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.

lgli/AI, Data and Private Law - Translating Theory into Practice_(10.5040_9781509946860).pdf

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Gary Kok Yew Chan; Man Yip; Bloomsbury Publishing

Chan Kok Yew, Gary; Yip, Man

Man Yip; Gary Kok Yew Chan

Florian Grisel

Author

Gary Chan Kok Yew and Man Yip

Beck/Hart Publishing

Bloomsbury Academic

Bloomsbury UK

First published, Oxford [i pozostałe, © 2021

United Kingdom and Ireland, United Kingdom

Oxford ; New York, 2022

London, 2021

1, 20210923

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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

"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 their 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"-- Provided by publisher

2023-05-22