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On 11 June 2024, the Office of Privacy Commissioner for Personal Data (PCPD) published the “Artificial Intelligence: Model Personal Data Protection Framework” ("AI Framework"). The AI Framework aims to provide practical recommendations for organisations in their adoption of third-party AI systems to comply with the Personal Data (Privacy) Ordinance (PDPO). It builds upon the PCPD's 2021 Guidance on the Ethical Development and Use of Artificial Intelligence, shifting focus from organisations that develop in-house AI models to organisations procuring and implementing AI solutions from third parties.
The AI Framework is said to be the first comprehensive framework in the Asia Pacific region on general AI procurement and implementation from a personal data privacy perspective1, and represents a significant milestone in Hong Kong's approach to regulating AI. At the same time, the PCPD believes that the AI Framework will facilitate Hong Kong's development into an innovation and technology hub and propel the expansion of the digital economy in the Greater Bay Area.
In this article, we consider the content of the AI Framework in more detail and lay out some key takeaways for organisations seeking to ensure that their procurement and implementation of AI is compliant with the PDPO.
Click here to read the full alert.
1 Other regulators in the region have released guidelines on data privacy aspects of specific types of AI (rather than AI generally), such as the Personal Data Protection Authority, Singapore - Advisory Guidelines on use of Personal Data in AI Recommendation and Decision Systems (2024).
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