Google’s artificial intelligence (AI) has been found breaching court-ordered name suppression in New Zealand, raising serious legal and ethical concerns. The AI, through its overview feature and search-related functions, has revealed the identities of individuals whose names were legally suppressed while facing court proceedings.
Suppression Breach Raises Legal Concerns
One of the most notable cases involved former ACT Party president Tim Jago, who was convicted of sexually abusing two teenage boys in the 1990s. Jago had been granted name suppression for two years, but before it officially lapsed, Google’s AI reportedly provided direct responses naming him when users searched for details about the case.
New Zealand’s name suppression laws are designed to protect individuals involved in legal proceedings, particularly victims, minors, and those whose cases might be compromised by public exposure. Breaching such orders can carry significant legal consequences, yet the ability of AI to access and display suppressed information has exposed a major loophole in digital compliance with these laws.
Google Fails to Explain AI’s Data Access
Despite repeated inquiries, Google has yet to explain how its AI accessed suppressed information. The company has not provided clarity on whether the AI independently processed existing online data or if it pulled information from sources that should have been restricted under New Zealand law.
Attorney-General Judith Collins stated that the issue had not been officially brought to her attention, further raising concerns about regulatory oversight in the wake of AI-driven breaches.
Media law expert Steven Price from Victoria University suggested that this development was unsurprising, given the challenges of enforcing name suppression in the digital age.
“It seems to me just another development which was always a challenge to our name suppression regime – people sticking something up online and other people finding it,” Price said.
New Zealand’s name suppression laws have tightened over the years, with the government deciding about a decade ago that public figures should not automatically be granted suppression. However, cases involving high-profile individuals often lead to speculation, making enforcement increasingly difficult.
AI Pushing the Boundaries of Legal Protections
Only about 1% of cases in New Zealand involve name suppression, primarily for protecting victims of crimes such as sexual assault or safeguarding minors. While AI breaches in cases involving defendants are concerning, experts warn that the situation could become far worse if AI systems begin exposing victims’ identities.
Price noted that while Google’s AI likely does not have access to suppressed victim names, the possibility of further breaches remains troubling.
According to Google’s privacy policy, its AI can access publicly available online data, including cloud-stored information. However, the company has denied that its AI scrapes private cloud data without user permission. Despite this assurance, Google has faced lawsuits overseas over alleged data privacy violations, including unauthorised eavesdropping and tracking personal data without consent.
Calls for Greater Oversight and Regulation
The breach has intensified calls for stronger AI regulations to prevent further violations of legal protections. Legal experts argue that tech companies must take greater responsibility for ensuring their AI systems comply with local laws, particularly when handling sensitive legal matters.
While no official legal action has been taken against Google in New Zealand, the situation highlights the growing tension between rapidly advancing AI technology and existing legal frameworks. The lack of immediate accountability from Google also shows the need for clearer regulations governing AI compliance with privacy and suppression laws.