Chapter VIII - Use of Artificial Intelligence for Security Control and Management
Article 42 |
(Definition of Artificial Intelligence)
- Artificial intelligence (AI) system: Refers to a system that, through learning of a huge amount of data, uses machine learning or the algorithm of relevant modeling to imitate human learning, thinking and reaction modes such as feeling, expectation, decision-making, planning, reasoning and communication.
- Generative AI: A type of AI; refers to an AI system that has the ability to generate contents imitating human intelligence through learning of a huge amount of data. The form of its contents includes but not limited to articles, images, audio, video and software codes.
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Article 43 |
(Scope of application for directions on AI)
- An organization shall follow the control and management advised in these directions when using AI in its direct interactions with consumers and provision of advice on financial products, or provision of customer services that may affect client's rights and interests in financial trading or have a material impact on operation.
- For material impact on operation in this article, refer to the Directions for Operations Outsourcing by Securities Firms, the Directions for Operations Outsourcing by Futures Commission Merchants, and the Directions for Operations Outsourcing by Securities Investment Trust Enterprises and Securities Investment Consulting Enterprises for the definition of materiality.
- If a Taiwanese subsidiary or branch of a foreign business group provides the services in the first paragraph through the AI system provided by its foreign parent company or head office, it may follow the management and control measures established by its foreign parent company or head office, provided the requirements shall not be less than those under these directions. The Taiwanese subsidiary or branch of a foreign business group shall still establish an adequate internal control and risk management mechanism for its Taiwanese business to have a full control over control and management of its Taiwanese operation involving AI services.
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Article 44 |
(Compliance of law)
When using AI systems, an organization shall verify appropriateness of sources of information, and diligently comply with the financial and other legal regulations governing information and communication security, personal data protection, intellectual property rights and trade secrets. |
Article 45 |
(Governance and powers and responsibilities of an organization)
- An organization shall appoint a senior executive or commission to be in charge of supervision and management of AI and create an internal governance structure, and designate a unit or personnel to take the responsibility for promotion and management of AI and provide necessary resources.
- An organization shall implement development of talents and provide adequate training resources to improve personnel's understanding and ability of introduction, use and management of AI systems, adaptation to rapid development and changes of AI systems, and ability of proper risk-based decisions and supervision.
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Article 46 |
(Risk management and regular reviews)
- When using AI systems, an organization shall, guided by the risk-based approach, review individual circumstances of use and perform risk assessments by considering whether or not to provide customer services or if there is a material impact on operation, amount of personal data being used, level of AI's autonomy in decision-making, complexity of AI system, scope and width of impact on interested parties, and whether all remedy options are available.
- An organization shall establish adequate risk management and control measures and regular review mechanism depending on the level, characteristics or scope of risks based on the results of risk assessments.
- When conducting regular reviews, an organization shall assess whether the AI system meets the original purpose and risk level. For an AI system with a higher risk level, a third party with expertise in AI may be appointed to conduct reviews. It is advisable that these reviews cover data quality, model quality, system security, and equality, sustainable development, transparency and explainability. Relevant strategies and measures shall be adjusted and improved based on the results of reviews.
- Before using AI systems to provide financial services to consumers through direct interactions with AI, an organization shall perform evaluations on how data used in the system is governed, information and communication security, supervision mechanism, protection of consumer rights and response measures for unexpected event from the aspects of information security, compliance and risk control.
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Article 47 |
(Management of operation outsourcing)
- When contracting a third-party provider to introduce AI systems, an organization is advised to assess the third-party provider to make sure it has relevant knowledge, expertise and experience.
- An organization shall include the terms on information security, data protection, subcontracting, scope of responsibility and penalty in the contract by considering outsourced services and its scope and establish an appropriate data or system migration mechanism in case of termination of contract.
- When using the AI system developed or operated by a third-party provider to provide financial services, an organization shall perform supervision operation and ensure the third-party provider to keep written or digital operation records of performance of contracted services to facilitate subsequent follow-up, verification and management.
- For outsourcing of AI operation involving the business activities stated in the business license or client information, the Directions for Operations Outsourcing by Securities Firms, the Directions for Operations Outsourcing by Futures Commission Merchants, and the Directions for Operations Outsourcing by Securities Investment Trust Enterprises and Securities Investment Consulting Enterprises shall be complied with.
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Article 48 |
(Principle of equality)
- When using AI, an organization shall adopt the people-oriented and human controllable measures in the design of algorithm, development, data collection, selection of training data, processing, building/generation/optimization of model, and subsequent application in financial services, to be in line with the principle of treating all clients equally respected by the financial service providers.
- For collection and processing of data and information, an organization is advised to use diverse data covering different backgrounds and characteristics, not relying solely on data of a single category or group, to reduce bias and discrimination against certain groups.
- If the following data parameters are included in algorithmic determination, such as name, residence, group, religion, nationality, ages not subject to limit or prohibition under the law, all physical characteristics (including but not limited to height, weight, sex, color, hair volume, and physical disability), or all diseases not involving incapacity causing inability to understand or make decisions on the financial product, evaluations of necessity from the aspects of information security, compliance and risk control shall be performed.
- For use of AI systems to provide financial services, it is advisable to evaluate the availability of remedy options, which may include complaint or remediation method, dispute resolution mechanism, etc. If the AI systems in use are related to anti-money laundering or fraud detection, for which availability of remedy option is advised against, no such options may be available.
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Article 49 |
(Protection of data privacy)
- When using AI, an organization shall pay attention to protection of data privacy of individuals and the organization in its processing, storage, transmission and use of data, and shall have adequate protection measures in place to ensure security of its system and data and prevent unauthorized access, modification or disclosure of data.
- An organization shall on a minimum basis collect and process only necessary client information and avoid collecting excessive or unnecessary sensitive information.
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Article 50 |
(Principles of security and stability)
- When AI is used during model building and validation stages (including pre-trainings and optimization trainings), an organization shall pay attention to the security and take effective measures, including but not limited to data quality processing, model validation and monitoring, in selection of models or algorithms and other relevant tools, to enhance training quality and prevent generation of improper information with the purpose of increasing accuracy and reliability of contents exported or generated by AI systems.
- An organization shall comply with information security regulations and create appropriate information security protection or management and control measures to prevent security threats and attacks, such as hacker attack and malware, and continue to monitor operation results to ensure the security of AI systems.
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Article 51 |
(Principles of transparency and explainability)
- When using AI systems in its direct interactions with consumers, an organization shall inform consumers of the fact that the interactions or services are automatically completed by AI systems, or disclose the target groups of people, circumstances and purpose of the interactions or automatic financial services. It is advisable consumers are given options to decide whether or not to use the services and consumers shall be informed if there are alternatives to these services, unless otherwise provided by law.
- When using AI systems and technologies, if the use involves financial trading, an organization shall understand how decisions are made and increase the level of explainability to ensure an effective management of operation of AI systems.
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Article 52 |
(Record retention)
When developing and optimizing AI systems or have AI systems developed and optimized, an organization shall retain necessary technical documents and relevant records for the life cycle of the AI systems, including records of important data, models or algorithms that could influence decision making in the developer's design, development and practice, to ensure these records can be available for examination when necessary. |
Article 53 |
(Generative AI)
- An organization shall not totally trust the information generated by generative AI and shall instead perform objective assessments and management and control of the risks in the information, and shall not directly use the generated contents that have not been validated as the sole basis of decision making.
- Without a proper management and control system in place at the organization, no staff may provide information that should be kept in confidentiality, or disclosure of which is not consented by an individual or the organization to generative AI, nor shall they ask questions that may involve confidential business or personal data to generative AI. Notwithstanding, in the case of closed generative AI deployed on site, after security of the system environment is verified, certain confidential information, where appropriate, can be provided.
- When using the generative AI system developed by third-party provider, if an organization cannot have control over the training process or ensure the results from its data or computation meet the principle of equality, the organization shall have its staff to perform objective and professional management and control for risks in the information generated by the system.
- When introducing a generative AI system, an organization shall have an emphasis on whether equality and people-oriented value assessment would create bias or discrimination against certain groups of people, and reduce the possibility of inequality.
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Article 54 |
(Principle of sustainable development)
- Respect and protect general employees' right to work, including providing adequate education and trainings to help them adapt to a new working environment during the digital transformation.
- The organization's strategies and implementation direction in its use of AI systems shall incorporate, as appropriate, comprehensive sustainable development indexes based on the international sustainable development objectives and the organization's own sustainable development principle.
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