Australian Human Rights Commission Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023 the Metaverse is only one example of a new and emerging technology which may pose an increased risk to privacy and data online. 48. This highlights the need for technology neutral legislation to adapt to new and emerging technologies. Recommendation 7: Privacy legislation must be drafted in technologyneutral terms. 4 Promoting the regulation of artificial intelligence 49. There are numerous human rights risks associated with the unregulated use of AI. The following risks of AI are especially relevant: • malicious use of an AI tool to commit crime or cause harm • enhanced surveillance that poses risks to privacy and human dignity • safety risks and damage from negligence • harm to consumers • concerns about automation of decision-making, including bias and reduced accountability • potential threats to democracy • reduced employment for humans • potential threats from artificial general intelligence.29 50. These are just some of the risks which in-part justify the need for regulation of AI. The Commission is especially concerned about the role that algorithmic bias plays in entrenching discrimination. 4.1 Algorithmic bias 51. While AI allows large amounts of relevant information to be considered in decision-making processes and may encourage efficient, data-driven decision making, its regulation is becoming increasingly important, due to its potential to produce ‘algorithmic bias’. Algorithmic bias arises where an AI tool produces outputs that result in unfairness.30 Algorithmic bias can entrench unfairness, or even result in unlawful discrimination. 31 12

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