Managing AI development: Legal challenges and responsibilities

July 03, 2024 - 07:56
Dr. Nguyễn Văn Cương, Director of the Institute of Legal Science and Strategy under the Ministry of Justice spoke to Tin tức (News) newspaper about the development and application of AI.
Dr. Nguyễn Văn Cương, Director of the Institute of Legal Science and Strategy under the Ministry of Justice. — Photo

The development and application of artificial intelligence (AI) technology presents many challenges for management. Dr. Nguyễn Văn Cương, Director of the Institute of Legal Science and Strategy under the Ministry of Justice spoke to Tin tức (News) newspaper about this issue.

What are the current legal issues related to the development and application of AI?

AI is one of humanity's significant technological achievements in the Fourth Industrial Revolution. Responsible development and application of AI can drive breakthroughs in the socio-economic development of each country and the global economy, contributing to increased labour productivity across various sectors.

However, the development and application of AI tools, especially generative AI like ChatGPT, raise numerous legal issues. These include the responsibilities of parties related to AI, such as ownership and property rights, personal rights over data, respect for, assurance and protection of personal data, copyright issues (potential violations of copyright protection laws), risks to economic relationships, and the spread of inaccurate information or biases.

Criminal organisations can exploit AI technology to commit new types of crimes, particularly cybercrimes and violations of cybersecurity laws, including fraud, forgery and other financial crimes.

Additionally, from an ethical perspective, AI impacts individuals, businesses, organisations, state agencies, and society as a whole. AI creates new jobs but also replaces many traditional forms of labour.

To ensure that the development and application of AI bring practical benefits to society, it is crucial to design a system of tools, including legal regulations and ethical guidelines, to ensure responsible AI development and application.

What should be considered when adjusting policies and laws related to AI?

Many countries and territories worldwide have enacted policies to address legal issues arising from AI development and application. These policies often focus on balancing the need to create incentives for innovation in AI development and application with the need to protect public interests, especially order, security, social safety, and consumer interests.

In Việt Nam, the national strategy on research, development, and application of AI until 2030, approved by Prime Minister Phạm Minh Chính, highlights the necessity of developing a system of legal documents and frameworks related to AI.

It calls for a clear legal framework to promote AI research, development, and application in life. The strategy also emphasises that AI development and application must be centred on people and businesses, avoiding technology abuse and infringement of the legitimate rights and interests of organisations and individuals.

Developing and applying AI without state regulation through legal tools and other supporting measures makes it difficult to meet requirements for national defence, security, order, social safety, national interests, community interests and other security and safety requirements.

Therefore, ensuring security, safety, reliability, and manageable risk levels must be key requirements in policies and laws regulating AI development and applications.

Policies and laws related to AI must create the most favourable conditions to promote innovation, reinforcing the core values of the country's political, economic, cultural and social order as recognised in the constitution and national laws. AI policies and laws must also ensure the essential rights of every citizen using AI systems, including rights related to personal data.

From a legal perspective, do you have any advice for organisations and individuals developing and applying AI in Việt Nam?

Currently, Việt Nam does not yet have specialised laws regulating AI development and application. However, it is essential to note that AI is merely a technology. When developed and applied to provide products and services in the market, it is subject to existing Vietnamese laws such as the Civil Code, the Law on Consumer Protection, the Cybersecurity Law, the Decree on Personal Data Protection and administrative and criminal regulations.

The general spirit of current legal regulations is to respect and encourage individuals and businesses to exercise their rights to scientific and technological development and innovation. They must ensure not to infringe on national interests, state interests, community interests and the legitimate rights and interests of individuals and organisations in society.

I believe that individuals and businesses developing and applying AI must be very attentive to responsible AI development, bringing practical benefits to users, ensuring security and safety, accuracy and reliability of information generated by AI systems and absolutely not using AI for activities that violate legal regulations. — VNS