Source: Mondaq

The article examines the implications of South Africa’s Protection of Personal Information Act (POPIA) on the use of artificial intelligence in litigation. POPIA, a comprehensive data protection law, mandates strict compliance to ensure the ethical and lawful processing of personal data, which is central to many AI applications.

In the context of litigation, the use of AI tools for evidence analysis, predictive analytics, and case management raises concerns about data privacy, fairness, and accountability. The article highlights the need for lawyers and AI developers to understand POPIA’s requirements, particularly in safeguarding sensitive information and preventing bias in algorithmic outcomes.

It also addresses challenges in implementing POPIA-compliant AI systems, such as obtaining consent, ensuring data minimization, and maintaining transparency. The discussion emphasizes the importance of balancing technological innovation with robust privacy protections to build trust in AI-driven legal processes.

By aligning AI practices with POPIA, South Africa aims to set a precedent for ethical AI integration in the legal domain, fostering accountability and reducing potential risks of misuse.