AI Regulations

Ireland AI Strategy (2021)

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Over the past year or more there was been a significant increase in publications, guidelines, regulations/laws and various other intentions relating to these. Artificial Intelligence (AI) has been attracting a lot of attention. Most of this attention has been focused on how to put controls on how AI is used across a wide range of use cases. We have heard and read lots and lots of stories of how AI has been used in questionable and ethical scenarios. These have, to a certain extent, given the use of AI a bit of a bad label. While some of this is justified, some is not, but some allows us to question the ethical use of these technologies. But not all AI, and the underpinning technologies, are bad. Most have been developed for good purposes and as these technologies mature they sometimes get used in scenarios that are less good.

We constantly need to develop new technologies and deploy these in real use scenarios. Ireland has a long history as a leader in the IT industry, with many of the top 100+ IT companies in the world having research and development operations in Ireland, as well as many service suppliers. The Irish government recently released the National AI Strategy (2021).

The National AI Strategy will serve as a roadmap to an ethical, trustworthy and human-centric design, development, deployment and governance of AI to ensure Ireland can unleash the potential that AI can provide”. “Underpinning our Strategy are three core principles to best embrace the opportunities of AI – adopting a human-centric approach to the application of AI; staying open and adaptable to innovations; and ensuring good governance to build trust and confidence for innovation to flourish, because ultimately if AI is to be truly inclusive and have a positive impact on all of us, we need to be clear on its role in our society and ensure that trust is the ultimate marker of success.” Robert Troy, Minister of State for Trade Promotion, Digital and Company Regulation.

The eight different strands are identified and each sets out how Ireland can be an international leader in using AI to benefit the economy and society.

  • Building public trust in AI
    • Strand 1: AI and society
    • Strand 2: A governance ecosystem that promotes trustworthy AI
  • Leveraging AI for economic and societal benefit
    • Strand 3: Driving adoption of AI in Irish enterprise
    • Strand 4: AI serving the public
  • Enablers for AI
    • Strand 5: A strong AI innovation ecosystem
    • Strand 6: AI education, skills and talent
    • Strand 7: A supportive and secure infrastructure for AI
    • Strand 8: Implementing the Strategy

Each strand has a clear list of objectives and strategic actions for achieving each strand, at national, EU and at a Global level.

Check out the full document here.

Australia New AI Regulations Framework

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Over the past few weeks/months we have seen more and more countries addressing the potential issues and challenges with Artificial Intelligence (and it’s components of Statistical Analysis, Machine Learning, Deep Learning, etc). Each country has either adopted into law controls on how these new technologies can be used and where they can be used. Many of these legal frameworks have implications beyond their geographic boundaries. This makes working with such technology and ever increasing and very difficult challenging.

In this post, I’ll have look at the new AI Regulations Framework recently published in Australia.

[I’ve written posts on what other countries had done. Make sure to check those out]

The Australia AI Regulations Framework is available from tech.humanrights.gov.au, is a 240 page report giving 38 different recommendations. This framework does not present any new laws, but provides a set of recommendations for the government to address and enact new legislation.

It should be noted that a large part of this framework is focused on Accessible Technology. It is great to see such recommendations.  Apart from the section relating to Accessibility, the report contains 2 main sections addressing the use of Artificial Intelligence (AI) and how to support the implementation and regulation of any new laws with the appointment of an AI Safety Commissioner.

Focusing on the section on the use of Artificial Intelligence, the following is a summary of the 20 recommendations:

Chapter 5 – Legal Accountability for Government use of AI

Introduce legislation to require that a human rights impact assessment (HRIA) be undertaken before any department or agency uses an AI-informed decision-making system to make administrative decisions. When an AI decision is made measures are needed to improve transparency, including notification of the use of AI and strengthening a right to reasons or an explanation for AI-informed administrative decisions, and an independent review for all AI-informed administrative decisions.

Chapter 6 – Legal Accountability for Private use of AI

In a similar manner to governmental use of AI, human rights and accountability are also important when corporations and other non-government entities use AI to make decisions. Corporations and other non-government bodies are encouraged to undertake HRIAs before using AI-informed decision-making systems and individuals be notified about the use of AI-informed decisions affecting them.

Chapter 7 – Encouraging Better AI Informed Decision Making

Complement self-regulation with  legal regulation to create better AI-informed decision-making systems with standards and certification for the use of AI in decision making, creating ‘regulatory sandboxes’ that allow for experimentation and innovation, and rules for government procurement of decision-making tools and systems.

Chapter 8 – AI, Equality and Non-Discrimination (Bias)

Bias occurs when AI decision making produces outputs that result in unfairness or discrimination. Examples of AI bias has arisen in in the criminal justice system, advertising, recruitment, healthcare, policing and elsewhere. The recommendation is to provide guidance for government and non-government bodies in complying with anti-discrimination law in the context of AI-informed decision making

Chapter 9 – Biometric Surveillance, Facial Recognition and Privacy

There is lot of concern around the use of biometric technology, especially Facial Recognition. The recommendations include law reform to provide better human rights and privacy protection regarding the development and use of these technologies through regulation facial and biometric technology (Recommendations 19, 21), and a moratorium on the use of biometric technologies in high-risk decision making until such protections are in place (Recommendation 20).

In addition to the recommendations on the use of AI technologies, the framework also recommends the establishment of a AI Safety Commissioner to support the ongoing efforts with building capacity and implementation of regulations, to monitor and investigate use of AI, and support the government and private sector with complying with laws and ethical requirements with the use of AI.