AI, Data and Private Law: Translating Theory into Practice

Description

This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given the differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US. This research is supported by the National Research Foundation, Singapore under its Emerging Areas Research Projects (EARP) Funding Initiative. Any opinions, findings and conclusions or recommendations expressed in this material are those of the authors and do not reflect the views of National Research Foundation, Singapore. Table of Contents List of Contributors Table of Cases Table of Legislation 1. AI, Data and Private Law: The Theory-Practice Interface I. Introduction II. AI, Big Data and Trust III. Data Protection, Governance and Private Law IV. AI, Technologies and Private Law V. Conclusion Postscript PART I: Data Protection, Governance and Private Law 2. How to De-identify Personal Data in South Korea: An Evolutionary Tale I. Introduction II. The Legal Context III. Debates on the De-identification of Personal Data Prior to the 2020 Amendments IV. Theoretical and Practical Perspectives 3. Data Trusts for Lawful AI Data Sharing I. Introduction II. Obstacles to Data Sharing III. Solving the Data-Sharing Problem IV. Routes to a Regulation and Governance System V. What Does a Data Trust Look Like? VI. Governance to Achieve Trust VII. Outsourcing Regulatory Compliance to Data Trusts VIII. Conclusion 4. The Future of Personal Data Protection Law in Singapore: A Role for the Use of AI and the Propertisation of Personal Data I. Introduction II. AI: Trust, Security and Regulation III. The Case for the Propertisation of Personal Data IV. The Usefulness of Property Rights in Personal Data and to the Deployment of AI V. Final Remarks 5. Personal Data as a Proprietary Resource I. Introduction II. The Position at Common Law III. Objections to Property Analysis IV. Conceptions of Property V. The Personal Data Protection Act 2012 VI. Instituting a Proprietary Resource VII. Conclusion 6. Transplanting the Concept of Digital Information Fiduciary? I. Introduction II. The Gap in Existing Solutions III. Fiduciary Law as Part of the Solution? IV. An Equitable Conception of Digital 'Information Fiduciary' under Singapore and Malaysian Law? V. Conclusion Postscript PART II: AI, Technology and Private Law 7. Regulating Autonomous Vehicles: Liability Paradigms and Value Choices I. Setting the Context II. Singapore: Still at a Regulatory Standstillwith No Discernible Movements III. Australia: Years of Consultation Preceding the 2020 Legislative Agenda IV. New Zealand: One Scheme to Rule Them All V. Japan: Recourse to Academic Expertise VI. The UK: Attempting to Spearhead a Regulatory Framework VII. The EU: An Overarching Regional Framework Supplemented by Domestic Laws VIII. Appraising the Different Approaches, Value Choices and the Necessary Political Will 8. Medical AI, Standard of Care in Negligence and Tort Law I. Introduction II. Extending the Law of Medical Negligence in Singapore and Malaysia to Medical AI III. Alternative Basis for Tortious Liability? Assessing Vicarious Liability, the Independent Contractor Defence and Non-delegable Duties IV. Conclusion 9. Contractual Consent in the Age of Machine Learning I. Introduction II. The Technology behind Algorithmic Contracts III. Questions of Contractual Consent in the Law of Formation IV. Questions of Contractual Consent in the Law of Unilateral Mistake V. Conclusion 10. Digital Assets: Balancing Liquidity with Other Considerations I. Introduction II. The Timeliness of the Topic III. The Different Types of Digital Assets and their Legal Considerations IV. Artificial Intelligence: Digital Asset Management and the Monetisation of Digital Assets V. Tokens, ICOs and Specific Legal Issues VI. Conclusions 11. Blockchain in Land Administration? Overlooked Details in Translating Theory into Practice I. Introduction II. Introducing Blockchains III. Conclusive Record of Land Ownership as a Prerequisite to Successful Implementation IV. The Compatibility Issue V. Motivations for Taking the Leap VI. Conclusion Index