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Artificial Intelligence

Singapore’s Model Artificial Intelligence (AI) Governance Framework adopts a practical approach to addressing the risks arising from the use of AI. Although it may seem to be a “light-touch” approach, it takes into account legal requirements under applicable laws, such as Singapore’s Personal Data Protection Act 2012 (PDPA), to ensure that individuals’ rights are protected. At the same time, it recognises that many of the issues arising from the use of AI require a more “human” approach than a strict legal rule. As in other fields, good corporate governance requires more than good laws.

Internationally, there is a growing consensus on AI governance principles even if countries may differ on how such principles are implemented (for example, whether through legislation or a non-legally-binding framework). There have been numerous legal developments to watch in recent times, including legal proceedings on issues ranging from copyright infringement in the case of training generative AI to employment discrimination where automated employment screening tools were deployed. A few generative AI applications are also being investigated for data privacy and safety concerns in some jurisdictions.

On this page, we have consolidated a number of articles, produced by Drew Academy and Drew & Napier, which cover various topics relating to the use and regulation of AI. Some of the questions we hope to address in these articles are: 

  1.  What is AI, and what are its key features (from a legal perspective) that make it different from other technologies?
  2. How is the use of AI governed presently in Singapore, and across different sectors (such as healthcare, finance, employment)? How does Singapore’s approach compare with the approaches in other jurisdictions?
  3. How can we determine if the use of AI adheres to the governance principles? (testing and audits)
  4. What happens when AI does not perform as expected and how can organisations protect themselves in such a situation?
  5. How might laws relating to data protection and competition (antitrust) apply in relation to AI?
  6. How do intellectual property laws apply to the use of (generative) AI to produce creative works?
Introduction to Governance and Regulation of AI  
• Everything you need to know about AI and its regulation in 15 minutes The fundamentals: everything you need to know about AI and a 4-step framework you can use to make sense of, and keep track of, the rapid pace in its developments across the world. This foundational article covers what is AI, the key features that make it different from other technologies, and how its use is regulated in Singapore and key jurisdictions such as the UK, US and China, all condensed into a 15-minute read.
• Liability arising from the use of AI

(Published in Law Gazette)

 What happens when artificial intelligence does not perform as expected? This article explores the key features of artificial intelligence that may affect the application of conventional principles of liability, such as in tort and in contract. This is a developing area of law around the world, and we will look at the challenges faced and the proposed solutions.
 
Deploying AI in your business  
• Incorporating Singapore’s Model Artificial Intelligence Governance Framework into your business This article summarises the Singapore's Model AI Governance Framework into a handy 10-minute read, delving into the issues and solutions at each key stage of the AI development process, namely: (1) gathering data (for training), (2) model selection and training, (3) assessing the output, (4) whether to incorporate a level of human review, and (5) good governance principles to observe throughout the process.
• 10 things to include in your contract for an AI solution These are the top 10 things you must consider before you enter a contract with another party to develop an AI solution together, covering issues such as allocation of responsibilities, obtaining intellectual property protection and the importance of keeping good records of the creation process (you'll be glad you did!).
 
AI and Competition Law  
• AI and competition law – can a robot be involved in anti-competitive conduct? This article dives into 4 big competition (antitrust) issues surrounding AI: (1) algorithmic collusion, (2) personalised pricing, (3) liability for learned collusive behaviour, and (4) using AI to reinforce a dominant market power.
 
AI and Data Protection  
• Using AI to process personal data – what does the Personal Data Protection Act 2012 require? This article examines an organisation’s obligations and challenges under Singapore’s Personal Data Protection Act 2012 (PDPA) when using an AI system to process personal data. This article also considers how the unique features of AI technology could affect compliance with the PDPA, and explores possible solutions.
 
AI and Employment  
• Rise of the robot bosses: Using AI in recruitment and employee monitoring Can you use AI to screen CVs, and monitor what your employees are doing at work, and what are the legal limits when doing so? This article answers these questions, drawing on legislation and regulatory guidelines in Singapore. 
 
AI and Finance  
• When a robot manages your money: Artificial intelligence in the financial sector This article discusses responsibility where an AI system makes a ‘mistake’ in the context of executing trades, the need for transparency where an AI system (such as a robo-advisor) is used, the importance of preventing discrimination in the credit and insurance sectors, and the importance of cybersecurity with the adoption of AI systems in the financial sector.
 
AI and Healthcare  
• When your doctor is a robot: Artificial intelligence in the healthcare sector This article discusses liability for AI errors in a healthcare setting, how to obtain informed consent where AI is not always explainable, safety standards for AI tools, and the importance of having strong data protection and cybersecurity practices with the use of AI-enabled healthcare devices.
 
AI and Transport  
• Autonomous vehicles in Singapore – laws and liability How is the use of autonomous vehicles regulated in Singapore, and who should be held responsible when an autonomous vehicle is involved in an accident? The answer may be more straightforward if the vehicle was fully autonomous with no human attention required (short answer: it’s the manufacturer). But what happens where a human is partly in control of the vehicle as well? This article considers these and other issues relating to the use of AI in autonomous vehicles.
 
Intellectual Property issues relating to AI  
• IP protection of AI systems and their outputs – can AI write the next bestselling novel? How do you protect the AI system you have created? And if your AI system creates products, processes or works – can those be protected under Singapore law? This article seeks to address these issues as well as how companies can best protect themselves (and their creative works).
• When developing your AI system, can you scrape the Internet for data? In light of the recent lawsuits filed against companies behind popular generative AI tools for scraping the internet for (copyrighted) data to train the AI tool, this article examines Singapore’s position on the use of data to train AI systems. In particular, this article considers whether the position may differ in the case of an analytical AI system (e.g. that is trained to recognise images) as compared with a generative AI system (e.g. that can generate images or text based on the user’s input).