When asked where liability lies, Chris and Ralph explained that since there are usually multiple factors in play in any dispute, each case will turn on its facts. To avoid the ethics of the decisions made by AI being another issue to consider, ideally, responsibilities should be clearly attributed and shared at the outset.
Their suggestion would be to draw from data protection and cyber security best practice principles of ‘Privacy by Design’ and ‘Security by Design’ respectively. Companies would be responsible for identifying the impact and potential issues that may arise when AI is incorporated in a decision-making process.
This interesting debate, in any case, inevitably leads to the production of rules, regulations and standards that machines using AI must adhere to. If you have any questions about the current rules applying to artificial intelligence driven products and services, you can contact our technology law experts.
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