Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Managing risks associated with the use of artificial intelligence
Litrow Hickson
Business
Litrow Hickson  
November 22, 2022

Managing risks associated with the use of artificial intelligence

MANY organisations now use artificial intelligence (AI) to enhance product and service delivery. One common example is the use of natural language processing to answer customer queries. This form of technology uses AI to respond to customer queries without the assistance of humans.

AI technology comes with a unique set of risks, however. In March 2016 Microsoft tested a new chatbot named Tay on Twitter. Within a few hours of being launched, Tay started to tweet highly abusive and offensive comments, including racist and anti-semitic ones. Needless to say, Microsoft had to suspend the account. In another example Amazon had to update its Alexa voice assistant after it challenged a 10-year-old girl to touch a coin to the prongs of a half-inserted plug.

If your organisation is using a chatbot to deliver services to customers or uses AI to sift through data or adjudicate on other matters, there may be a number of legal and reputational risks that you should consider safeguarding against.

Unlike traditional programming in which a human tells the computer what to do, AI uses machine learning and other techniques to create its own set of rules. AI therefore mimics the human brain by performing tasks usually performed by humans, including perceiving, analysing and processing data to make informed decisions. AI is now being used to, among other things, come up with medical diagnoses, predict tax liability cases, and review contracts.

Since AI is not recognised as a separate legal entity, the actions taken by AI (although sometimes unforeseeable) may make your organisation liable. Because of the absence of legislation specifically governing AI in Jamaica, here are a few things you should consider in addressing AI-related liability.

Transparency and Human Oversight

The first mechanism to mitigate against risks is to make adequate disclosures. If AI is being used in aspects of a business relevant to customers and other stakeholders, they should be informed that AI is being used. Although Jamaica does not have similar regulations, there are guidelines emanating from the European Union requiring documentation and record keeping, transparency and provision of information to users, and human oversight.

Behind the scenes, businesses should check that AI technologies are constantly tested to ensure that malfunctions are addressed as they arise. The swift action by Microsoft and Amazon in the examples above may have saved them millions of dollars in damages from potential civil claims. There are also several well known AI incidents in which AI produced biased results because of the data inputted in training. It is imperative that AI is monitored to avoid potential discrimination claims and civil liability.

In some instances the appropriate solution may be to leave the final decision-making to humans. If you fear that the AI decision-maker used in your business is likely to produce biased or incomplete results, you should ensure that there is some human oversight of the decision-making processes.

Use of Contracts

The unique advantage of using contracts to govern liability resulting from the use of AI is that they afford the parties the opportunity to allocate risks before the loss-causing event occurs. For example, a contract could contain an indemnity provision with respect to loss arising from AI. Such a clause may be useful where you have a third-party AI provider who is responsible for testing and monitoring. If sued, your business could rely on that provision to be indemnified for loss resulting to customers from AI malfunctions.

There may be other types of risks associated with AI that can be governed by contracts. For example, contracts may be used to impose obligations on providers of AI to, among other things, maintain the privacy and confidentiality of data on which the AI is trained. This is also imperative in light of the data protection obligations which have been imposed by legislation in Jamaica.

Insurance Coverage

Admittedly, AI liability is not at present readily insurable. Aspects of loss created by AI may however be covered under some policies related to business disruptions. Your organisation may wish to consider whether there is insurance coverage for particular types of risks associated with the use of AI in your business. With the proliferation of more mainstream uses of AI we will likely see more insurance coverage being afforded. In the United Kingdom, for example, there is legislation which requires owners of autonomous vehicles (operated by AI) to obtain and maintain insurance for any loss resulting from such vehicles.

Legal & Regulatory Considerations

Your organisation may also wish to consider whether there is non-AI specific legislation, or whether there are regulations, which could have implications for AI use within your business. If you operate in an industry which uses AI to sort and process customer data, you should consider whether there are any data privacy or confidentiality issues which you should be considering and safeguarding against. For example, if you are processing personal data you should consider whether all actions taken are compliant with the Data Protection Act of Jamaica.

Every business should consider the legal and reputational risks which could likely arise from the use of AI within the business, and safeguard against those risks. Your organisation should seek legal advice to determine what the unique set of risks are for your business.

Litrow Hickson is an associate at Myers, Fletcher & Gordon and is a member of the firm’s Litigation Department. Litrow may be contacted via litrow.hickson@mfg.com.jm or www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Arsenal held by 10-man Chelsea, Isak ends drought to fire Liverpool
International News, Latest News, Sports
Arsenal held by 10-man Chelsea, Isak ends drought to fire Liverpool
November 30, 2025
LONDON, United Kingdom (AFP) — Mikel Merino rescued Arsenal as the Premier League leaders battled to a 1-1 draw against 10-man Chelsea in a heavyweigh...
{"jamaica-observer":"Jamaica Observer"}
Health Minister welcome Barbados field hospital in Savanna-la-mar
Latest News, News
Health Minister welcome Barbados field hospital in Savanna-la-mar
November 30, 2025
ST JAMES, Jamaica — Minister of Health and Wellness, Dr Christopher Tufton, has welcomed the establishment of the Barbados Field Hospital on the groun...
{"jamaica-observer":"Jamaica Observer"}
State ward-turned-entrepreneur credits Revivalists for getting her on path to success
Latest News, News
State ward-turned-entrepreneur credits Revivalists for getting her on path to success
Church seeks to dispel myths about movement
Carlysia Ramdeen, Observer Online reporter, ramdeenc@jamaicaobserver.com 
November 30, 2025
A successful entrepreneur in the United States, Dr Patricia Smith wasn’t born with the proverbial golden spoon in her mouth. Abandoned by her parents ...
{"jamaica-observer":"Jamaica Observer"}
JPS Foundation leads clean-up of Holiness Christian Church in Catherine Hall
Latest News, News
JPS Foundation leads clean-up of Holiness Christian Church in Catherine Hall
November 30, 2025
KINGSTON, Jamaica — JPS Foundation, through its Volunteers On Location To Serve (VOLTS), joined recovery efforts in Catherine Hall, St James, last Thu...
{"jamaica-observer":"Jamaica Observer"}
Flow employee recognised for outstanding customer service at CACU awards
Latest News, News
Flow employee recognised for outstanding customer service at CACU awards
November 30, 2025
KINGSTON, Jamaica — B2B Service Support Officer at Flow, Alicia Tucker has received the Consumer Advisory Committee on Utilities (CACU) Customer Servi...
{"jamaica-observer":"Jamaica Observer"}
Gov’t to ramp up land titling efforts
Latest News, News
Gov’t to ramp up land titling efforts
BY ANTHONY LEWIS Observer writer 
November 30, 2025
WESTMORELAND, Jamaica — Prime Minister Dr Andrew Holness said the Government will be ramping up its land titling efforts in Westmoreland that will ass...
{"jamaica-observer":"Jamaica Observer"}
Capleton promises high energy performance at Food, Rum and Reggae Festival
Entertainment, Latest News
Capleton promises high energy performance at Food, Rum and Reggae Festival
BY KEVIN JACKSON Observer Writer 
November 30, 2025
The Food, Rum and Reggae Festival will take place next Sunday December 6 and one of the headliners, dancehall firebrand, Capleton, is promising to upl...
{"jamaica-observer":"Jamaica Observer"}
Alleged burglar mobbed, set ablaze in St Elizabeth
Latest News, News
Alleged burglar mobbed, set ablaze in St Elizabeth
November 30, 2025
ST ELIZABETH, Jamaica — A man accused of burglary was mobbed in Bona Vista Housing Scheme in Myersville, St Elizabeth on Saturday. Police have identif...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct