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Thailand’s New AI Law Seeks Balance Between Innovation and Data Protection
New AI law promotes trustworthy innovation while protecting personal data and ensuring human accountability. It mandates risk management, transparency, and legal oversight for AI use in Thailand.
AI Law and Its Implications
New AI legislation aims to balance the promotion of trustworthy innovation with the protection of personal data. The focus is on setting safety standards for AI systems, managing data used in AI development, and categorizing AI risks related to personal data.
The law is designed to encourage participation in AI advancements rather than discourage investment. It seeks to attract local engagement in AI, ensuring Thailand remains competitive in AI adoption. For example, some government ministries have already leveraged AI to shut down illegal websites at a rate of 3,000 per day, a significant improvement compared to the manual rate of 3,000 per week.
The Electronic Transactions Development Agency (ETDA) recently opened a public consultation on the AI draft law, which ended on June 9. The draft introduces fundamental legal principles on AI technology and establishes non-discriminatory treatment of AI-generated actions. It affirms that AI actions must be legally recognized unless specific clauses allow otherwise.
Importantly, the draft clarifies that AI is a tool operated and controlled by humans. Responsibility for AI-driven actions and consequences always lies with people. Unforeseeable AI behavior cannot be used as an excuse to avoid accountability.
The draft also provides exemptions when AI actions are unpredictable. If contractual parties cannot foresee AI behavior and the affected party is aware of this unpredictability, liability may be limited. Instead of listing banned or high-risk AI applications, the law empowers sectoral regulators to define those categories based on their expertise.
Risk Management
Providers of AI services must follow a duty of care by adopting risk management practices aligned with global standards. Foreign AI service providers operating in Thailand are required to appoint legal representatives within the country.
AI service providers must report serious AI incidents to law enforcement, enabling regulatory improvements. Those deploying high-risk AI systems must personally oversee their AI's functioning and maintain logs for a designated period.
If high-risk AI applications affect lives or infringe on basic rights, providers are obligated to notify affected individuals and cooperate with AI supervisory agencies to investigate the causes.
The ETDA’s AI Governance Center will support AI research, development, and governance while advising organizations using AI services. Law enforcement agencies will have the authority to order the suspension of AI services or halt AI use when necessary.
To encourage innovation, controlled testing environments or sandboxes will be available for AI development. Additionally, companies using AI-generated content must clearly label it or use other methods to inform consumers about its AI origin.
Practical Takeaways for Government and Legal Professionals
- Accountability: Human responsibility remains central in AI operations and legal consequences.
- Risk Oversight: High-risk AI users must implement strict supervision and transparency measures.
- Regulatory Flexibility: Sector-specific regulators will define AI application risks rather than relying on a fixed prohibited list.
- Legal Representation: Foreign AI service providers must establish a legal presence in Thailand.
- Consumer Transparency: AI-generated content requires clear labeling to maintain trust and compliance.
This evolving legal framework highlights the importance of proactive governance and compliance for organizations leveraging AI technologies. For those seeking to deepen their understanding of AI applications and governance, Complete AI Training offers relevant courses tailored to various sectors and skill levels.