THE ROLE OF THE BOARD OF DIRECTORS IN NAVIGATING ARTIFICIAL INTELLIGENCE

In today's digital age, technological advancements have revolutionized businesses across industries. Among these advancements, artificial intelligence (AI) has emerged as a powerful tool with the potential to shape the future of companies. AI's rapid development and innovation in recent years has opened new avenues for businesses and is increasingly becoming a popular tool for enhancing processes, improving efficiency, and gaining a competitive edge.

As AI becomes more pervasive, by autonomously performing routine tasks and also being able to independently make crucial business decisions, it will pose significant challenges for traditional corporate governance frameworks and overall accountability.

There is an important role to play for the Board of directors in harnessing the potential of AI while mitigating associated risks.

AI Governance and the Responsibility of the Board:

• Principles 11 and 12 of the King IV Report on Corporate Governance emphasize that the governance of risk, technology, and information must be in line with the strategic objectives of an organization. In this regard, the Board must ensure that there is sound data and information governance in place, thereby taking a leading role in the adoption of AI technologies.

• The Board should therefore set the tone by providing strong leadership in the setting of an ethical framework for AI utilization. This should be a regular item on meeting agendas and appropriate policies, guidelines, and procedures should be developed with management to mitigate risks and align AI practices with ethical standards and strategic objectives.

• From a regulatory compliance perspective, the King IV principles align with the Board’s obligations in terms of the Protection of Personal Information Act (POPIA). The Board should ensure that there is appropriate classification of data and strict controls in place to prevent unauthorized disclosure of confidential and personal information when using third-party AI technologies.

Risk Management:

• In terms of Intellectual Property Protection, generative AI technologies present challenges in determining ownership of data and the generated outputs. Boards should ensure that the company, rather than third parties, owns data and intellectual property, reducing the risk of potential claims.

• Boards must be further aware of bias in machine learning data and algorithmic discrimination. AI algorithms can inadvertently reinforce stereotypes, discriminate against certain groups, or perpetuate exclusionary practices.

• In terms of the accuracy of data, Generative AI models work on probabilistic distributions, leading to variations in responses. The reliance on potentially outdated or inaccurate data exposes companies to risks of incorrect responses or advice which Board members should be mindful of.

Key Takeaways:

As AI becomes increasingly integrated into businesses, the role of the Board of directors in governing its deployment becomes crucial. While AI offers immense opportunities, it also presents unique challenges that require careful consideration and proactive risk management.

By providing leadership, setting ethical standards, and implementing governance practices, Boards can mitigate risks and ensure responsible AI utilization, thereby safeguarding the interests of the company and its stakeholders.