Robodebt and Novel Data Technologies in the Public Sector: How Human Rights Laws Plug Data Protection Gaps

Abstract

The recent Royal Commission into Robodebt drew Australians’ attention to the risks of data technologies in the public sector. Novel data technologies, including artificial intelligence, offer potential public benefits but create risks to individuals and society. I argue that existing Australian data protection laws offer inadequate protection against the dangers posed by the use of such technologies in the public sector. Pending more tailored legislative change, I consider the extent to which specific human rights laws such as those in Queensland, Victoria and the Australian Capital Territory, together with effective application of risk assessment methodologies within a human rights culture, could be layered over data protection laws to provide ongoing technologically-neutral protection against such harms.