The Application of AI in Customs Control: A Legal and Comparative Justice Analysis

Abstract

In the era of digital transformation, the adoption of Artificial Intelligence (AI) in customs control has become a key strategy for enhancing the efficiency of risk management, goods screening, and data verification processes-delivering greater accuracy, speed, and automation. However, the application of AI in the public sector, particularly within customs enforcement, continues to face significant legal and ethical challenges. These include algorithmic transparency, explainability of outcomes, the legal admissibility of machine-generated evidence, and the protection of human rights.

           This article aims to examine the legal dimensions of AI use in customs control, with a particular focus on comparative analysis of legal frameworks and policy practices in jurisdictions with well-established approaches, such as the European Union, the United States, the United Kingdom, Australia, Japan, South Korea, China, Singapore, and Taiwan. The findings indicate that these countries emphasize transparency, auditability, state accountability, and the right to fair treatment. In contrast, Thailand currently lacks a dedicated legal framework for governing AI in the context of customs administration.

           Accordingly, this article proposes policy recommendations to support the development of AI-specific laws and regulatory guidelines in the Thai customs context. These recommendations cover key issues such as algorithmic impact assessments, oversight mechanisms, complaint handling systems, and avenues for redress. By undertaking this approach, the article contributes to the body of knowledge in the field of law and technology, while offering normative guidance for the ethical and equitable integration of AI into Thailand’s public sector decision-making.