Answer ... (a) Healthcare
Discussions on AI and the healthcare system are mainly being approached from a data perspective. Malta’s vision includes exploring how AI can be applied to the following aspects of healthcare:
- preventing disease;
- optimising the care trajectory for patients with common chronic conditions;
- developing and applying precision therapies for complex illnesses;
- reducing adverse events; and
- accelerating biomedical research.
Healthcare is, by nature, a data-heavy sector, thus providing many opportunities for the application of AI. The Pharmacy of Your Choice (POYC) repository stores data of over 143,000 active patients with chronic conditions. One of the projects which is to be undertaken in Malta consists of exploring the manner in which the application of AI in the POYC platform can:
- help prescribers to make more informed decisions from a patient safety perspective;
- perform predictive analysis to drive cost savings in procurement spend; and
- devise preventive care models at both the macro and micro level to create better health outcomes.
Malta’s Ministry for Health is currently laying the technical and legal foundations for public health data to be collected, stored and made available for consumption in a standardised, structured and secure manner through the implementation of a National Electronic Health Record (NEHR) system. The NEHR project is expected to go live by the end of 2021. This aims to generate better-informed decisions by health professionals and ensure continuity of care for patients. It is expected to create the perfect environment for context-rich data, in which AI can be deployed to process large amounts of complex, interrelated health information in the most efficient and effective manner possible.
(b) Security and defence
AI raises a number of questions across ethical, legal and regulatory domains, including national security and defence matters. These issues include the risks of biased and unaccountable automated decision making, discrimination, data privacy issues, cyber threats and the potential for manipulation of political systems and wider society in general. With the increase of AI technologies, it is important that these issues are addressed immediately, in order to mitigate risks and unintended outcomes.
In Malta, matters of security and defence fall under the remit of the Ministry for Home Affairs, National Security and Law Enforcement. To date, no specific measures have been taken by in terms of the application of AI to matters of security and defence.
(c) Autonomous vehicles
So far, no legislative initiatives have been taken in order to provide a legal framework for the introduction of autonomous vehicles in Malta. When looking at Malta’s Motor Vehicles Regulations (Subsidiary Legislation 65.11), there does not seem to be any provision which would prevent the introduction of autonomous vehicles in Malta; however, the manner in which the regulations are drafted seems to suggest that the motor vehicle must be driven by a person. In fact, Article 59 provides: “The licensee of a motor vehicle is responsible that the driver employed by him is in possession of the requisite licences. The driver of a vehicle is responsible that the motor vehicle under his charge is provided with the necessary licence for the service which it is required to perform.”
Furthermore, in the Motor Vehicles Insurance (Third-party risks) Ordinance, Chapter 104 of the Laws of Malta, the term ‘driver’ is defined as follows: “where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle”.
The Motor Vehicles Insurance Ordinance also seems to suggest that the user of such motor vehicles in Malta must be a natural person. Drivers of motorised vehicles can be liable for damage of other traffic members only if the driver was personally at fault. This is the only ground to claim damages for traffic accidents. ‘Fault’, as a legal concept, means the wrongful behaviour for which the person who has caused damage can legally be blamed. Victims will not be entitled to compensation unless they can prove fault. As Malta is a country that currently has exclusively fault-based liability in relation to motor vehicle accidents, it will not impose liability on the driver/operator or owner of an autonomous vehicle, unless he or she must have been aware of this risk and could have prevented it.
(d) Manufacturing
In a communication from the European Commission of April 2018, entitled Artificial Intelligence for Europe, the applications of AI to the manufacturing sector were discussed. Europe has a world-leading AI research community, with a strong leading manufacturing industry, which relies increasingly on AI. The commission commits to analysing systemic shifts in value chains in order to:
- anticipate AI opportunities for small and medium-sized enterprises (SMEs);
- pilot critical industrial AI applications in non-tech sectors; and
- reinforce the European advanced manufacturing support centre for SMEs.
Another communication issued by the European Commission in February 2020 discussed Europe’s leading position in the field of AI and manufacturing, and confirmed that over half of the top manufacturers in Europe have implemented at least one instance of AI in their manufacturing operations.
Upon joining the European Union in 2004, Malta began transforming its economic focus, shifting from low-end manufacturing to an innovation-driven, service-based economy, which is now recognised as a leading global hub for financial and digital industries, with a re-dimensioned focus on industry aligned to advanced manufacturing. In A Strategy and Vision for Artificial Intelligence in Malta 2030, the manufacturing sector was discussed. In this regard, the Maltese government will be providing financial support for AI-related research and technology development in Malta’s areas of smart specialisation (including high-value added manufacturing) through the Malta Council for Science and Technology FUSION Fund. From a legislative and regulatory point of view, however, no amendments or initiatives have been taken in relation to AI issues in the manufacturing industry.
(e) Agriculture
From a regulatory perspective, the concept of AI has not been introduced in the agriculture sector in Malta. From a European perspective, in the European Commission’s April 2018 communication, it expressed its support towards AI technologies in both basic and industrial research. This includes investments in projects in key application areas, including agriculture. A pilot scheme was also introduced to support breakthrough market-creating innovation through the European Innovation Council. One of the areas which is targeted by this scheme is indeed agriculture.
Furthermore, in the white paper on AI published by the European Commission in February 2020, the potential of AI was discussed. Notably, Europe has excellent research centres, innovative start-ups, a world-leading position in robotics and competitive manufacturing and services sectors, including the agriculture sector.
(f) Professional services
The Malta Financial Services Authority has discussed how AI is affecting the financial services sector. Malta looks set to embrace these technologies and cultivate a framework to position itself as a leader in the area. AI-driven based solutions are now being used for intelligent financial planning, investment and money management services for consumers.
In relation to gaming, AI technologies are frequently incorporated into solutions to help detect and reduce fraud, enhance marketing effectiveness and augment customer service interactions and customer experience functions. Furthermore, in the advanced manufacturing and aviation maintenance, repair and overhaul industries, AI-driven solutions are being deployed for condition monitoring and predictive maintenance activities. The solutions draw on the vast amount of data that aircraft, ships and machines now generate. One of the pillars of the Malta AI strategy focuses on private sector adoption. This involves the promotion of awareness to enable companies of all sizes to use, develop and integrate AI applications across their organisations. The Maltese government will also focus on measures that enable companies to integrate AI applications in the way they work.
(g) Public sector
Malta’s AI strategy outlines many projects in terms of how AI can be applied to the public sector. AI has the potential to help transform how public services are delivered and how national resources are used. AI can also improve the government’s efficiency, thereby improving internal operations and governance.
One of the primary projects which the Maltese government is proposing is the creation of an AI-powered government. An awareness campaign will be launched for public officers to build capacity, knowledge and understanding of what AI is, why it is important and the benefits of public sector adoption. Another initiative aims to encourage the procurement of smart technologies. The government intends to develop various policy measures, including the launch of a new business case template which requires business owners to put forward a request for technology procurement to document whether emerging technologies have been considered. The Malta.AI Taskforce set up a Working Group for Public and Private Sector Adoption, in consultation with the public administration. Six AI pilot projects were identified, which will be undertaken and implemented by 2022 within the sectors of traffic management, education, healthcare, customer service, tourism and utilities.
(h) Other
Tourism is a vital sector of Malta’s economy, contributing to approximately 15% of Malta’s gross domestic product. The Malta Tourism Authority is responsible for overseeing all matters involving tourism, which falls under the responsibility of the minister for tourism, the environment and culture. AI models are being applied to big data in order to:
- identify industry trends and sentiment (ie, what tourists like and dislike) at scale;
- provide recommendations on places to visit and book; and
- enable hotels and vacation rental owners to deploy automated pricing solutions based on supply and demand.
In Malta, no regulatory changes have been discussed or implemented so far in terms of the tourism sector.
Real estate is another sector which is tackled in Malta’s AI strategy. AI solutions are being used to increase the relevance of recommendations that users see on websites, display personalised advertising, identify when new properties come on the market, and automatically tag and classify property photos and listings.