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Leading reform in electronic transactions, privacy and automated systems

Leading reform in electronic transactions, privacy and automated systems

By Legal Policy, Andy Kuoch

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The Technology and Innovation Section (’TIS’) brings legal professionals together to discuss and advocate on issues surrounding the intersection of technology, innovation and the law. Recent advocacy of the TIS include submissions to the ACCC’s Draft News Media Bargaining Code, the Attorney-General’s Department’s Review of the Privacy Act 1988 (Cth) and the Department of Justice and Community Safety’s consultation on making permanent temporary arrangements to electronic signing and remote witnessing of legal documents. The LIV is pleased to note that the Justice Legislation Amendment (System Enhancements and Other Matters) Bill 2021, amending the Electronic Transactions (Victoria) Act 2000, Wills Act 1997, Powers of Attorney Act 2014 and Oaths and Affirmations Act 2018, largely reflects the LIV’s submission – informed by the TIS and numerous LIV Section committees.

A central focus of the TIS has been the development of proactive responses to automated decision making, supporting the Australian Law Reform Commission’s nationwide conversation, which contemplates the need for a future inquiry into automated decision making and administrative Law. To further the membership’s understanding of issues relating to, for example, algorithmic opacity, the next TIS webinar will host Dr. Greg Adamson and explore the issue of the “black box” in artificial intelligence. If you would like to attend this free webinar, please RSVP by contacting techandprivacy@liv.asn.au with your name and LIV member number by COB Friday 19 March 2021.

TIS Webinar: Understanding the “black box” of artificial intelligence

The “black box”, defined by the UK Information Commissioner’s Office as “any AI system whose inner workings and rationale are opaque or inaccessible to human understanding”, is an important concept among technologists. Arguably, law treats the human mind itself as a black box, for example in criminal law. It is perhaps surprising then that in discussions of transparency and AI, legal scholars often assert that AI reasoning can be understood if we try, while technologists generally assert that the decision-making processes of an AI of any sophistication cannot be understood, although attempts can be made to explain the subsequent decisions. This presentation will examine these separate perspectives of AI in the context of healthcare, an area of significant AI investment, and one with a high level of community expectation regarding decision-making processes.

When: Monday 22 March 2021, 1:00-2:00pm

Dr Greg Adamson, who works with the personal data store start-up Medikey, has a PhD in e-business from RMIT University, a Grad Dip in Information Sciences, and a Bachelor of Technology in Engineering. He also recently completed a Master of Commercial Law at the Melbourne Law School. He is a Fellow of the Australasian Institute of Digital Health, an honorary Associate Professor at the University of Melbourne in the School of Computing and Information Systems, and has led several programs on technology and social responsibility, including through the Society on the Social Implications of Technology, at the Institute of Electrical and Electronics Engineers (IEEE), a 420,000-member global professional association.


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