On January 15, 2024, the Office of the Privacy Commissioner for Personal Data (PCPD) announced that it co-organized an international conference with the Faculty of Law of the University of Hong Kong titled 'Enhancing Personal Data Protection in the Age of Artificial Intelligence (AI)' on January 10 and 11, 2024. 

What are some risks posed by AI?

Furthermore, the PCPD highlighted some privacy risks posed by artificial intelligence (AI), including but not limited to:

• excessive data collection - AI applications tend to collect and retain as much data as possible, which includes personal data;
• use of data - AI models can be so advanced that people find it hard to understand how their personal data would be used;
• identity reidentification - some AI models may be able to re-identity individuals' identities by collecting and matching data from different sources; and
• data accuracy - training AI models requires lots of data, and data quality and accuracy is an issue.

What regulations and guidance for data protection in AI are available?

The PCPD disclosed that there is no overarching AI regulatory regime in Hong Kong. However, there are some existing laws on areas relevant to AI, such as the Personal Data (Privacy) Ordinance as amended in 2021 (PDPO), the anti-discrimination law, and the intellectual property law. Nonetheless, the PCPD has published guidance to help facilitate the ethical use and development of AI, such as their Guidance on Ethical Development and Use of AI, and the 10 Tips for Users of AI Chatbots, which includes the following tips:

• being aware of fake apps and phishing websites posing as known AI chatbots;
• adjusting the settings to opt out of sharing chat history (if available);
• refraining from sharing your own personal data and others' personal data;
• submitting a correction or removal request, if necessary;
• guarding against cybersecurity threats;
• deleting outdated conversations from chat history;
• being cautious about using the information provided by AI chatbots; and
• refraining from sharing confidential information and files. 

You can read the press release here, the Commissioner's welcome speech here, and the presentation here.