The opening assertion from the ICO’s new AI guidance states that “the innovation, alternatives and potential worth to society of AI is not going to want emphasising to anybody studying this steerage” – I presume the identical might be stated of this weblog.
Nevertheless, it has lengthy been recognised that it may be tough to steadiness the tensions that exist between a few of the key traits of AI and information safety (significantly GDPR) compliance.
Reasonably encouragingly Elizabeth Denham’s foreword to the steerage confirms that “the underlying information safety questions for even essentially the most advanced AI venture are a lot the identical as with all new venture. Is information getting used pretty, lawfully and transparently? Do individuals perceive how their information is getting used and is it being stored safe?”
That stated, there’s a recognition that AI presents specific challenges when answering these questions, and that some elements of the legislation (for instance information minimisation and transparency) require “better thought”. (Notice: The ICO’s ‘ideas’ in regards to the latter might be present in its latest Explainability guidance).
The steerage comprises suggestions on good follow for organisational and technical measures to mitigate AI dangers. It doesn’t present moral or design rules – quite it corresponds to the information safety rules:
- Half 1 focusses on the AI-specific implications of accountability, together with information safety affect evaluation and controller/processor duties;
- Half 2 covers lawfulness, equity and transparency in AI methods, which incorporates tips on how to mitigate potential discrimination to make sure honest processing;
- Half 3 covers safety and information minimisation – analyzing the brand new dangers and challenges raised by AI in these areas; and
- Half 4 cowl compliance with particular person rights, together with rights regarding solely automated selections and the way to make sure significant human enter or (for solely automated selections) evaluation?
It varieties a part of the ICO’s wider AI Auditing framework (which additionally consists of auditing instruments and procedures for the ICO to make use of) and its headline takeaway is to think about information safety at an early stage. Mitigation of threat should come on the design stage as retro-fitting compliance not often results in ‘comfy compliance or sensible merchandise.’
The ICO has been working laborious over the previous couple of years to extend its information and auditing capabilities round AI, and to provide sensible steerage that helps organisations when adopting and creating AI options. This dates again to its unique Big Data, AI and Machine Learning report (revealed in 2014, up to date in 2017 and nonetheless related immediately – this newest steerage is expressly said to enhance it and the brand new Explainability steerage). In creating this newest steerage, the ICO has additionally revealed a collection of casual session blogs, and a formal consultation draft. Nevertheless, recognising that AI is in its early levels and is creating quickly, this newest publication continues to be described as ‘foundational steerage’. The ICO acknowledges that it might want to proceed to supply new instruments to advertise privateness by design in AI (a toolkit to supply additional sensible assist to organisations auditing the compliance of their very own AI methods is, apparently, ‘forthcoming’) and to proceed to replace this steerage to make sure it retains related.
“The event and use of AI inside our society is rising and evolving, and it appears like we’re on the early levels of an extended journey. We’ll proceed to concentrate on AI developments and their implications for privateness, constructing on this foundational steerage… ” Elizabeth Denham (Data Commissioner)
