Early prevention of risks when applying AI in law-making

Minister of Justice Nguyen Hai Ninh speaks at the meeting

On October 3, Minister of Justice Nguyen Hai Ninh had a meeting with the Prime Minister 's Policy Advisory Council on the project outline "Improving the structure of Vietnam's legal system to meet the country's development requirements in the new era".

The above project proposes a comprehensive reform of the legal system structure, not only in form but also in legislative thinking. To change the mindset of "if you can't manage, then ban", the project clearly states that the legal system must be designed to proactively guide and promote development.

Accordingly, new legal sectors and fields are built to regulate issues arising from the fourth industrial revolution; establish specific, superior, internationally competitive legal mechanisms to activate growth poles and strategic industries; build legal documents allowing the application of controlled testing mechanisms to new fields...

In particular, the two areas of public and private law are clearly defined. With public law, the rules governing the relationship between the state and individuals/organizations must be tightly designed, granting sufficient authority but at the same time effectively controlling power. Meanwhile, the rules governing the relationship between equal individuals/organizations (private law) must be built on the foundation of maximum respect for autonomy and creative freedom.

Opinions at the working session acknowledged that the above changes, if successfully implemented, will create far-reaching and positive impacts on society, such as strongly promoting innovation and economic growth; enhancing democracy, better protecting human rights and civil rights. Specifically, the clear application of public law/private law thinking will clearly define the limits of state power, preventing arbitrary intervention in people's lives and business operations. This strengthens the rule of law, protects the free space for civil society and private economy to develop...

However, delegates attending the workshop also noted that amending and simultaneously drafting a large volume of legal documents requires a huge source of legal experts, not only in the drafting agencies but also in the appraisal and verification agencies.

In addition, the proposal to "apply artificial intelligence technology, big data... in searching, drafting, and monitoring law enforcement" is considered a very modern and necessary direction, but will require not only large financial investments but also a legal, ethical and technical framework to prevent risks caused by algorithmic bias, data security, legal responsibility when AI gives wrong suggestions...

The project should propose a pilot program or project on AI application in legal work, starting with less risky steps such as systematization and document search. At the same time, it is necessary to soon research and build a legal framework and ethical standards for the development and application of AI in state activities in general and in the legal field in particular.

MR. PHUONG

Source: https://www.sggp.org.vn/phong-ngua-som-nhung-rui-ro-khi-ung-dung-ai-trong-xay-dung-phap-luat-post816203.html