Late yesterday, the EU institutions reached political agreement on the European Data Act (see the European Commission’s press release here and the Council’s press release here). The proposal for a Data Act was first tabled by the European Commission in February 2022 as a key piece of the European Strategy for Data (see our previous blogpost here). The Data Act will sit alongside the EU’s General Data Protection Regulation (“GDPR”), Data Governance Act, Digital Services Act, and the Digital Markets Act.Continue Reading Political Agreement Reached on the European Data Act
Facial Recognition Update: UK ICO Fines Clearview AI £7.5m & EDPB Adopts Draft Guidelines on Use of FRT by Law Enforcement
Facial recognition technology (“FRT”) has attracted a fair amount of attention over the years, including in the EU (e.g., see our posts on the European Parliament vote and CNIL guidance), the UK (e.g., ICO opinion and High Court decision) and the U.S. (e.g., Washington state and NTIA guidelines). This post summarizes two recent developments in this space: (i) the UK Information Commissioner’s Office (“ICO”)’s announcement of a £7.5-million fine and enforcement notice against Clearview AI (“Clearview”), and (ii) the EDPB’s release of draft guidelines on the use of FRT in law enforcement.Continue Reading Facial Recognition Update: UK ICO Fines Clearview AI £7.5m & EDPB Adopts Draft Guidelines on Use of FRT by Law Enforcement
Robotics Spotlight: Global Regulatory Trends Affecting Robotics
On April 28, 2022, Covington convened experts across our practice groups for the Covington Robotics Forum, which explored recent developments and forecasts relevant to industries affected by robotics. Sam Jungyun Choi, Associate in Covington’s Technology Regulatory Group, and Anna Oberschelp, Associate in Covington’s Data Privacy & Cybersecurity Practice Group, discussed global regulatory trends that
Continue Reading Robotics Spotlight: Global Regulatory Trends Affecting RoboticsEMEA AI Legislative and Regulatory Roundup 2021 and Forecast 2022
In 2021, countries in EMEA continued to focus on the legal constructs around artificial intelligence (“AI”), and the momentum continues in 2022. The EU has been particularly active in AI—from its proposed horizontal AI regulation to recent enforcement and guidance—and will continue to be active going into 2022. Similarly, the UK follows closely behind with
Continue Reading EMEA AI Legislative and Regulatory Roundup 2021 and Forecast 2022
Tech Regulation in Africa: Recently Enacted Data Protection Laws
There has been a substantial increase in the use of the Internet across the African continent, aided by ongoing investment into local digital infrastructure, reduction in the associated costs, and improved user access. This has allowed both individuals, and private and public entities, the ability to access, collect, process and/or disseminate personal data more easily,
Continue Reading Tech Regulation in Africa: Recently Enacted Data Protection Laws
European Commission Launches Consultation on Initiative to Fight Child Sexual Abuse
On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in the Initiative’s inception impact assessment issued in December last year. The consultation runs until April 15, 2021, and the Commission intends to propose the necessary legislation by the end of the second quarter of 2021.
Continue Reading European Commission Launches Consultation on Initiative to Fight Child Sexual Abuse
AI Update: The Future of AI Policy in the UK
On January 6, 2021, the UK’s AI Council (an independent government advisory body) published its AI Roadmap (“Roadmap”). In addition to calling for a Public Interest Data Bill to ‘protect against automation and collective harms’, the Roadmap acknowledges the need to counteract public suspicion of AI and makes 16 recommendations, based on three main pillars, to guide the UK Government’s AI strategy.
Continue Reading AI Update: The Future of AI Policy in the UK
AI Update: European Commission Conducts Open Consultation on the European Health Data Space Initiative
On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”). The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the Commission’s understanding of the current situation, problem and possible solutions”.
Continue Reading AI Update: European Commission Conducts Open Consultation on the European Health Data Space Initiative
AI Update: UK Parliament Research Briefing on AI in the UK Healthcare System
On 18 January 2021, the UK Parliamentary Office of Science and Technology (“POST”)* published its AI and Healthcare Research Briefing about the use of artificial intelligence (“AI”) in the UK healthcare system (the “Briefing”). The Briefing considers the potential impacts of AI on the cost and quality of healthcare, and the challenges posed by the wider adoption of AI, including safety, privacy and health inequalities.
The Briefing summarises the different possible applications of AI in healthcare settings, which raises unique considerations for healthcare providers. It notes that AI, developed through machine learning algorithms, is not yet widely used within the NHS, but some AI products are at various stages of trial and evaluation. The areas of healthcare identified by the Briefing as having the potential for AI to be incorporated include (among others): interpretation of medical imaging, planning patients’ treatment, and patient-facing applications such as voice assistants, smartphone apps and wearable devices.Continue Reading AI Update: UK Parliament Research Briefing on AI in the UK Healthcare System
AI Update: The Council of Europe Publishes Feasibility Study on Developing a Legal Instrument for Ethical AI
On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights standards. Its main conclusion is that current regulations do not suffice in creating the necessary legal certainty, trust, and level playing field needed to guide the development of AI. Accordingly, it proposes the development of a new legal framework for AI consisting of both binding and non-binding Council of Europe instruments.
The Study recognizes the major opportunities of AI systems to promote societal development and human rights. Alongside these opportunities, it also identifies the risks that AI could endanger rights protected by the European Convention on Human Rights (ECHR), as well as democracy and the rule of law. Examples of the risks to human rights cited in the Study include AI systems that undermine the right to equality and non-discrimination by perpetuating biases and stereotypes (e.g., in employment), and AI-driven surveillance and tracking applications that jeopardise individuals’ right to freedom of assembly and expression.Continue Reading AI Update: The Council of Europe Publishes Feasibility Study on Developing a Legal Instrument for Ethical AI