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Public Consultation on the Regulations for the Management of Generative Artificial Intelligence Services

Author: CHISPO ATTORNEYS AT

Date: 2023-04-12

Beijing, April 11th, According to the National Internet Information Office, in order to promote the healthy development and standardized application of generative artificial intelligence technology in compliance with relevant laws and regulations such as the "Cybersecurity Law of the People's Republic of China," the National Internet Information Office has drafted the "Regulations for the Management of Generative Artificial Intelligence Services" (hereinafter referred to as the "draft for soliciting opinions") and is now soliciting public opinions.

The draft for soliciting opinions states that before providing services to the public using generative artificial intelligence products, providers must declare their security assessments to the National Internet Information Office in accordance with the "Regulations on the Security Assessment of Internet Information Services with Public Opinion Attributes or Social Mobilization Capabilities," and fulfill the algorithm filing, modification, and cancellation procedures in accordance with the "Regulations on the Management of Internet Information Service Algorithm Recommendations."

According to the draft for soliciting opinions, organizations and individuals who provide chat, text, image, and sound generation services using generative artificial intelligence products (hereinafter referred to as providers), including those who support others to generate text, images, sounds, etc. through the provision of programmable interfaces, shall assume the responsibility of the content producer for the generated content of the product. If personal information is involved, providers shall assume the legal responsibility of the personal information processor and fulfill the obligations of personal information protection.

Providers shall also be responsible for the legality of the pre-training data and optimization training data sources of the generative artificial intelligence products. The pre-training and optimization training data used for generative artificial intelligence products must meet the following requirements:
- comply with relevant laws and regulations such as the "Cybersecurity Law of the People's Republic of China";
- do not contain any content that infringes upon intellectual property rights;
- if the data contains personal information, the consent of the personal information subject shall be obtained or other situations stipulated by laws and administrative regulations shall be met;
- ensure the authenticity, accuracy, objectivity, and diversity of the data; and
- meet other regulatory requirements of the National Internet Information Office regarding generative artificial intelligence services.


(Source: Legal Daily)