AI

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.

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