The guide, published on 16 April and co-developed by the LGA, London Office of Technology and Innovation (LOTI), the Equality and Human Rights Commission (EHRC) and Information Commissioners Office (ICO), provides councils with a framework to:
- consider whether an AI-based technology is likely to deliver positive benefits to staff and/or citizens and will not lead to unlawful discrimination, advance equality of opportunity between people who fall within protected characteristics under the Equality Act 2010, and foster good relations between communities who engage with public services;
- seek the necessary evidence to report on the actual benefits to their workforce, communities, and society as a whole after the decision to produce an AI-based technology has been made;
- encourage staff who are considering using an AI-based technology to engage with specialist teams – procurement team, an Equality, Diversity, and Inclusion [EDI] officer and the Data Protection Officer or information governance team – as soon as possible and throughout the commissioning, procuring and contracting processes.
The scope of the guidance includes any AI-based technologies, algorithms or algorithmic systems that are procured or commissioned by a council, which can have a “significant impact” on citizens, or those which influence the creation or delivery of policies and services.
The guidance notes: “With the expanding use of AI, it is important that councils understand how this may impact people with different protected characteristics. These technologies can improve the efficiency, availability, and effectiveness of public services. They also have the potential to create inequalities and make existing inequalities worse.”
The PSED requires public authorities to have ‘due regard’ to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is prohibited by or under the Equality Act 2010;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The guide reminds councils: “Case law indicates that it is good practice to keep a record of how equality in policy and decision making has been considered. This will be particularly important should your organisation be challenged, including in court.”
The guide – separated into six sections - includes questions and prompts for all staff to assess i) equality impact and ii) data protection impact, questions for commissioners and project managers, questions for procurement officers, questions to ask bidders, and questions and prompts for contract owners.
Lottie Winson