Policy Statement on Responsible Application of Artificial Intelligence (“AI”) in the Financial Market
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Legal Development 2024年12月24日 2024年12月24日
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亚太地区
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Technology risk
In light of the wide applications of AI in the financial services industry and government’s pro-active approach in promoting smart city and digital government, the Financial Services and the Treasury Bureau (“FSTB”) issued on 28 October 2024 a policy statement on the responsible use of AI in the financial market (the “Statement”), addressing the issues brought by technology, such as cybersecurity, data privacy and protection of intellectual property rights.
Below are some key takeaways from the Statement:
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Three “Ds” in application of AI in the Financial Services Sector: The FSTB observed three attributes in the application of AI in the financial market, namely:
- Data-driven: The application of AI improves efficiency and competitiveness of data-driven financial services as it helps analyzing data.
- Double-edged: The application of AI can be double-edged, it yields power and potential, but improper use of it can bring considerable risks. In principle, AI should remain a tool complementing and enhancing human capabilities rather than replacing human judgment and analysis.
- Dynamic: AI is dynamic in nature, it helps cultivating more new and innovative businesses and enriching ecosystem of the financial services industry.
- Data-driven: The application of AI improves efficiency and competitiveness of data-driven financial services as it helps analyzing data.
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Adoption of Dual-track Approach: Considering the above attributes of AI, the FSTB will adopt a dual-track approach – on one hand, capturing opportunities brought by adopting AI in the financial services industry, on the other hand, mitigating risks brought by the technology in the areas of cybersecurity, data privacy and protection of intellectual property rights.
- Capturing Opportunities: There are various opportunities arisen from AI applications, including automation in research process, data analysis, risk assessment and repetitive tasks, hence increasing accuracy and freeing up human resources for more complex and value-added work such as supervision and quality assurances; optimization in investment strategies and offering better customer protections and experiences; prevention of fraud and financial crime activities by identifying patterns and anomalies at an early stage.
- Mitigating Risks: At the same time, financial institutions should adopt a risk-based approach along with mitigation measures facing the risks associated with the use of AI. For instance, AI users should ensure compliance of existing regulations and protection of intellectual property rights when certain personal data and copyrighted materials are used to train AI models; ensure balanced and representative training data set to avoid bias and hallucination risk, and establish contingency plans to avoid disruption of or failure with regard to AI models; keep investors and customers informed of their rights and controls over their personal information and preferences; enhance AI detection systems to identify and counteract fraudulent activities and cybercrime; and continuingly reskill and upskill employees to avoid job displacement.
- Capturing Opportunities: There are various opportunities arisen from AI applications, including automation in research process, data analysis, risk assessment and repetitive tasks, hence increasing accuracy and freeing up human resources for more complex and value-added work such as supervision and quality assurances; optimization in investment strategies and offering better customer protections and experiences; prevention of fraud and financial crime activities by identifying patterns and anomalies at an early stage.
- Overview of Regulator’s Efforts: Below is a recap of the specific measures adopted or will be adopted by different regulators in Hong Kong –
The Hong Kong Monetary Authority (“HKMA”) |
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The Securities and Futures Commission (“SFC”) |
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The Insurance Authority (“IA”) |
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The Mandatory Provident Fund Schemes Authority (“MPFA”) |
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The Accounting and Financial Reporting Council (“AFRC”) |
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The Hong Kong Police Force (“HKPF”) |
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The Investor and Financial Education Council (“IFEC”) |
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The Financial Services and the Treasury Bureau (“FSTB”) |
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Digital Policy Office (“DPO”) |
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Office of the Privacy Commissioner for Personal Data (“PCPD”) |
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Commerce and Economic Development Bureau (“CEDB”) |
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If you have any questions on any information set out in this newsletter or requires advice on compliance-related issues, please get in touch with Joyce Chan or your usual Clyde & Co contact.
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