Thailand: Published Draft Royal Decree on Business Operations that Use Artificial Intelligence Systems

On 18 October 2022, the Draft Royal Decree on Business Operations that Use Artificial Intelligence (AI) Systems was published by the Office of the National Digital Economy and Society Commission (ONDE). The decree would aim to ensure transparency, safety, and fairness in the use of AI systems while also enhancing public trust and preventing potential harm. Furthermore, the decree outlines specific definitions for AI-related terms, such as AI services, providers, users, importers, and distributors. In addition, it categorises prohibited AI activities and high-risk AI services and establishes a regulatory framework for licensing, compliance, and supervision. Activities including AI systems that use subliminal techniques to influence behaviour, social scoring systems, and real-time remote biometric identification in public spaces are prohibited. High-risk AI services are defined as those affecting public safety, human rights, or access to essential services, such as systems used in critical infrastructure, education, employment, and criminal justice. The decree requires service providers to register their high-risk AI systems, ensure compliance with risk management and data governance measures, and disclose relevant information to the public. Furthermore, it establishes obligations for AI service providers, importers, and distributors, including prompt notification of incidents and cooperation with regulatory bodies. Finally, the decree mandates periodic review of AI regulations and empowers the authorities to enforce compliance, suspend or revoke licenses, and impose penalties for violations.