UK Government

On 21 June 2023, at the close of a roundtable meeting of the G7 Data Protection and Privacy Authorities, regulators from the United States, France, Germany, Italy, United Kingdom, Canada and Japan published a joint “Statement on Generative AI” (“Statement”) (available here). In the Statement, regulators identify a range of data protection-related concerns they believe are raised by generative AI tools, including legal authority for processing personal information, and transparency, explainability, and security. The group of regulators also call on companies to “embed privacy in the design conception, operation, and management” of generative AI tools.

In advance of the G7 meeting, on 15 June 2023, the UK Information Commissioner’s Office (“ICO”) separately announced that it will be “checking” whether businesses have addressed privacy risks before deploying generative AI, and “taking action where there is risk of harm to people through poor use of their data”.Continue Reading UK and G7 Privacy Authorities Warn of Privacy Risks Raised by Generative AI

On 4 May 2023, the UK Competition and Markets Authority (“CMA”) announced it is launching a review into AI foundation models and their potential implications for the UK competition and consumer protection regime. The CMA’s review is part of the UK’s wider approach to AI regulation which will require existing regulators to take responsibility for promoting and overseeing responsible AI within their sectors (for further information on the UK Government’s strategy, including its recent AI White Paper, see our blog post here). The UK Information Commissioner’s Office (“ICO”) has also recently published guidance for businesses on best practices for data protection-compliant AI (see our post here for more details).Continue Reading UK’s Competition and Markets Authority Launches Review into AI Foundation Models

On 29 March 2023, the UK Government published a White Paper entitled “A pro-innovation approach to AI regulation” (“White Paper”). The White Paper elaborates on the approach to AI set out by the Government in its 2022 AI Governance and Regulation Policy Statement (“Policy Statement” – covered in our blog post here). This announcement comes following the Government’s commitments, in the Spring Budget 2023, to build an expert taskforce to develop the UK’s capabilities in AI foundation models and produce guidance on the relationship between intellectual property law and generative AI (for more details of these initiatives, see here).

In its White Paper, the UK Government confirms that, unlike the EU, it does not plan to adopt new legislation to regulate AI, nor will it create a new regulator for AI (for further details on the EU’s proposed AI regulation see our blog posts here and here). Instead, the UK would require existing regulators, including the UK Information Commissioner’s Office (“ICO”), to take responsibility for the establishment, promotion, and oversight of responsible AI in their respective sectors. Regulators’ activities would be reinforced by the establishment of new support and oversight functions within central Government. This approach is already beginning to play out in certain regulated areas in the UK. For example, in October 2022, the Bank of England and Financial Conduct Authority (“FCA”) jointly released a Discussion Paper on Artificial Intelligence and Machine Learning considering how AI in financial services should be regulated and, in March 2023, the ICO updated its Guidance on AI and Data Protection.  Continue Reading UK Government Adopts a “Pro-Innovation” Approach to AI Regulation

The UK Government’s (UKG) proposals for new, sector-specific cybersecurity rules continue to take shape. Following the announcement of a Product Security and Telecommunications Infrastructure Bill and a consultation on the security of apps and app stores in the Queen’s Speech (which we briefly discuss here), the UKG issued a call for views on whether action is needed to ensure cyber security in data centres and cloud services (described here).

In recent weeks, the UKG has made two further announcements:

  • On 30 August 2022, it issued a response to its public consultation on the draft Electronic Communications (Security measures) Regulations 2022 (Draft Regulations) and a draft Telecommunications Security code of practice (COP), before laying a revised version of the Draft Regulations before Parliament on 5 September.
  • On 1 September 2022, it issued a call for information on the risks associated with unauthorized access to individuals’ online accounts and personal data, and measures that could be taken to limit that risk.

We set out below further detail on these latest developments.

*****Continue Reading A packed end to the UK’s cyber summer: Government moves forward with telecoms cybersecurity proposals and consults on a Cyber Duty to Protect

The UK Government recently published its AI Governance and Regulation: Policy Statement (the “AI Statement”) setting out its proposed approach to regulating Artificial Intelligence (“AI”) in the UK. The AI Statement was published alongside the draft Data Protection and Digital Information Bill (see our blog post here for further details on the Bill) and is

On 18 July 2022, following its recent response to the public consultation on the reform of UK data protection law (see our blog post on the response here), the UK Government introduced its draft Data Protection and Digital Information Bill (the “Bill”) to the House of Commons.

The Bill is 192 pages, and contains 113 sections and 13 Schedules, which amend and sit alongside existing law (the UK GDPR, Data Protection Act 2018 (“DPA”), Privacy and Electronic Communications Regulations 2003 (“PECR”), the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, etc.). Some readers’ immediate reaction might be to query whether the Bill will simplify the legislative framework for businesses operating in the UK and facilitate the goal of the Information Commissioner to provide “certainty” for businesses. Time will tell. The Government’s publication of a Keeling Schedule (essentially a redline of the UK GDPR and DPA 2018 showing the changes resulting from the Bill), expected in the Autumn, will be welcome.

Much of the content of the Bill was previewed in the Government’s consultation response and include proposed changes that are designed to try to reduce the administrative burden on business to some extent.  The Bill is by no means a radical departure from existing law, however, and in some key areas – such as data transfers – the law will essentially remain the same.  But we now have additional important details on proposed changes to UK data protection law, and we set out in this post our immediate thoughts on some details that are worth highlighting.Continue Reading A Cautious Approach: the UK Government’s Data Protection and Digital Information Bill

There have been many headlines today about the UK Government’s plans to reform UK data protection law. We are still reviewing the (near 150-page) consultation document, but set out below a dozen proposals that we thought might pique the interest of readers of our blog.
Continue Reading 12 Eye-Catching Proposals In The UK Government’s Plan To Reform UK Data Protection Law

On February 10, 2020, the UK Government’s Committee on Standards in Public Life* (the “Committee”) published its Report on Artificial Intelligence and Public Standards (the “Report”). The Report examines potential opportunities and hurdles in the deployment of AI in the public sector, including how such deployment may implicate the “Seven Principles of Public Life” applicable to holders of public office, also known as the “Nolan Principles” (available here). It also sets out practical recommendations for use of AI in public services, which will be of interest to companies supplying AI technologies to the public sector (including the UK National Health Service (“NHS”)), or offering public services directly to UK citizens on behalf of the UK Government. The Report elaborates on the UK Government’s June 2019 Guide to using AI in the public sector (see our previous blog here).
Continue Reading UK Government’s Advisory Committee Publishes Report on Public Sector Use of AI