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Privacy law is ‘clear cut’ on AI, commissioner Carly Kind says

Businesses using AI may face complex privacy requirements, but there is no "grey area" in existing laws, Kind told Capital Brief.

Privacy Commissioner Carly Kind. Supplied.

Controversy over medical imagery data collected by radiology giant I-MED and transferred in 2019 to startup Harrison.ai sparked debate last month over how privacy laws apply to AI model training and the use of de-identified information.

Some legal experts say the conduct uncovered by Crikey indicated regulatory uncertainty and potential grey areas in national privacy laws.

However, Privacy Commissioner Carly Kind told Capital Brief she would question the use of the term “grey area”, describing data used for AI model training as a “complex matter of statutory interpretation".

On Monday, the regulator published new guidance for businesses and developers on how privacy law applies to artificial intelligence. Kind has previously indicated that the regulator is working to strengthen its enforcement approach.