ARTIFICIAL INTELLIGENCE AND LAW: ISSUES OF PRIVACY, LIABILITY and REGULATION

Abstract

In the areas of governance, commerce, healthcare, criminal justice and now all consumer technology, the rollout of artificial intelligence ("AI") has surpassed the doctrinal categories upon which the law has traditionally depended to allocate rights, duties and remedies. This paper looks at three intertwined legal issues arising from the use of AI systems: the loss of informational privacy as a result of the pervasive collection of data and the prediction of behaviour; the question of how to allocate, apportion or locate civil and criminal liability within an autonomous, opaque and probabilistic technological process; and the difficulty of formulating regulatory instruments that can govern a general purpose technology without restricting innovation. With reference to various legal frameworks, including the General Data Protection Regulation, the Digital Personal Data Protection Act, 2023 (India), the European Union's Artificial Intelligence Act and common law principles of torts, alongside recent cases and decisions such as Mobley v. Workday, the Clearview AI litigation, the Cambridge Analytica enforcement action and the State v. Loomis case, this paper analyzes how existing laws are being adapted, sometimes awkwardly, to fit the world of AI and challenges the efficacy of the one-size-fits-all liability approach. The paper concludes that privacy, liability and regulation cannot be considered as separate boxes, but a reinforcing framework of algorithmic accountability – future law reform should consider these concepts as a whole.