Without Prejudice

This is a three-part article series discussing the impact of the Personal Information Act (4 of 2013) on artificial intelligence or machine learning systems used in the context of the workplace. Although it is dependent on the type of workplace or employer regarding the degree to which the processing of personal information by artificial intelligence systems is relevant, and may appear prescient, it is reasonable to conclude that this will grow in the not too distant future as more technologies make up the workplace. From a general perspective, this article looks at what is viewed as the relevant provisions or themes of POPI and its possible relation to artificial intelligence or machine learning systems. However, the provisions of POPI discussed are not exhaustive and other areas (not covered) may also be relevant considering the specific context in each given case. In Part 1 of the series, I discuss the background to the series; the Protection of Personal Information Act (4 of 2013), providing an overview of the Act for purposes of the series, and personal versus de-identified information: the likely relationship between POPI and AI systems.