On 18 August 2021, the PCPD issued the Guidance on Ethical Development and Use of AI (AI Guidance) to help organisations understand and comply with the relevant requirements of the Personal Data (Privacy) Ordinance (PDPO) when developing or using AI, and to self-assess whether practices recommended in the AI Guidance have been adopted. Notably, the ambit of the PCPD in relation to AI is only relevant to the extent that an AI system processes personal data.
The AI Guidance recommends three fundamental Data Stewardship Values, namely, being respectful of the dignity, autonomy rights, interests and reasonable expectations of individuals; beneficial and fair to stakeholders when organisations develop and use AI. In line with international standards such as the European Commission’s Proposal for Regulation of AI and UNESCO and OECD Recommendations on AI, the AI Guidance sets out the following seven ethical principles for AI:
The practice guide within the AI Guidance provides practical examples of how organisations should approach AI governance when implementing AI in their operations, from inception to implementation and ongoing risk-based management, covering the following areas:
Organisations that intend to or have begun to develop and use AI technology in their operations are advised to assess the risk levels of their AI systems and the data privacy concerns involved and to implement the PCPD’s recommended best practices for better compliance with the relevant requirements of the Personal Data (Privacy) Ordinance.
With Hong Kong’s vision of becoming a regional data hub in innovation and technology and the increasing applications and use of AI technology in business, it is anticipated that there will be more robust AI development and governance in Hong Kong.
*Information is accurate up to 27 November 2023