What’s the latest for AI and data protection?
28th March 2024 by Edwina Bones
AI is slowly becoming a part of our lives whether we have stopped to think of it or not. From smart homes to voice devices (hello there Alexa), we’re becoming more reliant on technology. The result is that more data is being collected about us. What steps are being put in place to protect this data?
The short answer is that the UK is not rushing to put in place reems of new legislation. Instead, it’s relying on the principles that are already in place, but guiding businesses on how to implement these principles when using AI. The Information Commissioner’s Office (ICO) for example has produced useful guidance notes for those who use AI, such as this. This includes advice on how risk assessments can help manage data security and how to carry out these assessments. The ICO has also conducted consultations on AI, and has more planned. These consultations look at how different aspects of data protection law should apply to the development and use of generative AI. The first consultation considered the lawful basis for web scraping to train generative AI models.
This is in addition to the Government’s White Paper which was published back In March 2023. The five principles that it introduced (safety, security and robustness; appropriate transparency and explainability; fairness; accountability and governance; and contestability and redress) are each important when considering data protection compliance. They published a follow-on paper this year which included an AI regulation roadmap.
This is a different approach to the EU which is introducing new legislation dealing directly with AI (namely the EU Artificial Intelligence Act and AI Liability Directive). This will put in place a risk-based system that prohibits AI where it presents an unacceptable risk.
Businesses that use AI should be taking care to comply with the advice that has been issued to date as, whilst not legally binding in itself, failure to do so could result in data protection breaches. Those dealing with EU personal data should also continue to keep a close eye on the developments of the above-mentioned legislation.
If you have any questions about AI and data protection compliance then please contact Edwina Bones at e.bones@laceyssolicitors.co.uk or on 01202 377824.
Edwina Bones
Senior Associate — Corporate and Commercial
Direct dial: 01202 377824
Edwina has returned to Laceys after working for Womble Bond Dickinson in Southampton and is a Senior Associate within our Corporate and Commercial team. Edwina specialises in commercial contracts, intellectual property and charity law and has experience in drafting, negotiating and advising on a variety of agreements. Since qualifying in 2011, she has advised a range of businesses in various sectors. This includes a secondment working in-house for a well-known multi-national retailer.
Edwina has been listed in the Legal 500 as having an “incredible knowledge and a drive to do things right’. She enjoys getting to know a client’s business in order that she can provide tailored, practical advice.
Outside of work Edwina enjoys practising yoga, walking her energetic Labrador in the beautiful Dorset countryside and generally keeping active as well as spending quality time with her family and friends.
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