The first AI-related draft law in Asia for public comments, Shenzhen Special Economic Zone Artificial Intelligence Industry Promotion Regulations (Draft)

2021.07.14 Shenzhen published the "Shenzhen Special Economic Zone Artificial Intelligence Industry Promotion Regulations" for comments. This draft outlines the regulatory scope of artificial intelligence (middle: artificial intelligence) and how the industry using artificial intelligence (middle: artificial intelligence) should be affected. The supervision and matters needing attention, and more importantly, the industry and Shenzhen have clearly set out the required obligations. The following introduces why Shenzhen, why this law exists, and what does this law regulate?

Why Shenzhen?

Reason 1: In October 2020, the General Office of the Central Committee of the Communist Party of China and the State Council issued the "Shenzhen Construction of a Pilot Demonstration Zone of Socialism with Chinese Characteristics Comprehensive Reform Pilot Implementation Plan (2020-2025)", which mentioned that Shenzhen must be in the field of AI, unmanned driving, and big data. and other emerging areas to try through the SAR legislation.

Reason 2: It is specifically mentioned in the draft description issued by Shenzhen, "Hong Kong also has a certain leading advantage in artificial intelligence academic research. With the development opportunity of the Guangdong-Hong Kong-Macao Greater Bay Area, it can explore areas such as the Shenzhen-Hong Kong Cooperation Zone to attract Hong Kong and Macao. and international high-end talents..." One of the reasons for the decision to carry out the project in Shenzhen was the hope of cooperation between Shenzhen, Hong Kong and Macau.

Reason 3: Shenzhen is known as China's Silicon Valley , and the relevant laws and regulations for the development of AI here are indicative.

The core purpose of this law

Purpose 1: Basic legislation _ The content does not involve too many details, and the space can be connected with other legislation in the future.

Objective 2: Innovative legislation _ To carry out legislation at this stage.

Purpose 3: Promoting Legislation _ Support industrial development and create principles for development.

What does this regulation regulate?

Key point 1: Defining artificial intelligence (middle: artificial intelligence)

(Article 2) Refers to the use of artificial methods and technologies, the use of computers or equipment controlled by them, through learning and analysis of collected external data, perceiving the environment, acquiring knowledge, deducing and deducing, researching and developing for simulation, extension and the ability to expand the theory, method, technology and application of human intelligence.

Key point 2: Draw the artificial intelligence industry (middle: artificial intelligence industry)

(Article 3) Core industries such as the development and production of software and hardware products, system applications, and integration services involved in AI research and application, as well as related issues driven by the integration and application of AI technology in the fields of people's livelihood services, social governance, and economic development. industry.
Note _ covers a fairly wide range

Key point 3: Establishment of a data ecosystem

(Article 32) Formulate a unified data standard "... Formulate a standard system for public data and industry data in the field of artificial intelligence applications to achieve standard unification and data interoperability."

(Article 33) Classified and graded opening of public data "The Municipal People's Government and its relevant departments shall build a public data open platform for the application of artificial intelligence in people's livelihood services, social governance, economic development, etc., and establish public data in the application field of artificial intelligence. Open the list and adjustment mechanism, and promote the orderly opening of public data classification and classification.”

(Article 39) Build an artificial intelligence innovation platform that all industries can participate in, and open up important key technologies

Focus 4: Artificial Intelligence (Middle: Artificial Intelligence) Governance

(Article 68) Responsibilities of the Artificial Intelligence Ethics Committee "To carry out key areas such as data monopoly , algorithm discrimination , intelligence abuse , deep fraud, data poisoning, privacy protection , ethics, unequal intelligent operation , and impact on social structure. Monitoring and judgment; ... guide different types of artificial intelligence companies to establish and improve ethical and safety governance systems.”

(Article 71) Hierarchical supervision, pre-assessment and risk warning for high risks; pre-disclosure and post-control for medium and low risks.

(Article 72) Different density regulations are adopted for the algorithm, and some parts need to be explained in a way that the public can understand.
"Classification and regulation are carried out according to the different subjects used by artificial intelligence algorithms, the different objects targeted by the algorithms, and the different fields involved in the algorithms. For algorithms in the public decision-making field and in the commercial field involving public interests, the algorithm should be explained in a way that is understandable to the public . "

(Article 75) Enterprise self-governance, enterprises should practice compliance education and ethics education.

(Article 76) Each enterprise needs to conduct a risk assessment (whether it will infringe on life, body, property or have a negative impact on specific groups)

(Article 81) The retrospective mechanism, the interaction between humans and artificial intelligence should be more transparent, and the decision-making process of artificial intelligence can be traced back.

After the European Union issued the AI Regulation (Artificial Intelligence Regulation) and the US Federal Trade Commission put forward in- principle recommendations on the use of AI, China has also released draft legislation related to artificial intelligence with Chinese characteristics. Although it is a fairly principled norm at present, how it will develop in the future, and how technology, law, and individual rights will be balanced, deserves our continued attention.

Explanation and Source of Articles of Shenzhen Draft Legislation

Original link: Kai's Lawlawland