A mixture of excitement and trepidation around Artificial Intelligence (AI) has hit a fever pitch now that generative AI(1) has moved from the sphere of scientific imagination to the everyday lives of consumers and small businesses. Some legislators are struggling to craft legislation that balances innovation and responsibility(2) across the spectrum of AI,(3) while others like the UK opt for self-regulation with guardrails.(4)

Yet DPAs aren’t waiting for an AI rulebook. They’re using existing privacy and data protection regimes to reign in harmful AI practices, including with generative AI.(5) In keeping with this trend, privacy plays a key role in US President Joe Biden’s administration’s sweeping 30 October Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence(6) (the EO on AI). It will have cascading effects that will impact the private sector.