Put the brakes on AI rollout, new privacy commissioner says
The nation’s new privacy commissioner is frustrated big tech companies are pushing for the urgent rollout of artificial intelligence without appropriate safeguards in place to protect citizens.
Commissioner Carly Kind said she was not terrified of an AI-future, but was concerned about the speed at which the fast-evolving technology is being used, adding it would take time to understand AI’s implications and legislate against its misuse.
Commissioner Carly Kind wants a cautionary approach to the rollout of artificial intelligence.
“I’m frustrated there’s a sense of urgency for deployment, which seems to override a cautionary approach,” said Kind, who has extensive experience in AI.
“There’s a sense that we’re not using AI right now, we’re missing out on an opportunity, which is squeezing out the time we need to think about what does it look like in a good way and how do existing laws and regulations apply.”
Kind, who started in her role earlier this year, is the first standalone privacy commissioner after the Albanese government last year wound back Abbott-era cuts to bolster the Office of the Australian Information Commission, which was initially set up with three commissioners to oversee privacy, information and freedom-of-information.
The privacy commissioner has the power to investigate serious privacy breaches, but the threshold is so high, the office has launched only two civil penalty proceedings against organisations in the past nine years.
Reforms to the Privacy Act, which the Attorney-General Mark Dreyfus will introduce to parliament in August, will expand the privacy commission’s capacity to crack down on breaches.
Under existing laws, the commissioner can launch legal proceedings only for “serious or repeated interference”, but there will be new low-tier and mid-tier civil penalty provisions, likely resulting in increased enforcement of non-serious and one-off breaches.
“The reforms enable us to take a much more front-footed approach to addressing the most serious and harmful privacy invasions,” Kind said. “The Privacy Act is a principle-based framework [but] some of it is out of date and hasn’t kept pace with the development we’re seeing.”
The new proposed laws come in response to a two-year review of the nation’s privacy laws, commissioned by the Morrison government. Of the 116 suggestions, Dreyfus agreed and committed to 38, agreed in principle to 68 and “noted 10”.
Attorney-General Mark Dreyfus will introduce reforms to the Privacy Act in August.
The details of the new bill have not yet been finalised, but is likely to include the 38 recommendations the government agreed to, such as giving Australians the right to sue for privacy invasions, while the government mulls over the rest of the recommendations.
Small businesses have raised concerns about the regulatory and financial burden of being forced to comply with privacy rules, but Kind said good privacy practice was fundamental to operating a good business.
“Non-compliance isn’t just a compliance issue, it’s harmful,” she said. “That’s the shift I’d like to see, and we are seeing.
“Over three-quarters of cyberattacks [stealing data] are criminal attacks and that’s only going to continue. One of the first lines of defence is not holding that data. You can’t lose data if you don’t hold that data.”
Kind is conducting her first sit-down interview since taking on the role to mark Privacy Awareness Week. This year’s theme is “powering up your privacy” to empower people about their rights to privacy online even in a digital age, and with the advent of social media.
She started in the role soon after the Office of the Australian Information Commissioner announced it was holding an inquiry into TikTok’s handling of personal information to determine whether the social media giant that is harvesting the data of Australians without their consent will need to be formally investigated.
Kind said the inquiries were still ongoing and TikTok had been “forthcoming” with information. An inquiry is the step before a formal investigation is initiated.
“We’re still considering the information we have, so I don’t have a strong timeline,” Kind said. “We should be able to update the public in the coming months.”
The Business Briefing newsletter delivers major stories, exclusive coverage and expert opinion. Sign up to get it every weekday morning.