News & Insights

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 one of our Data Protection experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.