Model Legal Regulation of AI in the Public Sector

Model Legal Regulation of AI in the Public Sector

Dr Will Bateman and Dr Julia Powles

This impact-driven project will produce concrete solutions (including model legislation) to regulate the use of AI by government agencies and public officials. The set of technologies which are popularly described as 'AI' have radically augmented human capacities for virtuous and vicious behaviour. The widespread adoption of AI in the public sector has the potential to fundamentally alter the relationship between citizen and government. Existing legal frameworks do not address those fundamental issues and leave the basic democratic and constitutional legitimacy of governments’ use of AI in limbo. If left un-regulated, the use of artificial intelligence by public officials will curtail people’s dignity, reduce their economic opportunities and cause significant social harm. Urgent action is required to ensure that legal constraints on governments' use of AI meet the expectations of local, national and international communities.This project responds to those challenges by delivering 2 concrete solutions: (1) a Legal Audit of AI in the Public Sector and (2) a Model Public Law on AI.Both deliverables will directly empower people engaging with government by providing a legal framework for correcting harmful or abusive uses of AI by government.The Legal Audit will provide the knowledge base for people affected by improper use of AI to assert their rights through advocacy or litigation under current legal frameworks, as well as exposing the gaps in the current constitutional and legal regulation of AI.The Model Law will provide a concrete legislative package to ensure that citizens exposed to AI have complete redress and can be adopted by parliaments Australia-wide and internationally. This Project is funded by the Minderoo Foundation and will ensure that Australia is an 'action-leader' in the race to ensure that AI is not abused by public officials. It brings together computer science experts, legal academics and public integrity officials to produce immediately deliverable solutions to one of the most pressing issues of our age.