AI and a scope of "information fiduciary"

Abstract

Recent ethical guidelines on AI development often refer to trustworthy AI and its transparency and accountability. This should be discussed legal studies too. On the other hand, the concept of "information fiduciary" has been discussed mainly in the United States as the concept of privacy in business focusing on the collection and analysis of big data. This argument only focusing on confidentiality of fiduciary duty. However, the notion of fiduciary relationship is broad that is linked based on the asymmetry of knowledge and technology and fiduciary duty sometimes involve information disclosure or accountability. This means the concept of “information fiduciary” may possible to be regard a legal base of trustworthy AI and its transparency and accountability. In this paper, I researched a main scholar of “information fiduciary” theory, Balkin’s texts and some cases and found the possibility.