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Hong Kong: New personal data privacy framework for the adoption of artificial intelligence (AI) published

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A model framework that focuses on the protection of personal data in the context of AI

In brief

On 11 June 2024, the Office of Privacy Commissioner for Personal Data (PCPD) published the “Artificial Intelligence: Model Personal Data Protection Framework” (“AI Framework“). The AI Framework aims to provide practical recommendations for organisations in their adoption of third-party AI systems to comply with the Personal Data (Privacy) Ordinance (PDPO). It builds upon the PCPD’s 2021 Guidance on the Ethical Development and Use of Artificial Intelligence, shifting focus from organisations that develop in-house AI models to organisations procuring and implementing AI solutions from third parties. 

The AI Framework is said to be the first comprehensive framework in the Asia Pacific region on general AI procurement and implementation from a personal data privacy perspective1, and represents a significant milestone in Hong Kong’s approach to regulating AI. At the same time, the PCPD believes that the AI Framework will facilitate Hong Kong’s development into an innovation and technology hub and propel the expansion of the digital economy in the Greater Bay Area.

In this article, we consider the content of the AI Framework in more detail and lay out some key takeaways for organisations seeking to ensure that their procurement and implementation of AI is compliant with the PDPO.

Click here to read the full alert.

1  Other regulators in the region have released guidelines on data privacy aspects of specific types of AI (rather than AI generally), such as the Personal Data Protection Authority, Singapore – Advisory Guidelines on use of Personal Data in AI Recommendation and Decision Systems (2024).

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Author

Dr. Isabella Liu is the head of the Firm's Asia Pacific Intellectual Property and Technology Group. She advises clients on matters relating to the creation, exploitation and protection of IP rights. She is also responsible for the local IP Group's China and Hong Kong patent prosecution matters. Previously, Dr. Isabella Liu was the head of the Firm's Asia Pacific Healthcare and Life Sciences Industry Group for three years, leading a team of legal experts in this field cross multiple practices in the region. Dr. Liu is ranked as a leading lawyer in her field by top legal directories such as Chambers Asia Pacific for the Life Sciences category and IAM Patent. She has been complimented by clients that she possesses "a superb ability to understand the most complex technologies" and was noted for "advis[ing] in a way that is very commercial and strategic." Dr. Liu is also engaged as a regular guest lecturer by the University of Hong Kong's Department of Pharmacology and Pharmacy to share her expertise on intellectual property in the pharmaceutical industry with HKU students.

Author

Dominic Edmondson is a special counsel in Baker McKenzie's Hong Kong office and a member of the Firm's Intellectual Property Practice Group. His practice focuses on information technology advisory work, IT sourcing & transactions, cybersecurity, e-commerce, telecommunications, global data privacy and data protection, digital media as well as contentious and non-contentious intellectual property matters. Dominic has a keen interest in AI, big data and distributed ledger technology and their impact on business in the Greater China region. He studied Mandarin and put it to good use advising clients on intellectual property strategy and enforcement in Mainland China, where he worked for four years (in Beijing) before moving to Hong Kong.

Author

Jacqueline Wong is a Knowledge Lawyer in Baker McKenzie Hong Kong office.

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