The Information Commissioner's Office (ICO) has updated its guidance on data protection in artificial intelligence (AI). The ICO is quick to point out that its guidance reflects the government's vision to establish a pro-innovation approach to regulating AI.
The guidance has been restructured around the data protection principles and includes several new sections. These include:
- A new accountability section outlines what organisations should consider when conducting a data protection impact assessment (DPIA) on AI.
- A new chapter provides a high-level description of how to ensure transparency when explaining decisions made with AI.
- A new chapter addresses ensuring lawfulness in AI. The content in this chapter covers AI and inferences, affinity groups and special category data.
- A new chapter regarding ensuring fairness in AI and a detailed supplemental annex covering fairness in the AI lifecycle.
A LinkedIn post by Robert Bateman highlights the challenge for anyone advising on data protection compliance in AI. In his opinion, "there is a fundamental conflict between the GDPR's principles and the large-scale data processing required to train large language models."
In related news, the UK government published Sir Patrick Vallance’s review on pro-innovation regulation for digital technologies. The review notes that there is a 12-to-24-month window of opportunity in which the UK can become a global leader in artificial intelligence (AI). It is, therefore, a priority for the UK to settle on a regulatory approach to provide clarity in this space. The review included several recommendations for the government to:
- Work with regulators to develop AI sandboxes.
- Develop a clear policy on intellectual property law and generative AI.
- Enable industry access to public data, and prioritise data sharing across the public sector to facilitate digital transformation in public services.
- Bring forward the Future of Transport Bill to unlock innovation around autonomous road vehicles.
In response, the ICO issued a statement welcoming the focus the report brings while acknowledging more can always be done. The ICO also said it plays an important role in "helping innovators develop safe and trustworthy new products and services. We've published a wealth of guidance in this area, as well as practical support to innovators through our Regulatory Sandbox."
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