On 18 August 2021, the Privacy Commissioner for Personal Data (“PCPD”) published its “Guidance on the Ethical Development and Use of Artificial Intelligence” (the “Guidance”) to help organisations understand and comply with the relevant requirements of the Personal Data (Privacy) Ordinance (PDPO) when they develop or use Artificial Intelligence (“AI”) in Hong Kong.
The Guidance recommends that organisations adopt three fundamental Data Stewardship Values when they develop and use AI, namely, being respectful, beneficial and fair to stakeholders. In line with international standards, the Guidance sets out the following seven ethical principles for AI:
- Accountability – Organisations should be responsible for what they do and be able to provide sound justifications for their actions;
- Human Oversight – Organisations should ensure that appropriate human oversight is in place for the operation of AI;
- Transparency and Interpretability – Organisations should disclose their use of AI and relevant policies while striving to improve the interpretability of automated decisions and decisions made with the assistance of AI;
- Data Privacy – Effective data governance should be put in place;
- Fairness – Organisations should avoid bias and discrimination in the use of AI;
- Beneficial AI – Organisations should use AI in a way that provides benefits and minimises harm to stakeholders; and
- Reliability, Robustness and Security – Organisations should ensure that AI systems operate reliably, can handle errors and are protected against attacks.
The Guidance also provides a set of practice guides, structured in accordance with general business processes, to assist organisations in managing their AI systems. The practice guide covers four main areas:
- Establish AI strategy and governance;
- Conduct risk assessment and human oversight;
- Execute development of AI models and management of overall AI Systems; and
- Foster communication and engagement with stakeholders.
Companies wishing to ensure compliance with regulatory requirements such as the above should consider engaging a professional corporate governance advisor, such as Hauzen Services Limited.
For assistance with Personal Data (Privacy) Ordinance, please contact us today.