Expect developments in AI governance and UK-US transfers

The UK-US data bridge is eagerly awaited and should be ready soon. The adequacy arrangement will make life much easier. Until then, UK organisations still need to carry out Transfer Risk Assessments although an easier task now that they can refer to the EU-US Data Privacy Framework when assessing risk. The ICO will provide further advice on this area, and PL&B will organise a webinar on the UK-US agreement as soon as it has been adopted.

Developments in AI are fast, and governments are trying to respond by discussing governance frameworks. The G7, of which the UK is a member, is expected to prepare a report on generative AI, and may develop international guiding principles. The UK is organising a high level AI Safety Summit (1-2 November) at Bletchley Park. We will follow this event with interest to see what emerges.

The UK government will have to decide whether it will appoint a separate AI regulator. Currently, DRCF (Digital Regulation Cooperation Forum) regulators, including the ICO, are evaluating how their competencies apply to AI. We will hear from Tom Reynolds, Chief Economist, ICO, and Bethan Watts, Director of Projects, DRCF at our 14 September workshop on how to reconcile the important objectives of innovation and privacy www.privacylaws.com/harnessing.

There are elements in the UK DPDI (No. 2) Bill that will have an impact on AI. Now that the Bill is in the House of Lords, we can expect a more critical debate on some of its provisions than was the case in the Commons. In any case, the law will be carried over and will not be adopted until Spring 2024. The government will set out its legislative agenda in the King’s speech on 7 November.

Just as we are grappling with the challenges presented by AI, neurotechnology is gathering pace alongside it, bringing with it a host of privacy related questions and issues, our correspondents say. This is definitely an area to watch as some of these technologies are already in use in the medical sphere.

Laura Linkomies
Editor, Privacy Laws & Business

September 2023