Criminal Liability for Data Leaks Caused by Artificial Intelligence in Providing Legal Consultation
Year: 2024
Type: article
Abstract: This study aims to analyze criminal liability for data leaks caused by AI in legal consulting services. Artificial Intelligence that can think and act like a human automatically has the potential to leak data in legal consulting services when a system error occurs. Indonesia's positional law that regulates technology and data protection has not sufficiently accommodated the actions caused by Artificial Intelligence as accountable acts. This type of research is normative legal research, with a legislative approach and a conceptual approach. The technique of collecting legal materials uses literature study with descriptive analysis techniques. The results of this study show that in Indonesian criminal law, criminal liability for data leaks caused by Artificial Intelligence is still not accommodated in existing regulations. The Personal Data Protection Law and the Electronic Information and Transaction Law have not explicitly regulated criminal liability for data leakage crimes caused by AI. As a result, the actions of AI that caused data leaks cannot be accounted for. With the existence of a substitute criminal liability model (vicarious liability), it can be adopted as AI accountability with the burden of criminal liability being delegated to the AI organizer or operator itself. However, this regulation related to accountability needs to be accommodated in the provisions of Indonesian criminal law, especially the regulation in the Personal Data Protection Law.
Author: Dinata Shofia Salsabila
Institution: Universitas Trunodjoyo Madura
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408020781