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The ICO on generative AI and data protection – a series of consultations

In 2024 the UK data protection regulator, the ICO, ran a series of consultations on how data protection law should apply to generative artificial intelligence. We review what the regulator asked.

UK GDPR: 7 data protection principles and ICO penalties – graphic
Graphic: THE BUSINESS TIME. Source: ICO, UK GDPR art. 5 i 83

Blog · Partner: POLISH YELLOW PAGES® · since 1991

A post from the POLISH YELLOW PAGES® blog (formerly DATABOT.PL), originally published on 14.05.2024. Some information may have changed since then.

ICO consultation series on generative AI and data protection

Consultation start date: 15 January 2024 Type: ICO consultation, Open

These consultations close on 10 June 2024;

We are launching a series of consultations on how aspects of data protection law should apply to the development and use of generative AI models.

Generative AI refers to AI models that can create new content, e.g. text, computer code, audio, music, images and video. These models are typically trained on extensive datasets, which allows them to exhibit a broad range of general-purpose capabilities.

Generative AI can have a transformative impact on people and businesses if organisations develop and deploy it responsibly, earning the trust of the people whose data it is built on. We are moving quickly to address any risks and enable organisations and the public to reap the benefits of generative AI.

New technology, new questions

Our engagement with innovators has highlighted several areas where organisations would welcome greater clarity on how data protection law applies to the development and use of generative AI.

Because generative AI is developed and deployed in ways that differ from simpler AI models used for classification or prediction, it raises new questions.

These include:

  • what is the appropriate lawful basis for training generative AI models?
  • How does the purpose limitation principle play out in the context of generative AI development and deployment?
  • what are the expectations around complying with the accuracy principle?
  • what are the expectations in terms of complying with data subject rights?

Our consultation series

Over the coming months we will publish a series of chapters setting out our emerging thinking on how we interpret specific requirements of UK GDPR and Part 2 of the DPA 2018 in relation to these questions.

We invite all stakeholders with an interest in generative AI to respond and help shape our position. This includes developers and users of generative AI, legal advisers and consultants working in this area, civil society groups and other public bodies with an interest in generative AI.

We will use the feedback we receive to update our guidance on AI and other products.

Chapter one: The lawful basis for web scraping to train generative AI models

Our first chapter covers the lawful basis for training generative AI models on web-scraped data and is open until 1 March 2024 . You can share your thoughts on the chapter with us online or by email at [email protected] 

Chapter three: Accuracy of training data and model outputs

Przemysław Bentkowski – author of the text, at the time of publication a contributor to DATABOT.PL (now POLISH YELLOW PAGES®). Edited by THE BUSINESS TIME Editorial Team.

About the partner: POLISH YELLOW PAGES® – a brand operating since 1991 (formerly DATABOT.PL). B2B company data in Poland, the United Kingdom and Europe. More: www.databot.pl

What do you think?

Does your business use AI tools with customer data? Tell us in the comments below the post.

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