While there is no general legislation governing the development and use of AI in Singapore, the Info-communications Media Development Authority (IMDA), Personal Data Protection Commission (PDPC), the Monetary Authority of Singapore (MAS), and the Intellectual Property Office of Singapore (IPOS) have issued various guidelines on the topic to promote responsible, safe and values-based AI. Although not binding, these guidelines give insight into Singapore regulators’ possible approach to regulating AI development and use, and organisations are urged to follow them where applicable.
Given the desire to foster AI innovation, and the lack of effective technical tools for effective regulatory implementation, the Singapore government is currently not pushing to develop general AI regulations. Rather, Singapore intends to rely on existing laws, such as data protection, copyright and other sectoral legislation, to regulate AI at this time. That said, the guidelines discussed below intend to complement existing laws and to lay the groundwork for the possible enactment of future general AI regulations.
First unveiled on 23 January 2019 by the IMDA and the PDPC, the Model Artificial Intelligence Governance Framework (Governance Framework) sets out best practices for organisations adopting AI at scale, based on the guiding principles that (a) the AI decision-making process should be explainable, transparent, and fair, and (b) AI solutions should protect the interests of humans.
The Governance Framework focuses on 4 main areas:
The Governance Framework is intended to apply broadly– it does not discriminate across algorithms, technologies, sectors, and scale and business models – and can be adapted to suit an organisation’s needs
(See also our article on the 6 key risks of generative AI examined in IMDA’s discussion paper Generative AI: Implications for Trust and Governance.)
On 30 May 2024, IMDA and the AI Verify Foundation issued the Model AI Governance Framework for Generative AI (Generative AI Framework). This framework seeks to look into the following areas to develop a trusted AI ecosystem:
In 2018, MAS set out the FEAT principles to guide financial institutions (FIs) using AI and data analytics (AIDA) in decision-making when providing financial products and services. Together with FIs’ own internal governance frameworks, the principles intend to address risks of systematic misuse and boost trust and confidence in AIDA use.
Briefly, the FEAT principles are as follows:
On October 2021, the Ministry of Health, Health Sciences Authority and the Integrated Health Information Systems published the Artificial Intelligence in Healthcare Guidelines (AIHGle) to complement the existing regulatory framework, including the regulations applicable to AI medical devices (AI-MD), and to provide a set of good practices for developers and implementers of AI in the healthcare setting.
Below are some of the key recommendations of AIHGle for developers and implementers of AI-MD:
On 1 March 2024, the PDPC issued the Advisory Guidelines on Use of Personal Data in AI Recommendation and Decision Systems (AI Advisory Guidelines). While not legally binding, the AI Advisory Guidelines clarify how the Personal Data Protection Act 2012 applies to the development, testing, and monitoring, deployment, and procurement AI systems.
Notably, the AI Advisory Guidelines recognise that consent may not always be required in processing personal data in relation to AI systems (see also our article on the Proposed AI Advisory Guidelines).
IPOS released an information note on how Singapore’s intellectual property (IP) regime can protect AI inventions. For example, software utilising AI tools can be subject to patent protection or be treated as trade secrets, and AI algorithms can be copyright protected. However, the information note does not discuss IP protections granted to AI-generated inventions or creations.
Organisations should develop and use AI in accordance with Singapore regulators’ guidelines because, although they are not legally binding, they reflect Singapore’s approach to possible future AI regulation and they are helpful in mitigating AI-related risks. Organisations should also regularly keep abreast of changes in Singapore AI regulations, given the rapidly changing developments – both technologically and legally – in this area.
OrionW regularly advises clients on artificial intelligence matters. For more information about responsible development and deployment of artificial intelligence, or if you have questions about this article, please contact us at info@orionw.com.
Disclaimer: This article is for general information only and does not constitute legal advice.