Ying Hu, National University of Singapore, Faculty of Law, is publishing Unjust Enrichment Law and AI in The Cambridge Handbook of Private Law and Artificial Intelligence, Chapter 13 (forthcoming). Here is the abstract.
Unjust enrichment is a plausible cause of action for individuals whose data has been collected and used without their consent to train, develop, or improve AI systems. Disgorgement of profits may be possible in some situations where the defendant has unlawfully collected or used personal data. Gain-based remedies have a number of advantages in this context, including the fact that it may be relatively easy to ascertain the gain, but demonstrating the loss will be considerably harder. However, contractual pre-emption may limit the utility of claims for unjust enrichment.
Download the essay from SSRN at the link.
