of the Privacy Act to require businesses to disclose when they use personal information in automated decision-making systems and, when requested, inform consumers how automated decisions are made, following similar requirements under the GDPR in Europe.

The discussion paper also highlights the need for supervision and oversight of AI systems, as they are being rolled out.  For AI use cases that have an enduring impact on persons, such as the use of AI in hiring and employee evaluation, the discussion paper contemplates frequent internal monitoring of the tool, as well as training for relevant personnel.

Consultation closes 26 July 2023 and submissions can be made to [email protected].

Copyright 2023 K & L GatesNational Law Review, Volume XIII, Number 173
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About this Author

Cameron Abbott, Technology, Attorney, Australia, corporate, KL Gates Law Firm
Partner

Mr. Abbott is a corporate lawyer who focuses on technology, telecommunications and broadcasting transactions. He assists corporations and vendors in managing their technology requirements and contracts, particularly large outsourcing and technology procurements issues including licensing terms for SAP and Oracle and major system integration transactions.

Mr. Abbott partners with his clients to ensure market leading solutions are implemented in to their businesses. He concentrates on managing and negotiating complex technology solutions, which...

+61.3.9640.4261
Daniel Knight, KL Gates, financial services industry lawyer, retail fund managers attorney
Senior Associate

Mr. Knight is a commercial and regulatory lawyer with a focus on the financial services industry. He advises a range of wholesale and retail fund managers, banks, financial advisers, superannuation fund trustees and other financial services firms.

Mr. Knight concentrates on commercial transactions in the industry and on advising clients about Australian licensing, disclosure, and compliance obligations. He regularly advises international fund managers about offering their products in Australia.

Mr. Knight also has...

61-3-9640-4324
Rob Pulham Corporate Attorney K&L Gates
Special Counsel

Rob Pulham is an experienced corporate advisory and transactional lawyer with an active technology and privacy practice representing companies in the energy, manufacturing, mining, retail, health and financial services sectors, as well as government and not for profit organisations. He has extensive experience advising customers and vendors in the technology industry, with particular focus on software licensing, data privacy and protection, and systems integration projects. In his role as a senior corporate lawyer, Mr. Pulham reviews organisational policies and practices...

61-3-9640-4414
Lawyer

Stephanie is a lawyer in the corporate group focusing on technology, sourcing and privacy in the Sydney office.

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Dadar Ahmadi-Pirshahid Melbourne Corporate Attorney KL Gates
Lawyer

Dadar Ahmadi-Pirshahid is a lawyer in the Corporate group in Melbourne. His focus is on technology transactions and sourcing. He received his Doctorate of Philosophy and Juris Doctor from University of Sydney.

61-3-9640-4361