Regulating AI Smartphones: Protecting Consumer Rights in the Digital Era

Experts Call for Regulations on AI Smartphones to Protect Consumers

The establishment of a compliance framework for artificial intelligence (AI) smartphones is urgently needed, according to industry experts. Their comments were made during a recent conference at the East China University of Political Science and Law.

Balancing Innovation and Fair Competition

Li Mingde, a scholar at the Chinese Academy of Social Sciences and director of the Academic Committee of the Intellectual Property Law Society of the China Law Society, emphasized that there is a critical need to balance technological innovation with the prevention of unfair market competition. This balance has become a significant issue for current legal systems, compliance frameworks, and liability structures.

Beyond Technical Concerns

Han Qiang, deputy Party secretary of East China University of Political Science and Law, noted that the challenges associated with AI smartphones extend beyond mere technical issues. They evolve into comprehensive topics that intertwine technological logic, legal systems, and ethical norms.

The Complexity of AI Smartphones

Shan Xiaoguang, a professor at Tongji University, acknowledged that AI smartphone topics are both cutting-edge and complex, presenting numerous challenges and significant research value.

Revisiting Personal Information Protection

Gao Fuping, dean and professor at the Internet Law Institute at East China University of Political Science and Law, highlighted that the continuous sensing, cross-device data reading, and intelligent inference mechanisms of AI smartphones profoundly challenge the personal information protection regime built on the principle of informed consent. Traditional compliance frameworks, which focus on purpose limitation and data minimization, face adaptation challenges in light of AI’s high-frequency and multi-layered data processing patterns.

Proposed Compliance Measures

In response to these issues, experts called for the construction of a compliance framework. Key proposed measures include:

  • Defining clear compliance boundaries to ensure AI agent permissions are controllable and traceable.
  • Implementing informed consent that is substantively realized, allowing users the ability to refuse, revoke, and delete their data.
  • Maintaining complete logs of AI agent processes to record key operations.
  • Promoting collaborative governance involving judicial, administrative regulatory, and industry self-regulatory bodies to form a dynamic adjustment mechanism.

Exploring Independent Oversight

Given the potential lag and knowledge limitations in administrative and judicial oversight, seminar participants also explored the establishment of an independent supervisory body.

Legislative Flexibility

Chen Jinchuan, an arbitrator at the World Intellectual Property Organization, suggested that regulatory legislation should not be finalized prematurely. Allowing room for market competition to adjust is essential.

Empowering Users

Guo He, a professor at the Law School of Renmin University of China, emphasized that ensuring users’ substantive informed consent regarding AI functions is central to compliance. Vague notifications should be avoided, empowering users to make autonomous choices at critical junctures.

Conclusion

In closing remarks, Liu Junhua, vice-president of the Shanghai Intellectual Property Court, stressed the importance of examining the potential impacts of this new wave of technological revolution. He urged a calm response to identify real problems and determine the appropriate timing and methods for legal intervention.

More Insights

Revolutionizing Drone Regulations: The EU AI Act Explained

The EU AI Act represents a significant regulatory framework that aims to address the challenges posed by artificial intelligence technologies in various sectors, including the burgeoning field of...

Revolutionizing Drone Regulations: The EU AI Act Explained

The EU AI Act represents a significant regulatory framework that aims to address the challenges posed by artificial intelligence technologies in various sectors, including the burgeoning field of...

Embracing Responsible AI to Mitigate Legal Risks

Businesses must prioritize responsible AI as a frontline defense against legal, financial, and reputational risks, particularly in understanding data lineage. Ignoring these responsibilities could...

AI Governance: Addressing the Shadow IT Challenge

AI tools are rapidly transforming workplace operations, but much of their adoption is happening without proper oversight, leading to the rise of shadow AI as a security concern. Organizations need to...

EU Delays AI Act Implementation to 2027 Amid Industry Pressure

The EU plans to delay the enforcement of high-risk duties in the AI Act until late 2027, allowing companies more time to comply with the regulations. However, this move has drawn criticism from rights...

White House Challenges GAIN AI Act Amid Nvidia Export Controversy

The White House is pushing back against the bipartisan GAIN AI Act, which aims to prioritize U.S. companies in acquiring advanced AI chips. This resistance reflects a strategic decision to maintain...

Experts Warn of EU AI Act’s Impact on Medtech Innovation

Experts at the 2025 European Digital Technology and Software conference expressed concerns that the EU AI Act could hinder the launch of new medtech products in the European market. They emphasized...

Ethical AI: Transforming Compliance into Innovation

Enterprises are racing to innovate with artificial intelligence, often without the proper compliance measures in place. By embedding privacy and ethics into the development lifecycle, organizations...

AI Hiring Compliance Risks Uncovered

Artificial intelligence is reshaping recruitment, with the percentage of HR leaders using generative AI increasing from 19% to 61% between 2023 and 2025. However, this efficiency comes with legal...