AI Legislative Guide |
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Hong Kong |
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(Asia Pacific)
Firm
Deacons
Contributors
Ian Liu |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | No. In Hong Kong, there is no specific law addressing the use of AI. Existing laws and regulations apply to AI providers, users, and content. For example:
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| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | Not applicable. |
| Which agency regulates the use of AI in your jurisdiction? | There is no specific agency regulating the use of AI in Hong Kong. Organisations are required to adhere to existing laws and are recommended to follow regulatory guidelines from their respective sectors, supervised by various government entities and regulatory bodies, including but not limited to:
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AI Legislative Guide
No. In Hong Kong, there is no specific law addressing the use of AI. Existing laws and regulations apply to AI providers, users, and content. For example:
- Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) governs personal data collection and processing, the tort of defamation, which attaches liability to the intentional spreading of false and defamatory contents about a person, and the intellectual property laws which protect, amongst others, trademarks, copyrights, patents, registered designs, and goodwill.
- Copyright Ordinance (Cap. 528) ("CO") provides copyright protection over AI-generated works. According to the outcomes of the Legislative Council's Public Consultation on Copyright and Artificial Intelligence ("Consultation"), existing provisions under the CO can provide sufficient protection for AI-generated works and are capable of addressing copyright infringement cases involving AI-generated works. Notably, the Consultation proposed the “text and data mining” (TDM) exception, which allows the reasonable use of copyright works for computational data analysis and processing, subject to restrictive conditions complying with international standards, including an opt-out option for copyright owners.
Not applicable.
There is no specific agency regulating the use of AI in Hong Kong. Organisations are required to adhere to existing laws and are recommended to follow regulatory guidelines from their respective sectors, supervised by various government entities and regulatory bodies, including but not limited to:
- The Privacy Commissioner for Personal Data
- The Intellectual Property Department
- Digital Policy Office
- The Financial Services and the Treasury Bureau
- The Securities and Futures Commission