Israel: Principles for Innovation and Responsible Use of AI

In December 2023, the Israeli Ministry of Innovation, Science and Technology, in conjunction with the Ministry of Justice, published a policy document on the subject of regulation and ethics in the field of artificial intelligence. The purpose of this document is to provide guidance to government ministries during their activities. This document constitutes a significant step toward helping the Israeli public sector contend with the challenges and opportunities that AI technology poses.

Policy Document Highlights

1. Sectoral approach: Regulation will focus on specific industries and will not be across-the-board.
2. ŸAdaptation to international standards: Regulation in Israel will be adapted, to the extent possible, to the standards of developed countries and international organizations.
3. ŸRisk management: Entities should follow a risk management procedure when developing and using AI technologies, and the regulation will be adapted to the relevant risks.
4. ŸFlexible regulation: Advanced, flexible regulatory tools will be used, such as ethical principles, standardization, and self-regulation, in order to maximize the social and economic benefits of the technology.
5. ŸCollaboration: Experts, industry representatives, members of academia, and other stakeholders will develop regulation collaboratively, in order to create a professional and technological regulatory infrastructure.

The policy document also specifies several key ethical principles for the development and use of AI-driven systems that are in line with the OECD principles:

• ŸResponsible use to drive growth and innovation.
• ŸThe safeguarding of basic rights, such as human dignity and the right to privacy, the right to equality, and the prevention of unlawful discrimination, as well as important public interests.
• ŸTransparency.
• Reliable and safe systems.

The policy document also specifies the following key measures for implementation:

• Establishment of a knowledge center with government coordination for AI issues.
• ŸThe various regulatory authorities will take action to identify and map uses of AI-driven systems under their spheres of responsibility.

Implications

The very publication of the policy document indicates the considerable importance the Ministry of Innovation, Science and Technology and the Ministry of Justice attribute to the opportunities and challenges posed by the use of AI technologies by regulatory authorities in Israel. This policy is likely to have a significant impact on the way AI technologies are developed and used in Israel. Various companies and entrepreneurs using AI technologies will have to act according to already prescribed and future ethical and regulatory principles, while maintaining a balance between the aspiration for innovation and social responsibility. Directives to relevant specific sectors are likely to be published in the near future.

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Dr. Avishay Klein is a partner at Barnea Jaffa Lande and leads the firm’s Privacy, Data Protection, Cyber and AI Department.