KPMG Australia (KPMG) welcomes the opportunity to provide a submission to the Digital Technology Taskforce’s Issues paper on Automated Decision Making and Artificial Intelligence regulation (the issues paper).

The safe and responsible development and deployment of new and emerging technologies like Artificial Intelligence (AI) and Automated Decision Making (ADM) presents significant opportunities such as improvements in productivity and facilitating economic growth, among many others. In order to fully harness the opportunities these technologies present, Australia’s regulation and regulatory systems must remain fit for purpose and agile.

Appropriate legal and regulatory frameworks are critical to providing individuals, businesses and government with increased certainty about the risks and benefits of adopting AI and ADM technologies, which in turn will encourage increased uptake and investment.

KPMG’s research finds that the community’s trust in AI systems strongly impacts the acceptance and adoption of the technology. If AI is not developed and used in a trustworthy manner, it is likely that its full potential will not be realised. Further, the perceived adequacy of current regulations and laws is one of the strongest drivers of trust in AI systems, highlighting the importance of the right regulatory settings.

In this submission, KPMG recommends that the Digital Technology Taskforce develop an enforceable regulatory framework for AI and ADM that builds on existing frameworks such as privacy and consumer laws, as well as identify a regulatory body to be responsible for enforcing the legislation. To ensure a fit for purpose framework, these regulations should be developed through a full industry consultation process, reviewed regularly, and be as technology neutral as possible. Additionally, the Digital Technology Taskforce could consider whether the AI Ethics Framework should be codified, to help ensure that those who benefit from AI are subject to the burden of proof that their technology is compliant and also have a clear understanding of their obligations. This will help both discourage detrimental applications of the technology while providing certainty to drive innovation.

This submission outlines 13 recommendations at section one and directly addresses the consultation questions at section two.

KPMG looks forward to continued engagement with the Digital Technology Taskforce as is develops possible reforms and action on this issue.

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