What to Know as An Artificial Intelligence (‘AI’) User: Examining the National Guidelines on AIGE

Written by Loh Zheng Feng

Introduction

In tandem with the Asean Guide on AI Governance and Ethics, Malaysia unveiled its National Guidelines on Artificial Intelligence Governance & Ethics (‘AIGE’) on 20 September 2024. This comprehensive framework serves as an authoritative blueprint for various stakeholders in the AI ecosystems, ranging from end users, policymakers, to developers, with the goal of ensuring deployment of AI adheres to rigorous ethical benchmarks.

The landscape of AI mainly comprises three stakeholders, each playing a crucial role in the ecosystem. To define, end users are individuals or organisations that utilise AI products and services, such as AI-powered virtual assistants or intelligent applications on smartphones. Policymakers, on the other hand, are the regulatory architects responsible for crafting and enforcing laws and regulations concerning the use of AI. Lastly, developers are the experts hailing from fields such as data science, computer engineering, and AI research who are responsible for the intricate process of designing AI technologies.

National Guidelines for End Users of AI

This article spotlights end users as they are the most significant contingent in the AI system. The National Guidelines on AIGE are pivotal in safeguarding their rights while promoting ethical AI use that preserves societal values.

AI Ethics

AI ethics delves into the moral and ethical conundrums associated with AI development and usage. It seeks to prevent harmful or unethical practices like unethical design, misuse, and harmful applications, ultimately advocating for a just digital environment where AI is harnessed responsibly under human supervision.

The 7 AI Principles

Malaysia’s AI ethical development is bolstered by government initiatives like MOSTI’s National AI Roadmap (2021-2025) which outlines seven cardinal principles:

1. Fairness – AI systems must be constructed with an acute awareness of potential biases embedded in the data, thus pre-empting discrimination on grounds such as race, gender, or religion. Algorithm developers need to ensure equitable distribution of AI’s benefits and no demographic is marginalised.
2. Reliability, Safety and Control – The reliability of AI systems is paramount particularly in critical sectors like healthcare, autonomous vehicles, and financial services. Developers must implement robust safeguards and maintain strict human oversight to prevent malfunctions or misuse.
3. Privacy and Security – As AI systems frequently engage with sensitive personal data like financial and health information, there must be security measures to ensure informed consent, data security, and protection from cyberattacks since the safeguarding of personal data is sacrosanct.
4. Inclusiveness – AI technologies should take into consideration diverse stakeholders and must be designed to benefit all societal sectors including underrepresented groups. For instance, rural farmers in Kedah may leverage AI for optimising crop yield by determining the best seeds suited to their climate.
5. Transparency – The AI companies must openly show how it operates by providing clear information regarding the personal data usage and the underlying mechanics of their AI systems as the end users must be privy to how their data is being utilised.
6. Accountability – Clear delineation of accountability is vital in the development and deployment of AI systems. Should any issues arise, there must be well-defined channels to assign responsibility and ensure timely redress and resolution.
7. Pursuit of Human Benefits and Happiness – Rather than maximising shareholder profits, AI practitioners, as exemplified by organisations like OpenAI, must prioritise human welfare by placing moral responsibility at the forefront of their operations.

Consumer Protection Principles in AI

In light of AI’s rapid advancements, strengthening consumer protection through Consumer Rights Principles has become imperative. The National Guidelines on AIGE, in line with principles established by FOMCA, underscore the importance of ensuring AI technology is safe, reliable, and fair so that the consumers must not be treated as mere test subjects in AI’s grand experiment.

• Consumers should always have the right to information where they should be made fully aware when AI algorithms are leveraging their personal data to make decisions or share the personal information with third parties.
• In scenarios where AI-generated decisions are inaccurate or problematic, consumers should retain the right to interact with a human representative.
• Consumers must have access to legal channels for redress and compensation for any damages if they suffer harm due to AI malfunctions.

While AI governance is still in its nascent stages, the National Guidelines on AIGE offer several critical recommendations for regulatory enhancement:

1. Define Generative AI and its Scope – There must be a precise legal definition for generative AI and its various applications which encompass AI systems capable of creating new content like text, images, or videos based on patterns and data inputs to avoid regulatory ambiguity.
2. Mandatory Disclosure – Companies utilising generative AI should be required to disclose when AI-generated content or recommendations are presented. This will enable users to make more informed decisions and know the origin of the information they encounter.
3. Liability for Harmful Content – There must be legal provisions that define the liability of companies whose AI systems generate harmful or misleading content. This is particularly relevant in cases of defamation, intellectual property infringement, or the dissemination of false information.
4. Data Protection and Privacy – Data privacy must be fortified through stringent legal frameworks. Companies should secure explicit user consent before using their data for AI model training and ensure compliance with privacy standards throughout the process.

What You Can and Cannot Do as End Users

For end users to fully harness the transformative potential of AI, it is essential to understand both the potential benefits and also any of the challenges or risks involved.

• Do’s:
  • Identify the problems and explore how the AI technology can help address those needs.
  • Take proactive measures to ensure AI systems handling your personal data operate ethically and securely.
  • Regularly update your AI knowledge and skills to remain abreast of AI developments and best practices.
  • Recognise AI as outstanding and conduct thorough assessments of AI’s potential benefits and long-term implications, particularly in investment decisions.
• Don’t s:
  • Underestimate AI’s complexity and overlook the human element in its implementation as AI involves profound shifts in lifestyle and cultural shift.
  • Neglect data privacy but should remain vigilant and ensure compliance with data protection laws to safeguard sensitive information.
  • Adopting AI merely because it is fashionable and overdependent on it without understanding your actual needs.
  • Overlook relevant regulations, which can lead to legal complications, and trust unreliable data and sources.

Aligning End Users Contributions with Responsible AI and Sustainability

AI is reshaping Malaysia’s landscape by promoting responsible use and fostering sustainability across economic, social, and environmental spheres. Its advancements can enhance climate change understanding, facilitate the shift to sustainable transportation systems, and accelerate agricultural technology, empowering farmers to combat food insecurity and malnutrition.

Economic sustainability

AI technologies are turbocharging economic growth and sustainability by enhancing productivity, driving innovation, and improving efficiency. AI-powered systems streamline operations, significantly reducing costs and creating new job opportunities.

Social Sustainability

In healthcare, AI is democratising access particularly in remote areas where medical professionals are scarce. AI-driven solutions offer equitable healthcare services to all Malaysians and help in bridging the critical gaps.

Environment Sustainability

AI plays a crucial role in optimising resource allocation, reducing waste, and promoting environmental sustainability. It helps monitor environmental conditions and manage natural resources like water and energy, thereby reducing reliance on non-renewable resources like fossil fuels and promoting a greener economy.

Conclusion

The National Guidelines on AIGE represent a critical step toward ensuring the ethical, transparent, and responsible development of AI in Malaysia. These guidelines are essential for building public trust in AI systems and ensuring that Malaysia continues to harness AI’s transformative potential while fostering an inclusive and sustainable digital future.

Published on 2 October 2024