GDPR & AI

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The key message from the ICO regarding the use of AI is not to forget if AI is processing personal data, then you need to apply all GDPR to that processing. This will be particularly relevant if you’re using AI to process personal data (which could be as simple as using an AI bot to sit on transcribe your video calls) or if your personal data is being used to train the AI model.

In the UK, the ICO are currently consulting on the use of the AI, and are currently considering:

  • Lawful basis for processing personal data for AI training purposes
  • How purpose limitation should be applied at different stages in a generative AI lifecycle
  • How the accuracy principle applies to AI outputs
  • Engineering individuals’ rights into generative AI models.

You can keep a track of the ICO’s “consultation series” on their website here: https://ico.org.uk/about-the-ico/ico-and-stakeholder-consultations/ico-consultation-series-on-generative-ai-and-data-protection/

And, in the meantime, if you’re using AI in your business, take a look at the ICO’s “Guidance on AI and data protection” (https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/artificial-intelligence/guidance-on-ai-and-data-protection/) and consider utilising the ICO’s AI and data protection risk toolkit (https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/artificial-intelligence/guidance-on-ai-and-data-protection/ai-and-data-protection-risk-toolkit/).

In addition to the ICO’s position, the EU Parliament has recently passed an AI Act. The key elements of the Act include extraterritorial effect (i.e. it applies to organisations providing AI services to the EU, from outside the EU), a risk based model setting out AI that is prohibited, high risk, limited risk or low risk and how EU GDPR applies to AI. The Act will be implemented over a period of time, starting with the rules regarding prohibited coming into force 6 months from the Act coming into force. There’s a useful summary of the main parts of the Act on the McDermott, Will & Emery website: https://www.mwe.com/insights/the-ai-act-the-eus-bid-to-set-the-global-standard-for-ai-regulation/

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