Surveillance, data-driven inferencing and the rule of law

To what extent should a government respond to citizen needs and deliver services, not by asking them their preferences, but by predicting their preferences through surveillance and data-driven inferencing? To what extent ought a government take advantage of risk assessment tools, social media analytics and public surveillance (with face-matching) to identify threats and respond accordingly? Is statistical accuracy the primary metric or are there deeper concerns with a state classifying people before deciding what services to deliver, what decisions to make, or what powers to exercise?
This talk will explore our ability to answer these questions by reference to rule of law thinking and values. It will also consider the Australian government’s apparent move away from the rule of law as a “red line” regarding electronic surveillance. How will the rule of law need to “adapt” to socio-technical change, as governments exploit AI tools to better understand, monitor and control their citizens?