Abstract
Although online technology — including artificial intelligence (‘AI’)
technology — is increasingly regulated in Australia, there are numerous challenges facing regulators in the area of consumer rights. Consumers may be negatively impacted in various ways by online technology, such as the mining and exploitation of their personal data, instances of automated decisions posing risks to their privacy, new forms of misleading or deceptive conduct online, and the anti-competitive consequences of AI-led market collusion. This article considers the impact of online technology on consumer rights in the context of the current Australian regulatory framework, by focusing on the Competition and
Consumer Act 2010 (Cth) and the Australian Consumer Law, the recommendations made in the Digital Platforms Inquiry Final Report, and the effect of the recently introduced Consumer Data Right legislation. It investigates whether the reach of Australia’s existing laws, together with the recommendations of the Digital Platforms Final Report, will be adequate to protect consumer rights in the future, finding that ongoing vigilance against technology related abuses is required of regulators and
consumers in a technology driven marketplace.
technology — is increasingly regulated in Australia, there are numerous challenges facing regulators in the area of consumer rights. Consumers may be negatively impacted in various ways by online technology, such as the mining and exploitation of their personal data, instances of automated decisions posing risks to their privacy, new forms of misleading or deceptive conduct online, and the anti-competitive consequences of AI-led market collusion. This article considers the impact of online technology on consumer rights in the context of the current Australian regulatory framework, by focusing on the Competition and
Consumer Act 2010 (Cth) and the Australian Consumer Law, the recommendations made in the Digital Platforms Inquiry Final Report, and the effect of the recently introduced Consumer Data Right legislation. It investigates whether the reach of Australia’s existing laws, together with the recommendations of the Digital Platforms Final Report, will be adequate to protect consumer rights in the future, finding that ongoing vigilance against technology related abuses is required of regulators and
consumers in a technology driven marketplace.
| Original language | English |
|---|---|
| Pages (from-to) | 467-501 |
| Number of pages | 35 |
| Journal | Adelaide Law Review |
| Volume | 42 |
| Issue number | 2 |
| Publication status | Published - 1 Dec 2021 |