Submission on anti-discrimination review

Relates to proposed terms of reference. We focus on the first proposed term, “whether the Act could be modernised and simplified to better promote the equal enjoyment of rights and reflect contemporary community standards” and the related fourth proposed term “whether the existing tests for discrimination are clear, inclusive and reflect modern understandings of discrimination”. In relation to both, we urge the review to focus inter alia on the question of the impact of socio-technical systems for decision-making in general and the impact of machine learning approaches in particular

All Rise for the Honourable Robot Judge?

There is a rich literature on the challenges that AI poses to the legal order. But to what extent might such systems also offer part of the solution? China, which has among the least developed rules to regulate conduct by AI systems, is at the forefront of using that same technology in the courtroom. This is a double-edged sword, however, as its use implies a view of law that is instrumental, with parties to proceed-ings treated as means rather than ends. That, in turn, raises fundamental questions about the nature of law and authority: at base, whether law is reducible to code that can optimize the human condition, or if it must remain a site of contestation, of politics, and inextricably linked to institutions that are themselves account-able to a public. For many of the questions raised, the rational answer will be sufficient; but for others, what the answer is may be less important than how and why it was reached, and whom an affected population can hold to account for its consequences

Who Owns Information? Law Enforcement Information Sharing as a Case Study in Conceptual Confusion

This article addresses the real impacts of conceptual confusion surrounding statutory language linking entities and information for purposes such as privacy, freedom of information, archiving, policing and evidence laws. The idea of ownership of information (which is assumed in the statutory allocation of powers of control and responsibilities) is captured in a confusing miscellany of terminology that differs across jurisdictions and contexts. It uses the example of information sharing for law enforcement purposes as a case study to highlight the practical challenges inherent in the diverse and vague statutory language linking entities and information. It then proposes a new taxonomy for attributing responsibilities and powers with respect to information that is consistent with the ephemeral nature of the subject matter

Oversight of Police Intelligence: A Complex Web, but Is It Enough?

This article analyzes the jurisdiction, function, powers, and expertise of oversight mechanisms with reference to capacity to oversee the legality of emerging police intelligence practices such as facial recognition, social media analytics, and predictive policing. It argues that oversight of such practices raises distinct issues ranging from the general oversight of policing, given the secrecy associated with police intelligence generally, to the use of complex software in particular. It combines doctrinal analysis with analysis of interviews with policing intelligence analysts, intelligence managers, lawyers, and IT professionals in three jurisdictions: Canada, Australia, and New Zealand. It brings together the roles of a variety of entities involved directly or indirectly in oversight; in particular, professional standards units, independent police and public sector oversight bodies, intelligence oversight, privacy and human rights regulators, courts, political bodies, contracting parties, and ad hoc bodies. Understanding the web of oversight as a whole, and comparing across jurisdictions, it concludes with specific proposals for reform

A Family Affair: Sharing Information about Genetic Diseases

Genetic test results provide information relevant to the future health of the person tested as well as parents, siblings, children and more distant relatives. This Article examines the legal consequences that might follow a decision to share or withhold genetic information. It argues that the obstacles to liability might not be justified in situations where either disclosure of genetic information or silence will cause significant harm

Submission to inquiry into the Freedom of Information Act 1982 (Vic)

We focus on only some of the issues raised, in particular: - Informal release (drawing attention to research on this topic done at UNSW for the NSW Information and Privacy Commission); - Changing data practices and artificial intelligence and the impact on the coherence of concepts in legislation