2022年人工智能指南报告

Definitiveglobal lawguides offeringcomparative analysis from top-ranked lawyers ArtificialIntelligence 2022 China:Law&Practice and Trends&DevelopmentsSusan Ning and Han WuKing&WoodMallesons Law and Practice Contributed by:King & Wood Mallesons see p.15 CONTENTS 1. General Legal Frameworkp.31.1Ganeral Legal Background Frameworkp.32. Industry Use of Al and Machine Learning p.32.1Al Technokogy and Applicationsp.33.ExecutiveDevelopmentsp.43.1PRoliciesp.43.2National Securityp.44. Legislative Developmentsp.5Enactod Legislation4.1p.54.2Proposed Legislationp.65. Al Regulatory Regimesp.65.1Key Regulkatory Agendiesp.65.2Al DefnitionsP.65.3Ragulatory Cbjoctivesp.76. Proposed EU Artificial Intelligence Lawp.76.1Jurisdictian Commcnalitiesp.76.2Jurisdiction Confictsp.77. Standard-Setting Bodiesp.77.1Standardsp.78. General Technology-Driven Al LegalIssuesp.88.1Algorithmic Biasp.88.2Facial Recognition and Biometricsp.98.3Transparencyp.98.4ALromated Decision-Makingp.108.5Theories of Liabiltyp.10 9. Al in Industry Sectorsp.119.1Heeihcarep.119.2Finencial Servicasp.119.3Autonomous Vehiclesp.1110. Al and Employmentp.1210.1 Al n Corporate Employment and HirngPracticesp.1211. Intellectual Propertyp.1211.1 Applicablity af Copyright and Patent Lawp.1212. E-discovery and Litigationp.1312.1 E-discowary and Litigation Support Servicasp.1313. Advising Directorsp.1313.1 Acvising Corporate Baards af Drectcrsp.1314. Otherp.1414.1 Hat Topics and Trends on the Horizonp.14 CHINA LAW ANDPRACTICE Contributed by: Susan Ning and Han Wu. King & Wood Mallesons .GENERALLEGALFRAMEWORK Apart from general cybersecurity and data pro-tectionlaws,laws and regulations of otherlegalsectors also apply to Al if the application of Altouches specific issues regulated in these otherlegal sectors, including consumer protectionlaw, anti-monopoly law and industrial-specificlaws. 1.1 General Legal BackgroundFramework China has developed a large number of laws andregulations that systematically address Al-relat-ed issues, as well as rules regulating particularAl-related subject matters. 2.INDUSTRYUSEOFAIANDDMACHINELEARNING At the level of national laws, Al - as a technol-ogy that highly relies on the use of internet anddata - will be subject to the three basic laws inthe information technology field, namely: 2.1 Al Technology and Applications Al and machine learning have become the keyforce in promoting the development of the finan-cial industry, according to a report issued by theChina Academy of Information and Communi-cations Technology (CAICT). In the bankingindustry, Al technology is widely used in biometric identification, credit risk prevention andintelligent customer services (such as chatbots).According to the CAICT, as of September2021,one of China's state-owned banks had collectedandused 40 PB of data assets and implementedmore than 1,000 Al applications. • the Cybersecurity Law of the People's Repub-lic of China (CSL);• the Data Security Law of the People's Repub.lic of China (DSL); and+ the Personal Information Protection Law ofthe People's Republic of China (PIPL). They are enacted to guarantee cybersecurityand regulate data (including personal informa-tion) processing activities. Under these basic laws, the State Council, theCyberspace Administration of China (CAC) andother authorities responsible for cybersecurityand data protection within the scope of theirrespectivedutiesare taskedto developandenforce specific regulations. For example, theCAC has issued a number of rules/draft rulesconcerning internet information services, espe-cially including the use of Al technologies in suchfields. Another noteworthy application of Al technol-ogy is automated driving. The investment andfinancing of the automated driving industry areincreasingly active in China. Robotaxis are thetop priority.For example, in 2021, Baidu andPony.ai became the first two domestic enter-prises to be allowed to carry out commercialrobotaxi services in Beijing. The commercial useof low-speed automatic vehicles is also acceler-ating. In May 2021, approximately 100 automaticdelivery vehicles from JD.com, Meituan, andNeolix were issued with official vehicle codesin Beijing; in September 2021, the automaticexpress car developed by JD.com was put intotrial operation on the roads in Qionghai City toprovide delivery services to communities within3 km. At regional levels,localgovernments haveenacted relevant cybersecurity and data regula-tions in conjunction with the actual developmentof their respective regions, with 12 representa-tive provinces and cities such as Shanghai andShenzhen since 2021. Contributed by: Susan Ming and Han Wu, King & Wood Mallesons ard system for Al technology. In August 2020,the State Standardisation Administration, theCAC, and other state ministries jointly releasedthe Guidance on Establishing the New Genera-tion of National Al Standardisation System (the"Al Standards Guidance"), aiming at setting upa preliminary national Al standardisation s