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As interest in using artificial intelligence increases, can UK and EU compliance legislation keep pace with the rate of change?
Journal of Data Protection & Privacy,
6
(1),
9-23
(2023)
Abstract
Legislation usually follows technological developments, in this case the advancement of artificial intelligence (AI). AI could assist predictions of case outcomes for litigators by methodically reviewing vast data lakes related to previous judgments, reviewing the issues in each related case along with conclusions the judge reached. Therefore, draft proposals such as the EU's Artificial Intelligence Act (AIA), the EU's AI Liability Directive (AILD), guidance from the UK's Information Commissioner's Office (ICO) as well as recommendations from organisations such as the Organisation for Economic Co-operation and Development (OECD) regulating the use of AI from both the UK and EU will be discussed. The development of common AI definitions, technical standards and related tools can assist in the requirement for international harmonisation through other mechanisms as well as judicial awareness of the impending issue. The key areas of research will focus on the following: proposed legislation, existing legislation, journals and books. Case law will also be reviewed to ascertain any awareness from the judiciary as to the complexities related to AI.
Keywords: artificial intelligence; risk assessment; UK General Data Protection Regulation (GDPR); liability; tort
The full article is available to subscribers to the journal.
Author's Biography
Steve Wilkinson An industry expert with more than 20 years of successful experience, Steve Wilkinson stands at the forefront of the fast-moving world of data privacy. He has spent the past seven years bringing old-style privacy awareness into the 21st century. Coming from a risk and compliance background, Steve is a person with a risk-based approach to data privacy security systems and with deep privacy industry knowledge. Steve has championed awareness of regulatory compliance for a number of years, promoting it to small companies as well as large, and to governmental departments. He has provided information and recommendations to the regulatory authorities and to the UK and US governments (the Data Protection Act [DPA] 2018 and the US Privacy Act). Steve has been a guest speaker at more than a dozen events in the past two years, mainly speaking on the impacts of privacy and data protection on a global platform. Steve has worked on the UK's Brexit programme within the Department for Environment, Food & Rural Affairs and on cookie implementation for the Cabinet Office covering all .gov websites. In addition to speaking events, Steve also lectures at Henley Business School (affiliated to Harvard) on both their General Data Protection Regulation (GDPR) and CEO leadership programmes. Steve is seen by many as ‘probably the leading data privacy expert in enforcement in the world’, a statement provided by many whom he works with. Steve is the Data Protection Officer (DPO) and Regulatory Council at Lebara Telecom, but also takes time to assist companies in tackling the data privacy landscape on a global basis, advising government departments as well as private companies. Steve has also developed many e-learning courses and was the first person in the UK to develop and run an e-learning course for academic institutions.
