PDPC Issues Advisory Guidelines on Use of Personal Data in AI Recommendation and Decision Systems

On 1 March 2024, the Singapore Personal Data Protection Commission (“PDPC“) published the Advisory Guidelines on the Use of Personal Data in AI Recommendation and Decision Systems (“Guidelines“). The Guidelines provide:

(a)   Clarity on the use of personal data to train or develop artificial intelligence (“AI“);

(b)   Guidance on information to be provided to consumers when seeking consent; 

(c)   Guidance to third-party developers of bespoke systems that embed machine learning models (“AI Systems“) who may occupy the role of data intermediaries on their obligations under the Personal Data Protection Act (“PDPA“); and

(d)   Guidance on best practices to support businesses in their compliance with the PDPA.

The Guidelines were initially released for public consultation from 18 July 2023 to 31 August 2023. Along with the publication of the finalised Guidelines, PDPA has also issued a response to feedback received at the public consultation, available here.

The Guidelines are organised according to the stages of AI System implementation as follows:

Stage of AI System Implementation

Topics

Development, testing and monitoring: Using personal data for training and testing the AI System, as well as monitoring the performance of AI Systems post deployment.

  • Consent ObligationBusiness Improvement and Research Exceptions
  • Implementing data protection measures
  • Anonymisation

Deployment: Collecting and using personal data in deployed AI Systems (business to consumer or B2C).

  • Notification and Consent Obligations
  • Accountability Obligation

Procurement: AI System or solution provider providing support to organisations implementing the AI System (business to business or B2B).

  • Notification and Consent Obligations
  • Accountability Obligation

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