This chapter scrutinizes the operation of public sector privacy and data protection laws in relation to AI data in the United States, the United Kingdom and Australia, to assess the potential for utilizing these laws to challenge automated government decision-making. Government decision-making in individual cases will almost inevitably involve the collection, use, or storage of personal information, and may also involve drawing inferences from data already collected. At the same time increased usage of automated decision-making encourages the large-scale collection and mining of personal data. Privacy and data protection laws provide a useful chokepoint for limiting discrimination and other harms that arise from misuses of personal information.

Chapter 6 considers the legal basis on which linked data is used and disclosed for research in the three jurisdictions under consideration. The bodies of law relevant to research using individual-level data without consent are examined. The chapter describes how these bodies of law regulate the use of data and balance the relevant private and public interests in play. The chapter critiques these bodies of law in terms of clarity and consistency, including consistency with the human rights norms and ethical principles discussed in previous chapters.

Chapter 6 considers the legal basis on which linked data is used and disclosed for research in the three jurisdictions under consideration. The bodies of law relevant to research using individual-level data without consent are examined. The chapter describes how these bodies of law regulate the use of data and balance the relevant private and public interests in play. The chapter critiques these bodies of law in terms of clarity and consistency, including consistency with the human rights norms and ethical principles discussed in previous chapters.