September 2023
Aaron Chen and Astrid Chou
The Administrative Yuan adopted the Reference Guidelines for the Use of Generative AI by the Administrative Yuan and Affiliated Agencies (hereinafter, the “Guidelines”) on August 31, 2023 for the compliance of the Administrative Yuan and its affiliated agencies (hereinafter, the “Agencies”).
I. The highlights of the Guidelines include:
1. The Guidelines recognize that the use of generative AI contributes to improved administrative efficiency.
2. The Guidelines reveal that when administrative agencies’ personnel use generative AI, they should maintain a responsible and trustworthy attitude and retain autonomy and mastery. Therefore, people handling business must make the final judgment and autonomous thinking cannot be replaced. The Agencies should not fully trust the information generated by generative AI.
3. Because of security, privacy, data governance, etc., agencies’ personnel are prohibited from using generative AI when creating confidential documents. Furthermore, business handlers must not provide confidential or personal information or information not authorized for public release to generative AI, nor should they inquire of generative AI about matters that may involve confidential business or personal data.
4. Agencies are required to make proper disclosures when using generative AI as a tool for conducting business or providing support services.
5. The Agencies may formulate regulations or internal control measures for the use of generative AI.
6. For procurement matters, the agencies shall require bid-winning legal entities, organizations, or individuals to take note of these Guidelines and comply with regulations or internal control measures set by the agencies.
7. Government-owned enterprises, public schools, non-departmental public bodies, foundations with government donations, and other administrative agencies may apply or consider the Guidelines for reference.
II. Although the Guidelines are prescribed for the Agencies under the Executive Yuan, they still reflect the government’s direction regarding AI governance as follows:
1. Independent judgment, autonomy, and mastery.
2. AI-generated results cannot be fully trusted.
3. Principle of transparency and appropriate disclosure.
4. The importance of protecting confidential information, information and cyber security, personal data protection, intellectual property rights, and personal rights.
III. Observing simultaneously the draft of Core Principles and Related Policy Initiatives for the Use of Artificial Intelligence (AI) in Financial Industry released by the Financial Supervisory Commission (released on August 15, 2023), it is indicated that the current policies encourage the use of AI as a technological infrastructure for industry development. However, it is emphasized at the same time that responsible and trustworthy AI should be developed, that the principles of autonomy and control should be maintained, and that security and privacy should be upheld, along with the establishment of mechanisms such as data governance and accountability.
IV. Nevertheless, most of the principles outlined in the Guidelines look to rely on the voluntary compliance of business handlers and lack external supervision, or punitive mechanisms. While the Guidelines recognize that generative AI enhances efficiency, it is worth further consideration whether they are sufficient to regulate the use of generative AI.
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