ICO launches consultation on data protection law and artificial intelligence

The Information Commissioner's Office (ICO) has launched a consultation series on generative Artificial Intelligence (AI), examining how aspects of data protection law should apply to the development and use of the technology.

Generative AI models are being used across the economy to create new content, from music to computer code, and the legal sector is experimenting with the technology as well.

Many solicitors and law firms are using and investing in generative AI tools as part of their practice, with the aims of improving service provision, reducing costs and meeting new client demands, according to guidance on generative AI published by The Law Society.

The ICO's consultation examines when it is lawful to train generative AI models on personal data scraped from the web.

Stephen Almond, Executive Director for Regulatory Risk, said: "The impact of generative AI can be transformative for society if it's developed and deployed responsibly.

"This call for views will help the ICO provide industry with certainty regarding its obligations and safeguard people's information rights."

The ICO is seeking views from a range of stakeholders, including public bodies with an interest in generative AI, developers and users of generative AI, legal advisors and consultants working in this area, and civil society groups.

The consultation is open until 1 March 2024.

The ICO plans for additional consultations in the future to examine issues such as the accuracy of generative AI outputs and will be launched throughout the first half of 2024.

Adam Carey