While the focus of attention in the world of AI has been the EU AI Act: EU AI Act Agreed – Discerning Data in recent weeks, there have also been some other noteworthy legislative developments. On 22 November 2023, the Artificial Intelligence (Regulation) Bill (the “Bill”) was introduced to the UK Parliament and passed the first reading in the House of Lords. The Bill seeks to establish a central AI authority (“AI Authority”) to oversee the UK’s regulatory approach to AI. The proposal for an AI Authority comes after the UK Government formally announced a UK AI Safety Institute at the global AI Safety Summit at Bletchley Park (summarised here).
Whilst the Bill largely reflects the approach of the UK Government, this is a Private Members’ Bill (“PMB”). PMBs are legislative proposals introduced into one of the UK Houses of Parliament by ‘backbench’ members (members who are not Government Ministers). Most PMBs fail to pass unless the UK Government steps in to support their progress through the legislative process.
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Late on Friday (December 8th), the European Union Commission, Parliament and Council concluded its “trilogue” negotiations for the EU Artificial Intelligence Act. The summary below is based on the information available to date. It will be some time before the definitive text is finalized and released since it will have to go through various committee stages and its legal language finalized in multiple languages.
Prohibited AI Applications
The following applications of AI will be prohibited:
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On 1 and 2 November 2023, world leaders, politicians, computer scientists and tech executives attended the global AI Safety Summit at Bletchley Park in the UK. Key political attendees included US Vice President Kamala Harris, European Commission President Ursula von der Leyen, UN Secretary-General António Guterres, and UK Prime Minister Rishi Sunak. Industry leaders also attended, including Elon Musk, Google DeepMind CEO Demis Hassabis, OpenAI CEO Sam Altman, Amazon Web Services CEO Adam Selipsky, and Microsoft president Brad Smith.
Day 1: The Bletchley Declaration
On the first day of the summit, 28 countries and the EU signed the Bletchley Declaration (“Declaration”). The Declaration establishes an internationally shared understanding of the risks and opportunities of AI and the need for sustainable technological development to protect human rights and to foster public trust and confidence in AI systems. In addition to the EU, signatories include the UK, the US and, significantly, China. Nevertheless, there are notable absences, most obviously, Russia.
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On 10 July 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (the DPF). With immediate effect, the adequacy decision provides a new lawful basis for transfers from the EU to the U.S. This means that companies that participate in the DPF are able to transfer data from the EU to the U.S. without relying on another data transfer mechanism, such as Standard Contractual Clauses (SCCs) or binding corporate rules (BCRs).
Background to the Adequacy Decision
Pursuant to Article 45(3) of the GDPR, the European Commission has the power, by means of an adequacy decision, to decide that a non-EU country has sufficient standards of data protection to be treated as equivalent to those afforded in the EU.
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Yesterday, the Irish Data Protection Commission (DPC) issued Meta Platforms Ireland Limited with a EUR 1.2 billion (approximately 1.3 billion U.S. dollar) fine for breaches of the GDPR with respect to EU-U.S. personal data transfers associated with its Facebook service. Meta Ireland has also been ordered to suspend all Facebook-related personal data transfers from the EU to the U.S., and to bring the processing of any previously transferred data into compliance.
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On 29 March 2023, the UK Government published its latest proposals on regulating Artificial Intelligence (“AI”). The White Paper follows on from an initial policy paper published in July 2022 (the “2022 Policy Paper”), which we discussed in detail in our previous blog post. The proposals set out in the White Paper have been informed by the feedback received as part of the UK Government’s consultation on the 2022 Policy Paper.
A central theme is that the regulatory framework in the UK must not stifle innovation, but rather harness AI’s ability to drive growth and prosperity, and increase public trust in its use and application.
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