Criminal Liability for Data Leaks Caused by Artificial Intelligence in Providing Legal Consultation

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.

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Publication Details

Journal
International Journal of Law Dynamics Review
Published
2024-11-10
DOI
https://doi.org/10.62039/ijldr.v2i2.49
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Criminal Liability for Data Leaks Caused by Artificial Intelligence in Providing Legal Consultation

Dinata Shofia Salsabila
International Journal of Law Dynamics Review
Digital Transformation in Law
article

Criminal Liability for Data Leaks Caused by Artificial Intelligence in Providing Legal Consultation

Dinata Shofia Salsabila
article en

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.

International Journal of Law Dynamics ReviewVol. 2(2)
Universitas Trunodjoyo Madura (ID)
Openalex Percentile: Top 49%
Digital Transformation in Law
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