On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience.  In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The Report sets out its findings and recommendations.
Continue Reading Centre for Data Ethics and Innovation Publishes Final Report on “Online Targeting”

On 19 September 2019, the European Parliamentary Research Service (“EPRS”)—the European Parliament’s in-house research service—released a briefing paper that summarizes the current status of the EU’s approach to developing a regulatory framework for ethical AI.  Although not a policymaking body, the EPRS can provide useful insights into the direction of EU policy on an issue.  The paper summarises recent calls in the EU for adopting legally binding instruments to regulate AI, in particular to set common rules on AI transparency, set common requirements for fundamental rights impact assessments, and provide an adequate legal framework for facial recognition technology.

The briefing paper follows publication of the European Commission’s high-level expert group’s Ethics Guidelines for Trustworthy Artificial Intelligence (the “Guidelines”), and the announcement by incoming Commission President Ursula von der Leyen that she will put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within her first 100 days in office.


Continue Reading European Parliamentary Research Service issues a briefing paper on implementing EU’s ethical guidelines on AI

On June 26, 2019, the EU High-Level Expert Group on Artificial Intelligence (AI HLEG) announced two important developments: (1) the launch of the pilot phase of the assessment list in its Ethics Guidelines for Trustworthy AI (the “Ethics Guidelines”); and (2) the publication of its Policy and Investment Recommendations for Trustworthy AI (the “Recommendations”).

The AI HLEG is an independent expert group established by the European Commission in June 2018.  The Recommendations are the second deliverable of the AI HLEG; the first was the Group’s Ethics Guidelines of April 2019, which defined the contours of “Trustworthy AI” (see our previous blog post here).  The Recommendations are addressed to policymakers and call for 33 actions to ensure the EU, together with its Member States, enable, develop, and build “Trustworthy AI” – that is, AI systems and technologies that reflect the AI HLEG’s now-established ethics guidelines.  Neither the Ethics Guidelines nor the Recommendations are binding, but together they provide significant insight into how the EU or Member States might regulate AI in the future.

Throughout the remainder of 2019, the AI HLEG will undertake a number of sectoral analyses of “enabling AI ecosystems” — i.e., networks of companies, research institutions and policymakers — to identify the concrete actions that will be most impactful in those sectors where AI can play a strategic role.


Continue Reading Two new developments from the EU High-Level Working Group on AI: launch of pilot phase of Ethics Guidelines and publication of Policy and Investment Recommendations for Trustworthy AI

On June 10, 2019, the UK Government’s Digital Service and the Office for Artificial Intelligence released guidance on using artificial intelligence in the public sector (the “Guidance”).  The Guidance aims to provide practical guidance for public sector organizations when they implement artificial intelligence (AI) solutions.

The Guidance will be of interest to companies that provide AI solutions to UK public sector organizations, as it will influence what kinds of AI projects public sector organizations will be interested in pursuing, and the processes that they will go through to implement AI systems.  Because the UK’s National Health Service (NHS) is a public sector organization, this Guidance is also likely to be relevant to digital health service providers that are seeking to provide AI technologies to NHS organizations.

The Guidance consists of three sections: (1) understanding AI; (2) assessing, planning and managing AI; (3) using AI ethically and safely, as summarized below. The guidance also has links to summaries of examples where AI systems have been used in the public sector and elsewhere.


Continue Reading UK Government’s Guide to Using AI in the Public Sector

Last week, the ABA’s Commission on Ethics 20/20 recommended a series of changes to the Association’s Model Rules of Professional Conduct that are intended to bring the Rules more in line with the realities of law practice in the 21st Century.  The recommendations are the result of the Commission’s three-year study that revealed two overarching