A group of Camarines Sur (CamSur) lawmakers is pushing a regulatory framework for artificial intelligence (AI) in support of the National AI Strategy for the Philippines (NAIS Ph) recently approved by President Marcos on the “safe, responsible and ethical” integration of this disruptive innovation into public services across the pillars of Government, technology, data and infrastructure.
These legislators led by Migz Villafuerte, who chairs the House committee on information and communications technology (ICT), said the Bill of Rights on AI, as proposed by House Bill (HB) No. 2827, aims to prop up the NAIS Ph by providing the guiding principles to ensure that this fast-evolving technology is always “accessible, ethical and responsive” in serving the material needs of society.
Aside from Villafuerte, the other authors of HB 2827 are House deputy majority leader Luigi Villafuerte, Rep. Tsuyoshi Anthony Horibata and Bicol Saro Rep. Terry Ridon.
The proposed framework under HB 2827, or the “Artificial Intelligence (AI) Development and Regulation Act,” is contingent on establishing four (4) institutions to implement and oversee policies meant for the government to best adapt to the fast-paced evolution of AI and AI systems.
“The 20th Congress needs to craft a set of rules and regulations on AI control as this disruptive technology has been linked to the proliferation of deepfakes or AI fakery.”
These bill-proposed Offices are the:
● Philippine Council on Artificial Intelligence (PCAI), which will serve as a policy-making and advisory body of experts under the Department of Information and Communications Technology (DICT);
● Artificial Intelligence Board (AIB), composed of the DICT Secretary as chairperson and the Secretary of the Department of Science and Technology (DOST) as co-chairperson, to exercise regulatory and supervisory authority over the development of Al systems;
The AIB shall be empowered to investigate motu proprio or upon report of any person, impose and collect fines and penalties, initiate and resolve the necessary administrative action, or initiate the necessary criminal case against violators of this Act;
● National Center for Artificial Intelligence Research (NCAIR), which will be a DOST-attached agency primarily responsible for policy and program coordination.
The NCAIR shall always strive to improve the skills, education and knowledge of employees in sectors that are prone to Al replacement to protect them from any prolonged displacement; and
● Artificial Intelligence subgroup under the National Innovation Council (NIC) to promote synergy among the government and private sector and the academe on the development of AI.
HB 2827 draws up the guiding principles and Bill of Rights on developing, applying, and using AI systems, with special focus on research and development (R&D), digitization and infrastructure, workforce development, governance policies, and job displacement.
“AI holds great promise for significant advancements in various aspects of human life, but it at the same presents an outspread of risks, including privacy and security violations, misinformation and disinformation, job displacement, potential bias and discrimination of algorithms, and intellectual property infringement,” Migz Villafuerte said.
“The 20th Congress needs to craft a set of rules and regulations on AI control as this disruptive technology has been linked to the proliferation of deepfakes or AI fakery aimed at manipulating and deceiving the public, which can have serious political and social implications,” Migz Villafuerte said.
Luigi Villafuerte said that, given the harm that the misuse of AI poses to public welfare, “the DOST (Department of Science and Technology) has drawn up a NAIS Ph (National AI Strategy for the Philippines)—and which the President subsequently approved—to guide the country on developing, deploying and governing in the country until 2028.”
Luigi Villafuerte said, “The effective and responsible integration of AI into public services across the three pillars of Government, technology, and data and infrastructure will further boost the AI-readiness and -preparedness of the Philippines, whose ranking in the Government AI Readiness Index of the UK-based consultancy firm Oxford Insights went up from No. 65 out of 188 countries in 2023 to No. 56 last year.
Considering that science and technology are essential to national development and progress, the Villafuerte along with Horibata and Ridon in HB 2827 that its congressional approval will let the Marcos administration pursue the development of this technology, including digitization and infrastructure, workforce development, R&D and AI regulation—“with the end view of harnessing Al’s potentials to uplift the lives of Filipinos.”
HB 2827’s proposed Bill of Rights includes every Filipino’s:
· Right to Protection from Unsafe and Ineffective Al Systems– The right of every person to be protected from harmful AI systems shall be inviolable.
Systems shall undergo pre-deployment testing, risk identification and mitigation, and ongoing monitoring that demonstrate they are safe and effective based on their intended use, mitigation of unsafe outcomes including those beyond the intended use, and adherence to domain-specific standards;
· Right Against Algorithmic Discrimination – No person shall be discriminated by algorithms and AI systems on the basis of ethnicity, sex, related medical conditions, gender identity, religion, age, national origin, disability, genetic information, or any other classification protected by law.
Designers, developers, and deployers of AI systems shall take proactive and continuous measures to protect individuals and communities from algorithmic discrimination and shall use and design systems in an equitable manner;
· Right to Privacy – Every person shall be protected from violations of privacy through design choices that ensure such protections are included by default.
Data collection that conforms to reasonable expectations and that only data strictly necessary for the specific context is collected shall be ensured.
Designers, developers, and deployers of Al systems shall seek permission and respect the decisions of every person regarding collection, use, access, transfer, and deletion of data in appropriate ways and to the greatest extent possible. Alternative privacy by design safeguards shall be used whenever applicable;
· Right to Know – Designers, developers, and deployers of AI systems shall provide generally accessible plain language documentation including clear descriptions of the overall system functioning and the role automation plays including notice that such systems are in use, the individual or organization responsible for the system, and explanations of outcomes that are clear, timely, and accessible.
Such notice shall be kept up-to-date and people impacted by the system shall be notified of significant use case or key functionality changes; and
· Right to Remedy – Every people shall be given an opportunity to opt out from Al systems in favor of a human alternative, where appropriate. They shall have access to timely human consideration and remedy through a fallback and escalation process if an automated system fails or produces an error.
The right to appeal or contest Al’s impacts on every person shall not be denied. Human consideration and fallback shall at all times be accessible, equitable, effective, maintained and shall not impose an unreasonable burden to the public.
In case a public or private employee is terminated because of the installation or implementation of AI technologies or systems that renders his or her position redundant, the bill entitles him or her to separation pay equivalent to at least one (1) month pay for every year of service.
The displaced worker shall also be eligible for any unemployment benefits from the Social Security System (SSS) or Government Service Insurance System (GSIS).
Also, HB 2827 tasks the Department of Labor and Employment (DOLE) to create a Job Displacement Program, which will immediately assist and re-employ any worker involuntarily terminated because of AI.
The bill imposes on violators of this Act prison terms of not less than six (6) months or more than 6 years and with the accessory penalty of perpetual absolute disqualification from public office if the offender was a public official at the time of the commission of the offense.
If the violation is committed by a corporation, partnership, association, or other juridical entity, the prison term shall be imposed on the responsible directors or officers, and the lack of corporate personality cannot be raised as a defense in case the juridical entity is unregistered.
Earlier, Migz Villafuerte backed President Marcos’ call for broader and stronger infrastructure to digitally empower Filipinos, and said the House committee on information and communications technology (ICT) will support this future-proofing government agenda by pursuing legislation to beef up our defense against AI-generated cyber fraud and other digital scams.
Villafuerte said the ICT committee, which he chairs, will tackle proposed legislation against deepfakes as well as other forms of cyber fraud that have become endemic with the increasingly pervasive use of digital technology.
In a Facebook post, Migz Villafuerte pointed out that with an AI app, one can use a still photograph of one person to make it look like that person is dancing or talking.
Added Villafuerte: “Dapat, ngayon pa lang … gumawa ng AI framework nang sa ganon, transparent, maiwasan yung mga privacy infringement, at yung mga bias. Kaya importante … tinatrabaho po natin sa ICT committee na ang Pilipinas bumase sa mga guidelines worldwide, tulad po ng NIST at ng EU AI Act.”
NIST refers to the National Institute of Standards and Technology at the United States (US) Department of Commerce that deals with cybersecurity risks and protection.
The EU AI Act refers, meanwhile, to the European Union Artificial Intelligence Act that is considered as the first comprehensive regulation on AI.
