Can the Law Keep Up with the Growth of AI?
Charlotte Gerrish, L. D. Morrison · 2020
This chapter examines, as the digital world advances, whether the law is able to adapt to an ever-changing environment whilst supporting and driving innovation. Personal data and copyrighted data are likely to be captured in big data sets, and both are subject to complex legal regimes, which can be problematic for innovators. While the law should be applauded for protecting individual rights, especially given several high-profile privacy scandals, it is arguable that the GDPR's strict requirements already fall behind technological advances creating hurdles for innovators - an example of law not keeping up with AI. Since text and data mining (TDM) processes big data where the copyrighted expression of work is not perceived by a human, so it is arguable that copyright infringement by TDM is less damaging than by traditional means. There should be workable solutions with further innovation with respect to the applicable legal frameworks.