‘The proliferation of Artificial Intelligence (“AI”) has led to paradigm shifts in the context of innovation. With rapid advancement in technology in the past twenty to thirty years, large swathes of data were being generated, collected, and used. It was quickly recognised that this affected all facets of society, and that rules and regulations were urgently required to prevent the unfettered flow and (mis)use of data. Examples of such regulations included the groundbreaking General Data Protection Regulation (“GDPR”), and Singapore’s Personal Data Protection Act (“PDPA”). However, just over a decade after the enactment of such rules and regulations, another paradigm shift is on the horizon. Artificial intelligence and generative intelligence are radically transforming how data can be interpreted, used, and presented. It has validly been pointed out that such generative artificial intelligence could bring forth a new epoch of data synthesis and augmentation. This paper discusses how policy and regulations can work to address issues surrounding the use of input data, which is critical to generative AI. Specifically, it will examine whether input data should be considered “personal data” and thus caught by the GDPR or Singapore’s PDPA; whether there is a recourse for emotional harm caused by content generated using such data. It will also discuss some of the current limitations and gaps that exist in the current regulatory framework. It is hoped that this discourse will further the continuing dialogue on the intersection between data protection and artificial intelligence, particularly in the domain of Generative AI and Data Protection.’
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AI Update 