Further to our previous article, the Government has announced that artificial intelligence (AI) will be regulated in the UK
Regulating Artificial Intelligence
A new paper published by the Government on the 18th July 2022 called 'Establishing A Pro-Innovation Approach To Regulating AI' states that the regulation of artificial intelligence in the UK will be underpinned by 6 core principles designed to manage the risks that come with the technology.
6 Core Principles
The 6 core principles are:-
- AI system must be safe
- Outcomes arising out of the operation of AI systems must be fair
- There must a right of redress where things go wrong
- AI systems must be secure and reliable
- Legal responsibility for artificial intelligence must reside with an identifiable person
- There must be transparency in the use of AI systems
The six core principles will be applied across all sectors of the economy on a non-statutory basis, complemented by context-specific regulatory guidance and voluntary standards that will be implemented by UK regulators such as the Information Commissioner's Office. Hence, there will be no central AI regulator, but instead sector regulators who will apply the 6 core principles to artificial intelligence systems operated within the area they oversee.
A light-touch, risk-based, and context specific approach
Given these proposals, the UK is adopting a far more light-touch risk-based approach compared to the more prescriptive and standardized one being pursued by the EU, which published its draft AI Act back in 2021. The UK approach to artificial intelligence will instead focus upon proportionality, with the regulatory framework for artificial intelligence systems being determined by the industry and context in which the system is being deployed.
Rather than provide a precise definition of artificial intelligence, the Government's paper instead focuses upon what it regards as the two core characteristics which the technology exhibits: its ability to adapt to its environment and its ability to make autonomous decisions. Hence, regulation will be applied to technology that displays these two characteristics, in order to address the issues arising out of it in the manner set out above.
The government has now launched a consultation on its proposed National AI Strategy, which will remain open until the 26th September 2022.
Reaction
Commenting upon the Government's new paper on artificial intelligence, Kwasi Kwarteng, the Secretary of State for Business, Energy and Industrial Strategy, stated that: "It is essential that we maximise the full opportunities which AI can bring to the UK, including by meeting our target of total R&D investment in the UK reaching 2.4% of GDP by 2027. We must achieve this while ensuring that we can build consumer, citizen and investor confidence in our regulatory framework for the ethical and responsible use of AI in our society and economy. Our ambition is to support responsible innovation in AI - unleashing the full potential of new technologies, while keeping people safe and secure."
The Director of Technology and Innovation at techUK, Sue Daley, added: "We are pleased to see that the policy position paper published today highlights the need to account for the specific contexts in which AI is being used and that duplication or contradiction between regulatory regimes must be avoided. These are both key issues highlighted in techUK’s paper Governance for an AI future published earlier this year."
Inquiry Into Recruitment AI Systems
Amid mounting concerns that artificial intelligence systems used during recruitment could be operating in a discriminatory manner, the Information Commissioners Office (ICO) has now launched a formal inquiry into the systems and their use, including the algorithms used to screen candidates.
A spokesperson for the ICO stated: "We will be investigating concerns over the use of algorithms to sift recruitment applications, which could be negatively impacting employment opportunities of those from diverse backgrounds. We will also set out our expectations through refreshed guidance for AI developers on ensuring that algorithms treat people and their information fairly."
