UK ICO Updates Guidance on AI and Data Protection

On 15 March 2023, the UK ICO published an update to its Guidance on AI and Data Protection, following requests from the UK industry to clarify requirements for fairness in artificial intelligence.

The Guidance contains advice on the interpretation of relevant data protection law as it applies to AI, and recommendations on good practice for organisational and technical measures to mitigate risks caused by AI.

The Guidance was first published in September 2020.  The updated Guidance has been restructured using the GDPR data protection principlesas the pillars for the structure.  According to the ICO, this will make updating the Guidance in the future more efficient and also “makes editorial and operational sense”. 

The update supports the UK Government’s “vision of a pro-innovation approach to AI regulation” and its intention to “embed considerations of fairness into AI”.  The ICO also noted that the Guidance will require further updates in the future to keep up with the “fast pace of technological developments” and confirmed it will be supporting the implementation of the UK Government’s white paper on AI.  The White Paper set forth a principles-based framework to regulating AI for existing regulators to interpret and apply to AI within their own remits, making this guidance all the more important.

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