header-logo header-logo

16 October 2024
Issue: 8090 / Categories: Legal News , Technology , Artificial intelligence , Privacy
printer mail-detail

AI regulation & GDPR: ‘nerdy’ but serious problems

The AI Act, GDPR, AI treaty and other regulation could hinder the development of artificial intelligence (AI) and automated decision-making, Sir Geoffrey Vos, the Master of the Rolls, has warned

Giving a speech to the Irish Law Society Industry Event last week, Sir Geoffrey said that, as technology advances, it is important ‘not to impede its beneficial adoption by premature regulation, before the dangers posed by those technologies are clearly understood’.

The EU’s Artificial Intelligence Act partially came into force in August. The UK, EU, USA and others have signed the Council of Europe’s Treaty on AI, human rights, democracy and the rule of law.

Sir Geoffrey highlighted two ‘nerdy’ but ‘serious problems’—Art 22 of the GDPR, and the question of whether the owners of data used to train AI tools retain residual rights once the machine is in the public domain.

Article 22 protects the data subject’s right not to be subject to a decision based solely on automated processing, including profiling.

Sir Geoffrey said: ‘We may, I suppose, end up with a situation in which local authorities, Amazon and government pension authorities ask customers to consent to automated decision-making every time they contact you, just as we are asked 20 times a day to consent to cookies or additional cookies.’

Article 22 would also have repercussions if AI were to be used in judicial processes, he said, and ‘if AI were ever to be used in judicial decision-making, an automated decision could arguably not be effective’.

Issues over residual rights, such as licensing rights, in data used to train AI are likely to be ‘the subject of significant litigation in the future’, Sir Geoffrey predicted. He referred to a current dispute between Getty Images and Stability AI.

Sir Geoffrey said both problems were ‘created in part at least by regulation getting ahead of private law’.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll