Bahrain - AI Regulation Law (2024)

Overview

The Kingdom of Bahrain has taken a significant step towards regulating artificial intelligence (AI) with the unanimous approval of a standalone AI Regulation Law by its Shura Council on April 28, 2024. This pioneering legislation, comprising seven chapters and a total of 38 articles, aims to establish a comprehensive legal framework for the ethical and responsible development and deployment of AI technologies within the country. The law is designed to govern the burgeoning field of AI, ensuring that its advancements contribute positively to society while mitigating potential risks and misuses. Following its approval by the Shura Council, the bill was forwarded to the government for formal drafting and subsequent presentation to the Council of Representatives (Parliament) for final enactment. This process underscores Bahrain's proactive approach to AI governance, positioning it as a leader in the Middle East region for establishing dedicated AI legislation. The regulation is aligned with Bahrain's Economic Vision 2030 and the national objectives for digital transformation, aiming to integrate AI into critical sectors such as healthcare, education, transportation, and public services, thereby enhancing the Kingdom's competitiveness regionally and internationally. The Information & eGovernment Authority (iGA) plays a crucial role in developing broader AI policies and guidelines that complement this legislative effort, reinforcing the commitment to ethical and secure AI applications. The law's overarching goal is to foster innovation while maintaining robust ethical standards, ensuring compliance with national and international principles for privacy, security, and ethical AI deployment. The Bahraini government emphasizes building public trust in advanced technologies by ensuring transparency, accountability, and adherence to ethical standards in AI development and use.

Definitions

While the full official text of the Bahrain Shura Council AI Regulation Law, including its specific definitions, is currently undergoing formal drafting and has not yet been officially published in its enacted form, the broader context of Bahrain's AI governance framework provides insight into key terms. The law is expected to define various aspects of artificial intelligence systems and their applications. Within the framework of the National Policy for the Use of Artificial Intelligence, which complements the proposed law, AI is generally understood to encompass technologies capable of learning, reasoning, problem-solving, and decision-making, often involving the processing of large volumes of data. The policy and related discussions frequently refer to concepts such as 'automated decision-making,' 'personal data,' 'biometrics,' 'synthetic media,' and 'high-risk AI systems,' indicating that the law will likely provide precise definitions for these and other relevant terms to clarify its scope and application. The focus on preventing illicit activities associated with AI, such as tampering with biometrics or invasion of privacy, suggests that terms like 'tampering,' 'illicit activities,' and 'privacy invasion' will be explicitly defined to establish clear legal boundaries.

Governance and Institutional Framework

A central component of the Bahrain Shura Council AI Regulation Law is the establishment of a dedicated Artificial Intelligence Unit. This unit will be responsible for overseeing and monitoring compliance with the provisions of the law. Its mandate includes establishing and enforcing sustainable rules and regulations to ensure the security and safety of AI systems and their use, as well as imposing penalties for violations of the law. Furthermore, entities involved in AI activities will be required to obtain a license from this AI Unit to program, process, develop, or sell AI systems. The law also outlines procedures for applicants to exercise their right to appeal rejection decisions made by the AI Unit. This institutional framework is designed to provide a centralized authority for AI governance, ensuring consistent application of the law and fostering a regulated environment for innovation. The Information & eGovernment Authority (iGA) has also been instrumental in developing the broader National Policy for the Use of Artificial Intelligence, which provides a comprehensive framework for ethical and safe AI use across government entities. This policy emphasizes legal compliance, AI use and adoption, public education and awareness, and enhancing local and international cooperation. The iGA's role highlights the collaborative effort among various governmental bodies in shaping Bahrain's AI ecosystem.

Key Focus Areas

• Responsible Development and Deployment: The law emphasizes the importance of regulating AI technologies and their applications across a wide array of sectors. These include critical areas such as surgical operations, radiology, early disease prediction, examination, diagnosis, and treatment within healthcare. Beyond health, the law extends its reach to educational, engineering, tourism, sports, media, judicial, and scientific sectors, ensuring responsible development and deployment across the national landscape. This comprehensive scope reflects Bahrain's commitment to integrating AI ethically across its economy and public services.
• Data Protection and Privacy: A significant focus of the AI Regulation Law is the protection of privacy and safeguarding individuals from potential risks associated with AI technologies. This aligns with Bahrain's existing Personal Data Protection Law (PDPL), Law No. (30) of 2018, which regulates the collection, use, and processing of personal data, requiring explicit consent and ensuring transparency and security. The AI law is expected to reinforce these principles, ensuring that AI applications comply with strict data protection regulations to prevent misuse of sensitive data and preserve human rights and personal security.
• Human Oversight and Decision-Making: The law strictly prohibits AI systems from making decisions regarding human life, restricting human freedom, or affecting bodily integrity based solely on AI systems. It mandates that human intervention or assessment is required for decisions that significantly impact individuals, underscoring the principle of human-centric AI and maintaining human autonomy in critical decision-making processes. This provision ensures that AI serves as an assistive tool rather than a complete replacement for human judgment in sensitive areas.
• Prohibition of Harmful AI Applications: The legislation explicitly addresses and prohibits the use of AI for dangerous or illicit purposes. This includes the manipulation or alteration of speeches, official statements, or written communication, as well as modifying, editing, or tampering with textual, audio, or visual content related to individuals without their explicit consent. The law also aims to curb activities such as tampering with voice features, biometrics, fingerprints, and official documents. Furthermore, the use of AI technologies for deception, manipulation, malice, causing unrest, political disturbances, sabotage, incitement, or calls for terrorist acts is considered a grave crime, warranting severe action. The law also addresses the use of unregulated 'Autobots' or robots and prohibits programming, processing, inserting, or developing AI systems without a proper license.
• Licensing and Accountability: The law introduces a requirement for entities to obtain a license from the newly established AI Unit to program, process, develop, or sell AI systems. This licensing mechanism is intended to ensure accountability and responsible innovation within the AI sector. Developers and owners of AI systems are expected to bear responsibility for any harm caused by their technologies, reinforcing the principle of accountability.

Implementation Framework

The Bahrain Shura Council AI Regulation Law, having received unanimous approval from the Shura Council on April 28, 2024, is now in a critical phase of implementation. The bill has been forwarded to the government for formal drafting into proper legislation, after which it will be presented to the Council of Representatives (Parliament) for final consideration and enactment. This process is expected to occur within six months of the Shura Council's approval. Once the law is formally issued, the responsible minister will be mandated to issue governing executive by-laws within another six months from the date of issuance. These by-laws are crucial for providing detailed classifications for all AI programs, processors, and high-risk systems, offering clarity on operational procedures and compliance requirements. The establishment of a new special unit for AI, equipped with judicially authorized inspectors under the relevant ministry, is also part of the implementation strategy. This unit will be empowered to enforce compliance, impose administrative penalties, and ensure adherence to the law's provisions. The drafting process has involved extensive consultations with key stakeholders from various sectors, including government ministries, educational institutions, regulatory bodies, and industry representatives, ensuring a comprehensive and inclusive approach to AI regulation. This multi-stakeholder engagement aims to create a robust and practical framework that balances innovation with ethical considerations.

Monitoring and Evaluation

The monitoring and evaluation of compliance with the Bahrain Shura Council AI Regulation Law will primarily be the responsibility of the dedicated Artificial Intelligence Unit that is mandated for establishment under the law. This unit is tasked with overseeing and monitoring adherence to the law's provisions, ensuring that AI systems are developed, deployed, and used in a manner consistent with the established legal and ethical standards. The AI Unit will be empowered to establish and enforce sustainable rules and regulations, and to impose penalties for violations. While specific details on reporting requirements and regular audit mechanisms are anticipated to be elaborated in the forthcoming executive by-laws, the overarching intent is to maintain continuous oversight over AI activities. The broader National Policy for the Use of Artificial Intelligence, developed by the Information & eGovernment Authority (iGA), also emphasizes the importance of legal compliance and ethical standards, which implicitly includes monitoring and evaluation of AI applications within government entities. This integrated approach aims to ensure transparency, accountability, and the safe and ethical deployment of AI technologies across the Kingdom, contributing to building community trust.

Penalties, Liability, and Appeals

The Bahrain Shura Council AI Regulation Law includes provisions for significant penalties for violations, underscoring the Kingdom's commitment to responsible AI use. While the precise details of all penalties will be formalized in the enacted legislation and its executive by-laws, the law generally stipulates both imprisonment and fines for various offenses. For grave crimes involving the use of AI technologies for deception, manipulation, or malice, or for deliberately causing unrest, political disturbances, sabotage, incitement, or calls for terrorist acts, severe actions are warranted, including potential imprisonment. The law also outlines penalties for illicit activities associated with AI, such as tampering with biometrics, invasion of privacy, or discrimination. Furthermore, the legislation extends liability to establishments whose resources are employed in AI-related criminal activities, with potential penalties including permanent closure. The proposed law ensures that individuals harmed by the use of artificial intelligence will have a right to request compensation for damages suffered, holding the owner of the robot or programmed machine responsible for such compensation. The Artificial Intelligence Unit, once established, will be authorized to impose administrative penalties on licensed violators, which can range from a warning to license withdrawal and progressive administrative fines based on the severity of the violation. The law also outlines the procedures for entities to appeal rejection decisions made by the AI Unit regarding licensing or other administrative actions, ensuring a mechanism for redress.

Relationship to Other Instruments

The Bahrain Shura Council AI Regulation Law is designed to operate within and complement Bahrain's existing legal and regulatory landscape, particularly concerning data protection, cybersecurity, and information governance. It is intrinsically linked to and builds upon the Personal Data Protection Law (PDPL), issued under Law No. (30) of 2018. The PDPL regulates the collection, use, and processing of personal data, including provisions for consent, transparency, and data security, which are critical for AI applications that process large volumes of sensitive information. AI applications that process personal data must comply with the PDPL, ensuring individuals' privacy rights are protected. The AI Regulation Law also interacts with the Law on Protection of State Documents and Information and the Cybersecurity Law, ensuring a comprehensive approach to digital security and information integrity in the context of AI. The broader National Policy for the Use of Artificial Intelligence, developed by the Information & eGovernment Authority (iGA), serves as a strategic framework that requires government entities to comply with all relevant laws, regulations, policies, and standards related to AI, including the forthcoming AI Regulation Law, the PDPL, and the Open Data Policy. This policy confirms that all AI use is subject to existing laws, providing a central framework on top of existing government policies on AI usage. The integration of these instruments aims to create a cohesive and robust legal environment for AI development and deployment in Bahrain.

International Alignment

Bahrain's approach to AI regulation, including the Shura Council AI Regulation Law, demonstrates a strong commitment to aligning with international standards and best practices while addressing local needs and values. The Information & eGovernment Authority (iGA) has emphasized that Bahrain's adoption of AI in the government sector follows global privacy, security, and ethical standards. A key aspect of this international alignment is Bahrain's adoption of the GCC Guiding Manual on the Ethics of Artificial Intelligence Use, issued by the Ministerial Committee for eGovernment of the Gulf Cooperation Council (GCC). This manual provides a complementary framework to the national policy, reflecting shared regional values that emphasize respect for human dignity, alignment with Islamic principles and national identity, and a commitment to sustainability, cooperation, and human well-being. The core principles of Bahrain's AI framework, such as preserving human autonomy, ensuring system safety and reliability, promoting justice and non-discrimination, and protecting privacy and data security, resonate with global ethical guidelines for AI. By linking national rules to regional guidelines and adhering to global ethical standards, Bahrain is positioning itself to attract cross-border partnerships and foster an AI ecosystem that is both innovative and trustworthy. This integrated approach promotes responsible, effective AI use, supports digital transformation, and reinforces Bahrain's regional leadership in responsible AI development.

Implementation Timeline

Sources and References

Information & eGovernment Authority (iGA) - Bahrain Launches National AI Policy and Adopts GCC Ethics Manual.