On July 30, 2020, the UK Information Commissioner’s Office (“ICO”) published its final guidance on Artificial Intelligence (the “Guidance”). The Guidance sets out a framework for auditing AI systems for compliance with data protection obligations under the GDPR and the UK Data Protection Act 2018. The Guidance builds on the ICO’s earlier commitment to enable good data protection practice in AI, and on previous guidance and blogs issued on specific issues relating to AI (for example, on explaining decisions on AI, trade-offs, and bias and discrimination, all covered in Covington blogs).
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IoT Update: The UK Government’s Response to Centre for Data Ethics and Innovation Consultation
On 20 November 2018, the UK government published its response (the “Response”) to the June 2018 consultation (the “Consultation”) regarding the proposed new Centre for Data Ethics and Innovation (“DEI”). First announced in the UK Chancellor’s Autumn 2017 Budget, the DEI will identify measures needed to strengthen the way data and AI are used and regulated, advising on addressing potential gaps in regulation and outlining best practices in the area. The DEI is described as being the first of its kind globally, and represents an opportunity for the UK to take the lead the debate on how data is regulated.
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UK CMA Publishes its Report on Commercial Use of Consumer Data
On 17 June, the UK Competition & Markets Authority (“CMA”) published its report on the commercial use of consumer data collected by companies. The CMA began its review of the issue with a call for information in January.
In short, the CMA concludes that, while consumer data presents some characteristics that sets it apart from other data, these characteristics are not unique to consumer data and the markets in which it is collected and used. As a result, existing competition and market tools are effective to tackle conduct that may give rise to competition concerns in these markets. The German Monopolies Commission reached a similar conclusion in its digital markets report published on 6 June.Continue Reading UK CMA Publishes its Report on Commercial Use of Consumer Data