The Office of the Australian Information Commissioner (OAIC) has published two new guides to assist organisations in navigating the intersection of AI and privacy:
- Guidance on privacy and the use of commercially available AI products: This guide assists organisations in complying with privacy obligations using commercially available AI products and helps them to select an appropriate product. It also addresses the use of AI products that are freely available, such as publicly accessible AI chatbots.
- Guidance on privacy and developing and training generative AI models:: This guide is for developers of generative AI models or systems that use personal information. While it focuses on generative AI, developers of any kind of AI model that involves personal information will find it helpful.
In the media release accompanying the Guides, Australian Privacy Commissioner Carly Kind stated, ‘Our new guides should remove any doubt about how Australia’s existing privacy law applies to AI, make compliance easier, and help businesses follow privacy best practices. AI products should not be used simply because they are available. The community and the OAIC expect organisations seeking to use AI to take a cautious approach, assess risks and make sure privacy is a key consideration. The OAIC reserves the right to take action where it is not.’