AI Law in Bangladesh: Why?

In an era marked by rapid technological advancement, the rise of Artificial Intelligence (AI) presents both unprecedented opportunities and complex challenges for nations worldwide. The European Union (EU) has already taken the lead by passing the world’s first AI Act on March 13, 2024. Similarly, other countries are following suit with their own regulations to govern the multifaceted realm of AI. Bangladesh, amidst its own technological evolution, stands at a critical juncture. As the nation aspires to harness AI for societal advancement and economic growth, the need for a robust legal framework to manage AI-related issues becomes increasingly paramount. Let’s have a look into the AI Law in Bangladesh with its prospects and aspects.

The Potential of AI

Transformative Capabilities

AI’s potential is vast and varied, touching virtually every aspect of human life. Here are some key areas where AI can make a significant impact:

• Healthcare: Assisting in diagnosing diseases, analyzing medical images, and personalizing treatment plans for more accurate and efficient healthcare delivery.
• Education: Revolutionizing learning through personalized experiences, adaptive tutoring systems, and virtual classroom assistants.
• Transportation: Enhancing road safety, reducing traffic congestion, and improving transportation efficiency with AI-powered autonomous vehicles.
• Financial Sector: Employing AI algorithms for fraud detection, risk assessment, portfolio management, and customer service.
• Environmental Conservation: Analyzing large datasets to monitor and predict environmental changes, optimize resource management, and develop sustainable solutions.
• Entertainment: AI-generated content, including music, art, and literature, can inspire creativity and offer new forms of entertainment.

Global Regulatory Landscape

Several countries are already establishing regulations to manage AI:

• EU: Passed the AI Act and drafted a Cybersecurity Act to enhance cybersecurity and ICT product certifications.
• India: Passed the Digital India Act, 2023, addressing cybersecurity, data privacy, and ethical AI use.
• Vietnam: Approved a national digital transformation plan and a national strategy for AI research, development, and application by 2030.

Why Bangladesh Needs an AI Law?

Balancing Innovation and Safety

A balanced regulatory framework is crucial not only for fostering innovation and attracting investment but also for safeguarding against potential risks associated with AI.

Potential Risks

• Privacy Concerns: AI systems may improperly collect, store, or use personal data without consent, leading to identity theft, unauthorized surveillance, and exploitation of personal information.
• Bias and Discrimination: AI systems can perpetuate bias or discrimination if not properly designed and vetted, impacting individuals unfairly in areas such as hiring, lending, or legal judgments.
• Deepfakes: AI-generated deepfake videos can damage reputations and spread misinformation, particularly in a society susceptible to rumors.

Enhancing Competitiveness and Global Standing

Enacting an AI law is instrumental for Bangladesh to:

• Enhance Competitiveness: Aligning with international best practices and standards can attract foreign investment and foster international collaboration.
• Showcase Ethical Governance: Demonstrating a commitment to ethical AI governance and responsible innovation can strengthen Bangladesh’s position in the global AI landscape.

Crafting the AI Law: Key Considerations

Comprehensive Education and Training

To harness AI’s transformative potential, a skilled workforce is essential:

• Integrating AI into Education: Incorporating AI into school curricula and establishing vocational training programs.
• Offering Scholarships: Providing scholarships for AI-related fields to ensure the current workforce is not left behind.

Investment in AI Research and Development (R&D)

Substantial investments in AI R&D are crucial for positioning Bangladesh as a leader in AI innovation:

• Funding Interdisciplinary Research: Promoting collaborations between universities, research institutions, and private industries.
• Establishing AI Research Centers: Creating innovation hubs across the country to nurture startups and entrepreneurs.

Building Digital Infrastructure

High-speed internet connectivity, cloud computing services, and data centers are vital for AI applications:

• Encouraging Collaboration: Promoting partnerships between the government, private sector, and academia.
• International Cooperation: Establishing partnerships with other countries and international organizations to develop shared principles and standards for trustworthy AI.

Ensuring Data Security

With great data comes great responsibility:

• Mandating Encryption Technologies: Using cutting-edge encryption technologies to protect sensitive information from cyber threats.
• Continuous Monitoring and Security Audits: Implementing robust data security measures to build trust in AI systems.

Ethical AI Deployment

Clear guidelines for ethical AI deployment are essential to ensure transparency, accountability, and fairness:

• Preventing Misinformation: Addressing the risks of deepfakes and misinformation.
• Eliminating Biases: Ensuring AI systems do not perpetuate or amplify biases.

Public Awareness and Engagement

Public engagement is crucial for successful AI policy implementation:

• Awareness Campaigns: Educating citizens on AI’s benefits and risks.
• Inclusive Policymaking: Involving diverse stakeholders—civil society, academia, and industry—in the policymaking process.

Key Aspects of the EU Artificial Intelligence (AI) Act

On March 13, 2024, Parliament approved the Artificial Intelligence Act, a groundbreaking regulation aimed at ensuring the safety and ethical use of AI while boosting innovation. The act, endorsed by MEPs with 523 votes in favor, sets forth stringent guidelines to protect fundamental rights, democracy, and environmental sustainability from high-risk AI.

Key Provisions

1. Safeguards on General Purpose AI: General-purpose AI systems must meet transparency requirements, comply with EU copyright laws, and publish detailed summaries of training content. Powerful models posing systemic risks must perform evaluations, mitigate risks, and report incidents. Manipulated content like deepfakes must be clearly labeled.
2. Limits on Biometric Identification: The use of biometric identification systems by law enforcement is largely prohibited, except in specific, narrowly defined situations. Real-time identification is allowed only under strict safeguards, limited in time and geographic scope, and requiring prior judicial or administrative authorization.
3. Bans on Certain AI Applications: The act bans AI applications that infringe on citizens’ rights, including biometric categorization based on sensitive characteristics, untargeted scraping of facial images, emotion recognition in workplaces and schools, social scoring, predictive policing based solely on profiling, and AI that manipulates or exploits vulnerabilities.
4. Consumer Rights: Consumers have the right to launch complaints and receive meaningful explanations about AI systems affecting their rights. This ensures accountability and transparency in AI decision-making.
5. Obligations for High-Risk AI Systems: High-risk AI systems used in critical infrastructure, healthcare, law enforcement, and more must assess and reduce risks, maintain transparency, and ensure human oversight. These systems are subject to rigorous standards to protect health, safety, fundamental rights, and the rule of law.

Supporting Innovation

The act supports innovation through regulatory sandboxes and real-world testing environments, particularly benefiting SMEs and startups. These frameworks will help develop and train innovative AI before market placement.

The EU Artificial Intelligence Act represents a significant step in regulating AI, balancing innovation with ethical considerations, and safeguarding fundamental rights. By implementing these robust guidelines, the EU aims to lead in responsible AI development while fostering a safe and transparent AI ecosystem.

Importance for Bangladesh

Bangladesh, aspiring to be a leader in digital innovation, can draw valuable lessons from the EU’s approach. Implementing a similar AI law would help safeguard fundamental rights, foster innovation, and enhance the country’s global competitiveness. By aligning with international standards, Bangladesh can attract foreign investment and ensure responsible AI development.

The AI Act supports innovation through regulatory sandboxes and real-world testing environments, particularly benefiting SMEs and startups. Establishing such frameworks in Bangladesh would nurture local AI talent and promote technological advancements. Specially the SME sector which is very promising in Bangladesh may benefit greatly. You may find the Key Areas of National Artificial Intelligence Policy 2024.

Conclusion

Crafting an AI Act for Bangladesh is not just about technicalities; it centers on people and public engagement. By balancing innovation with regulation, addressing local needs, and adhering to global standards, Bangladesh can harness AI’s transformative power for an inclusive, ethical, and sustainable digital future. The timely development of an AI legal framework will not only enhance the country’s competitiveness and credibility but also showcase its commitment to responsible AI governance on the global stage.