Regulating AI around the World

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Continuing my series of blog posts on various ML and AI regulations and laws, this post will look at what some other countries are doing to regulate ML and AI, with a particular focus on facial recognition and more advanced applications of ML. Some of the examples listed below are work-in-progress, while others such as EU AI Regulations are at a more advanced stage with introduction of regulations and laws.

[Note: What is listed below is in addition to various data protection regulations each country or region has implemented in recent years, for example EU GDPR and similar]

Things are moving fast in this area with more countries introducing regulations all the time. The following list is by no means exhaustive but it gives you a feel for what is happening around the world and what will be coming to your country very soon. The EU and (parts of) USA are leading in these areas, it is important to know these regulations and laws will impact on most AI/ML applications and work around the world. If you are processing data about an individual in these geographic regions then these laws affect you and what you can do. It doesn’t matter where you live.

New Zealand

New Zealand along wit the World Economic Forum (WEF) are developing a governance framework for AI regulations. It is focusing on three areas:

  • Inclusive national conversation on the use of AI
  • Enhancing the understand of AI and it’s application to inform policy making
  • Mitigation of risks associated with AI applications

Singapore

The Personal Data Protection Commission has released a framework called ‘Model AI Governance Framework‘, to provide a model on implementing ethical and governance issues when deploying AI application. It supports having explainable AI, allowing for clear and transparent communications on how the AI applications work. The idea is to build understanding and trust in these technological solutions. It consists of four principles:

  • Internal Governance Structures and Measures
  • Determining the Level of Human Involvement in AI-augmented Decision Making
  • Operations Management, minimizing bias, explainability and robustness
  • Stakeholder Interaction and Communication.

USA

Progress within the USA has been divided between local state level initiatives, for example California where different regions have implemented their own laws, while at a state level there has been attempts are laws. But California is not along with almost half of the states introducing laws restricting the use of facial recognition and personal data protection. In addition to what is happening at State level, there has been some orders and laws introduced at government level.

  • Executive Order on Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government
    • This provides guidelines to help Federal Agencies with AI adoption and to foster public trust in the technology. It directs agencies to ensure the design, development, acquisition and use of AI is done in a manner to protects privacy, civil rights, and civil liberties. It includes the following actions:
      • Principles for the Use of AI in Government
      • Common Policy form Implementing Principles
      • Catalogue of Agency Use Cases of AI
      • Enhanced AI Implementation Expertise
  • Government – Facial Recognition and Biometric Technology Moratorium Act of 2020. Limits the use of biometric surveillance systems such as facial recognition systems by federal and state government entities

USA – Washington State

Many of the States in USA have enacted laws on Facial Recognition and the use of AI. There are too many to list here, but go to this website to explore what each State has done. Taking Washington State as an example, it has enacted a law prohibiting the use of facial recognition technology for ongoing surveillance and limits its use to acquiring evidence of serious criminal offences following authorization of a search warrant.

Canada

The Privacy Commissioner of Canada introduced the Regulatory Framework for AI, and calls for legislation supporting the benefits of AI while upholding privacy of individuals. Recommendations include:

  • allow personal information to be used for new purposes towards responsible AI innovation and for societal benefits
  • authorize these uses within a rights-based framework that would entrench privacy as a human right and a necessary element for the exercise of other fundamental rights
  • create a right to meaningful explanation for automated decisions and a right to contest those decisions to ensure they are made fairly and accurately
  • strengthen accountability by requiring a demonstration of privacy compliance upon request by the regulator
  • empower the OPC to issue binding orders and proportional financial penalties to incentivize compliance with the law
  • require organizations to design AI systems from their conception in a way that protects privacy and human rights

The above list is just a sample of what is happening around the World, and we are sure to see lots more of this over the next few years. There are lots of pros and cons to these regulations and laws. One of the biggest challenges being faced by people with AI and ML technologies is knowing what is and isn’t possible/allowed, as most solutions/applications will be working across many geographic regions