Lords amend DUAB to require transparency in relation to AI models
Yesterday, the House of Lords proposed an amendment to the Data (Use and Access) Bill that would require “transparency of business data used in relation to AI models". The government was defeated on this point – its view is that AI and copyright will be dealt with later and not in this Bill.
Ayesha Bhatti, Head of Digital Policy, UK & EU, at the Center for Data Innovation said:
“The House of Lords [today] voted to reintroduce amendments to the Data Use and Access Bill that would require developers of AI models to disclose all individual works used in pre-training, fine-tuning, retrieval-augmented generation, or any other data input processes. The amendments limit access to data, thwarting the very purpose of the Bill, and present a significant risk to its passage.”
An amendment was made to ‘scientific data’ – to meet the reasonableness test, scientific research must be conducted according to appropriate ethical, legal and professional frameworks, obligations and standards. The Lords also agreed an amendment regarding sex and gender data definition in the context of digital verification services.
The government argued that organisations sometimes need to know the biological sex – passport data is not enough. Lord Vallance, Minister of State also stated that guidance is forthcoming to follow the recent Supreme Court ruling on gender, and this is needed before making any changes to how data is held by public authorities. On scientific research he said that ‘anything that is not scientific research now would not be so under this Bill’.
The Bill will now be sent back to the Commons.
There will be an extra long session at PL&B’s International Conference on the Data (Use and Access) Bill which is expected to be enacted in June. The speakers are the top policy team who have been drafting the Bill and advising ministers.
This session will be chaired by Professor David Erdos, Professor of Law & the Open Society, Cambridge University, and Co-Director of the Centre for IP & Information Law.
The session will cover the most significant new elements in this law. By putting your questions to the speakers, you will be able to work out with your peers the practical impact of the new law for your organisation.
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