UK Government to Develop 'Appropriate' Rules for Powerful AI Models and Enhance Product Safety Regulations

U.K. Government's AI Legislation: A Tentative Step Forward

Speculation had been rife that the newly appointed Labour government in the U.K. would introduce a dedicated artificial intelligence (AI) bill during the recent state opening of parliament. However, the King’s Speech revealed a more cautious approach, with a commitment to “seek to establish the appropriate legislation to impose requirements on those developing the most powerful AI models.”

Officials from Number 10 Downing Street and the Department for Innovation, Science, and Technology (DSIT) confirmed that a formal AI bill is not yet in the works. When approached for clarification on how the government plans to formulate “appropriate” regulations for advanced AI models, they offered little additional information.

Labour’s election manifesto promises to promote the safe development and application of AI by instituting binding regulations for the select few companies creating the most sophisticated AI models, along with a ban on the creation of sexually explicit deepfakes.

Currently, the U.K. finds itself trailing behind the European Union, which established a risk-based regulation framework for AI applications late last year. The framework has been officially ratified and published in the EU's Official Journal, marking the beginning of various compliance deadlines that developers will need to adhere to in the coming months and years. These requirements aim to mitigate systemic risks posed by the most advanced general-purpose AI models.

As the U.K. hesitates in drafting its own legislation, it appears to be taking notes from the EU AI Act to observe its implementation and effects.

Furthermore, Labour’s manifesto emphasizes the need for an industrial strategy that not only supports the AI sector’s growth but also removes barriers to establishing new data centers. The plan includes creating a National Data Library to consolidate existing research initiatives, enhancing data-driven public services while ensuring strong safeguards to maximize public benefits.

The legislative overview announced today reinforces the government’s commitment to leveraging data for economic growth, mirroring the previous Conservative administration's vision of using AI as a driver for wealth creation. The King’s Speech alluded to AI’s role in strengthening safety frameworks, possibly signaling the introduction of a Product Safety and Metrology bill designed to update U.K. product regulations in response to new technological risks, including those associated with AI.

The government states its goal with the upcoming product safety bill is to “support growth, provide regulatory stability, and enhance consumer protection” while responding to emerging risks linked to innovations like AI. The EU has advanced on this front and has been revising product liability regulations since late 2022 to address potential harms arising from software and AI.

In acknowledging the challenges posed by rapidly evolving technologies, Labour’s manifesto commits to creating a “new Regulatory Innovation Office” aimed at equipping regulators to keep pace with technological advancements.

Focus on Data Reforms and Cybersecurity

The U.K.’s legislative program includes several other initiatives centered around technology policy. One significant proposal is the Digital Information and Smart Data Bill, which seems to revive provisions from a previous post-Brexit data reform bill that was shelved when former PM Rishi Sunak called for a July 4 election.

Key features of this bill include allowing scientists and legitimate researchers to request “broad consent” for the use of individuals' data to advance research, as well as reforms to the Information Commissioner’s Office to modernize and strengthen data protection practices in the U.K.

The plan also aims to support the development of “digital verification services,” focusing on the creation and adoption of secure digital identity products for purposes such as moving homes, pre-employment checks, and purchasing age-restricted goods. Notably, these digital IDs will remain optional, aligning with similar EU initiatives to avoid the controversies associated with mandatory identification systems.

Additionally, the bill intends to promote "smart data schemes," enhancing the secure sharing of customer data through authorized third-party providers (ATPs), akin to the current Open Banking model. This legislative framework aims to expand the role of ATPs in delivering innovative services.

Assessing Labour’s approach compared to its predecessor’s post-Brexit data reform plans, Edward Machin, a senior lawyer at Ropes & Gray specializing in data, privacy, and cybersecurity, commented: “Labour appears to be selectively incorporating practical elements from the Data Protection and Digital Information Bill, particularly those supporting scientific research and secondary data uses. However, businesses hoping for a continuation of the previous government's approach to reducing compliance documentation may be disappointed — the specifics will ultimately determine the outcome.”

In addition to data reforms, the legislative agenda outlines a Cyber Security and Resilience Bill dedicated to enhancing protections for public services against the rising incidence of cyberattacks. This legislation aims to reinforce defenses, expand the existing regulatory framework, and increase reporting requirements to develop a clearer understanding of cyber threats.

The government asserts that this new cybersecurity framework will mandate enhanced incident reporting, contributing to more comprehensive data on cyberattacks.

In Summary: As the U.K. contemplates its AI policy and works toward better data regulations and cybersecurity measures, the path ahead remains cautiously optimistic yet uncertain, with eyes keenly set on European developments.

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