AI is fast evolving and will be affecting all aspects of our lives and businesses.
The UK Government is now formulating principles it will flexibility to deal with AI as it evolves.
The consultation is expect to result in guidance for all sectors by 2024.
In March 2023, the government published the Whitepaper called 'A pro-innovation approach to AI regulation'. The document is a charter on how the UK will regulate AI in all aspects of UK life.
The decision currently is not to create a single act of Parliament, but it has been decided to support current regulators to develop sector-based principals to regulate AI. The regulators under consideration include the Information Commission Office, the Financial Conduct Authority, the Competition and Markets Authority, the Health and Safety Executive, Ofcom and the Human Rights Commission.
Each sector will have to consider how to apply the following five principles.
- Safety and security.
- Transparency and explain ability.
- Fairness.
- Accountability and governance
- Contestability and redress.
After considering the above principles the regulators are expected in 2024 to supply non statutory guidance based on the following basic foundations of the government charter on AI.
- AI should be defined on its ability to support regulator co-ordination.
- Adopt a framework-specific approach.
- Supply a set of broad principles to supply guidance to all regulators to respond to AI risks and potential prospects.
- To introduce a statutory duty on regulators based on the above five principals to deliver new central government functions to support regulators. The approach is designed to be interactive between regulators.
The government has also given is support to the Vallance Review which looked at regulating developing AI technologies. Sir Partick Vallance recommended the government create a Digital Regulatory Cooperation Forum. This would consist of the current regulators working together. He also recommended that the government formulate a policy in relation to generative AI and intellectual property law. The Intellectual Property Office is also currently working on a code of practice.
The government approach is to measure the effectiveness of this type of strategy and to decide when it will be essential to create new laws to ensure compliance with the guidance which will evolve from this process. The government also plans an AI risk register for consultation and eventually a detailed report will be release sometime in 2024.
The European Commission and the rest of the world also have a fragmented approach to the risk of AI and therefore it will be interesting to see how the position on law and AI will evolve over time. Anyone developing and using AI will have to pay close attention to these new developments. It will be interesting to see where how these latest changes will affect our everyday lives. Businesses should keep an eye on these consultations to get an understanding about the potential impact of AI on employment matters.
This article is only for guidance. Should you need legal advice please speak to one of our advisors on the Quest Advice Line on 0116 274 9193.
