AI regulation
Latest developments
Artificial intelligence (AI) is already reshaping our society and our economy. With key sectors such as health, education, transport, retail and professional services set to be transformed, the Government has an ambition for AI to turbocharge growth and for the UK to become a global AI superpower.
However, recognising that AI also poses significant challenges, such as ethical, legal, social and technical issues, that require careful regulation and oversight, the government published a White Paper on AI regulation in March 2023 (entitled “A pro-innovation approach to AI regulation”). The White Paper sets out the Government’s vision and proposals for implementing a proportionate, future-proof and pro-innovation framework for regulating AI in the UK. At its core, the White Paper outlines five cross-cutting principles that will underpin the UK’s AI regulatory approach: safety, security and robustness; appropriate transparency and explainability; fairness and non-discrimination; accountability and governance; and alignment with human values and public interest.
The White Paper also emphasises that responsibility for regulating AI should be left to individual regulators, who will address AI risks specific to their remits, and that the government will support them with guidance, coordination and funding.
Separately, the Competition and Markets Authority published a report in September 2023 proposing principles which aim to ensure consumer protection and healthy competition are at the heart of responsible development and use of foundational models.
Summary
The UK already has a well-developed digital regulatory framework which will apply to the development, deployment and use of AI systems. This includes horizontal, cross-cutting frameworks, such as rules on personal data and automated decision making under The Data Protection Act 2018, the UK's intellectual property regime and protections against discrimination under the Equalities Act 2010. It also includes vertical sector specific regimes, such as rules on medical devices.
The UK government has recognised the importance and urgency of regulating AI in a way that balances innovation and public trust. It has proposed a principles-based and sector-specific approach that aims to ensure that AI systems in the UK are safe, secure, transparent, fair, accountable and aligned with human values. The government has also committed to supporting the existing regulators and stakeholders in developing and applying the appropriate rules and standards for AI in their domains. The government’s white paper on AI regulation is a significant step towards establishing a clear and coherent framework for regulating AI in the UK. The White Paper proposes that (when Parliamentary time allows) the principles it outlines should be put on a statutory footing in the form of a statutory duty on existing regulators to consider these principles when exercising their functions.
How could it be relevant for you?
If you are a developer, deployer or user of AI systems in the UK, you should be aware of the current and future regulatory landscape for AI in the UK. You should familiarise yourself with the relevant rules and standards that apply to your sector and aspect of AI, such as data protection, privacy, equality, consumer rights, etc. You should also follow the guidance and best practices provided by the regulators and other bodies, such as the ICO’s AI auditing framework, the CDEI’s AI barometer, etc. You should also engage with the regulators and stakeholders in shaping the UK’s AI regulatory approach, by providing feedback, evidence and suggestions on how to improve the existing or proposed rules and standards for AI.
Next steps
The UK government has invited comments and views on its white paper on AI regulation until 30 November 2023. You can submit your response online or by email. You can also participate in various events and consultations organised by the government or other organisations on this topic. You can also keep up to date with the latest developments and news on AI regulation in the UK by following the websites and social media accounts of the relevant regulators and bodies, such as the ICO, the CDEI, etc.
Having proposed seven guiding principles for the development and use of foundational models the CMA intends to undertake a significant programme of engagement with a wide range of stakeholders across the UK and internationally, to develop these principles further.
The UK government is currently reforming the UK data protection framework, via the Data Protection and Digital Information Bill. Solely automated decision making is substantially liberalised under the Bill. Broadly, the same restrictions are retained where the decision will rely on processing special category data. However, other significant, solely, automated decisions would be permitted, provided certain safeguards are put in place. These safeguards, must include abilities for data subjects to make representations, contest the decision and require human intervention. This change is similar approach to the UK position prior to GDPR, and will be welcomed as the existing prohibition on automated decision making is often problematic.
The UK Intellectual Property Office is also working on a code of practice on copyright and AI, aiming to clarify the relationship between intellectual property and generative AI, make licenses for data mining more available, and ensure protections for rights holders. The government expects parties to enter into the final code of practice on a voluntary basis, but legislation could be considered if agreement is not reached or the code of practice is not adopted.
November 2023 will see the UK host the world’s first summit on AI safety. International governments, leading AI companies and experts in research will unite for talks on the safe development and use of frontier AI technology.
*Information is accurate up to 27 November 2023
