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22 January 2024
Issue: 8056 / Categories: Legal News , Profession , Technology , Artificial intelligence
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Consultation on AI & web-scraped data

A consultation on how data protection law should apply to generative artificial intelligence (AI) has been launched by the Information Commissioner’s Office (ICO)

Generative AI means AI that can create content such as text, audio and imagery. Typically, these AI models are trained on extensive datasets.

The ICO wants to hear lawyers’ views on: the appropriate lawful basis for training generative AI models; the purpose limitation principle (that personal data should only be used for specified purposes) in the context of generative AI; expectations around compliance with the accuracy principle (requirement to take reasonable steps to erase inaccurate data); and expectations on compliance with data subject rights.

In coming months, the ICO will set out its emerging thinking on these questions, and is inviting legal advisors and interested parties to share their views. The first chapter will cover the lawful basis for training AI models on web-scraped data, and is open until 1 March.

Respond online at smartsurvey.co.uk/s/GenAILawfulBasis or via email at generative.ai@ico.org.uk.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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