A Light Touch Regulatory Framework for AI
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Partner
UK
With over 25 years' experience as a leading technology lawyer and now based in both our London and San Francisco offices, I have extensive experience advising on tech infrastructure and outsourcing projects.
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A more controlling framework is needed for Tech that impacts on fundamental rights, such as predictive policing and the use of AI in criminal justice, potentially dangerous environments (e.g. autonomous vehicles) and the health sector. Tech developments that do not relate to fundamental rights (even though important to individuals), such as shopping apps and some aspects of social media, do not need to be subject to regulatory controls.
We recommend that a ‘light-touch’ but graduated regulatory framework for innovative Tech with components of self-regulation should be developed. This regulatory framework should take account of, reinforce and build in the focus on corporate responsibility that many companies are now developing. It should provide a regulatory environment that is applicable to and responds to the Tech environment, using – wherever possible – review and transparency mechanisms, instead of heavy-handed, inappropriate and difficult to exercise legal remedies.
Under this approach a balance should be achieved between enabling innovative AI solutions to be developed and implemented whilst giving sufficient regulatory protection for problems to be tackled.
