Navigating new technologies and data privacy

The ICO’s tech horizons report 2025 discusses technologies that the ICO thinks are likely to be introduced in the next two to seven years. While not wanting to pre-empt future policy positions, the ICO presents its early view on these highly uncertain, evolving technology areas. Similar technologies are in fact currently being assessed in the ICO’s regulatory sandbox.

A part of the ICO’s report addresses content partially or entirely generated using AI or machine learning, including images, video and audio. This includes deepfake content which is already a problematic issue and is now included in the Data (Use and Access) Bill which would create new offences in respect of sexually explicit images, produced digitally without consent. While the ICO supports this aim, it also points out that there may be implications for UK EU adequacy if the provisions conflict with the European Convention on Human Rights to which the UK is still a party. Read more about the Data Bill, currently at the House of Commons.

The ICO has recently responded to the government’s request for plans to secure economic growth. The area of digital marketing is of great importance to the UK’s economy and the stakes are high as organisations are grappling with new cookie developments (p.1 and p.8) as well as ‘consent or pay’. On the EU side, the European Commission has finally given up on the e-Privacy regulations.

Also in this issue, our correspondent analyses the ICO’s guidance on AI tools in recruitment. Transparency is a key component but how, in practice, to explain use of AI to individuals?. Lastly, I had the pleasure to interview children’s privacy advocate Claire Archibald about her work. This topical area is also the subject of a PL&B conference on 11 March – I hope to see you there.

Laura Linkomies
Editor, Privacy Laws & Business

March 2025