¿Deben o deberían las empresas dar indicaciones a sus empleados sobre si pueden, o no, usar herramientas de inteligencia artificial (IA) al realizar sus funciones? Sí, en España están obligadas por ley a hacerlo y además es siempre recomendable. La utilización de IA sin un trabajo previo de identificación y minimización de los riesgos (legales, organizativos y de seguridad) es una amenaza claramente detectada en el sector privado desde hace años. Resulta ilustrativo constatar como…
In its white paper published last month, the UK Government set out its principles-based, adaptive approach to regulating AI. The UK approach stands in stark contrast to the more static and prescriptive approach of the EU AI Act. Instead of assigning responsibility for AI governance to a new single regulator, the UK Government is empowering existing regulators to come up with tailored approaches for specific sectors. The aim is to ensure that the UK remains a flexible…
In Brief Recent developments in AI technologies have led to the increased use of AI to create a range of works, such as art, music, stories, and even lines of software code, in response to human inputs. This has resulted in an uptick of copyright applications filed with the U.S. Copyright Office (the “Office”) seeking registrations for works with varying degrees of contributions from generative AI tools. This calls into question whether, and to what…
In Brief Global regulations to govern the development and use of artificial intelligence (“AI”) are being reviewed and implemented in rapid pace. While the U.S. does not have a comprehensive regulatory framework for AI, there are initiatives underway at the federal and state level, including the framework recently released by the National Institute of Standards and Technology (“NIST”), the AI Risk Management Framework (“RMF”). Background AI technology has a wide range of benefits, including increased…
The Federal Trade Commission (“FTC”) issued a warning on Monday about artificial intelligence (“AI”), telling businesses to “keep [their] AI claims in check” and reminding all industries that the Commission will be monitoring baseless or exaggerated marketing around AI. In the post published on the FTC’s website, an attorney for the FTC Division of Advertising Practices reminded businesses that “false or unsubstantiated claims about a product’s efficacy” is the FTC’s “bread and butter.” The FTC’s…
This case was one of Ryan Abbott’s attempts (on behalf of Dr Stephen Thaler) to persuade patent offices across the world to recognise the AI tool “DABUS”, as the inventor in certain patent applications. Case J8/20 related to two European patent applications (EP3564144 and EP3563896) which failed to designate a natural legal person as the inventor, instead specifying the AI system DABUS as the inventor. The AI tool was identified as the inventor by Thaler on the…
Brian Hengesbaugh and Julia Wilson, a leading employment and privacy partner in our London office, join for this episode of Connect on Tech to discuss privacy in the work place and key issues employers are facing. In this podcast, Brian and Julia take a deep dive into four key areas employers must carefully navigate in the data and privacy realm – i) the processing of testing and vaccination data, ii) employee monitoring in various guises from clever…
On 18 December 2020, the UK House of Lords Liaison Committee on AI published a new report, AI in the UK: No Room for Complacency. The report considers the UK government’s progress against the recommendations made by the Select Committee on AI in their 2018 report, AI in the UK: ready, willing and able? The report contains a series of new recommendations covering public understanding of AI, use of data, ethics, public trust and regulation, jobs and…
New guidelines have been published on clinical trials for AI health solutions. The SPIRIT-AI extension relates to clinical trials protocols, and the CONSORT-AI extension is a new reporting guideline for clinical trial reports. These new guidelines are aimed at addressing some of the chronic issues which often underlie trial standards for AI, including the use of retrospective datasets, poor standards of reporting and lack of transparency. We’ve described these issues below: 1. Retrospective reports do…
The ICO, together with The Alan Turing Institute, recently published its finalised guidance on explaining decisions made with AI, following a public consultation which closed in January this year. Who should read this? The guidance is relevant for any organisation using, or thinking of using, AI to support or make decisions about individuals (including if you are procuring an AI system from a third party).It will be of particular use for DPOs, and legal…