Latest Developments on AI in the EU: the Saga Continues
EU AI Act
Up until recently, political agreement on the final text of the EU Artificial Intelligence Regulation (AI Act) was expected on 6 December 2023. However, latest developments indicated roadblocks in the negotiations due to three key discussion points – please see our previous blog post here. EU officials are reported to be meeting twice this week to discuss a compromise mandate on EU governments’ position on the text, in preparation of the political meeting on 6 December. (more…)
Agreement Reached on the EU’s Data Act
On 27 November 2023, the Council adopted the final text of the Data Act which facilitates (and in certain cases, mandates) the access to (personal and non-personal) data. The Data Act was originally proposed by the European Commission in 2022. Alongside the EU Data Governance Act (which came into force in June 2022) the Data Act forms part of the EU’s Data Strategy which aims to “make the EU a leader in a data-driven society”. (more…)
Preparing for the EU AI Act
Join Sidley and OneTrust DataGuidance for a webinar on the EU AI Act. This discussion with industry panellists will cover initial reactions to the (anticipated) political agreement on the EU AI Act following key negotiations by the European legislative bodies on December 6, 2023.
USA: An Overview of State Data Privacy Laws Part Two – Scope and Enforcement
The U.S. state data privacy landscape is fast evolving into a patchwork of broad state privacy laws that govern for-profit and non-profit entities that meet certain threshold criteria and the personal information of residents in each of those states. In Part 2 of the OneTrust DataGuidance Insight articles on state data privacy laws, Sidley lawyer Sheri Porath Rockwell compares the scope and enforcement provisions of the comprehensive data privacy laws that have been enacted in 13 states to date. While individual state data privacy laws share common features of transparency, data subject rights, opt-outs for sales and targeted advertising, and no private right of action, there are significant differences among them, including with respect to the types of entities and data that are in scope and enforcement approaches.
Insights from the IAPP Europe Data Protection Congress: Regulatory Convergence on AI and Sidley’s Women in Privacy Networking Lunch
The International Association of Privacy Professionals (IAPP) held its annual Europe Data Protection Congress in Brussels on November 15 & 16, 2023. Whilst the Congress covered a wide range of topics related to privacy, cybersecurity and the regulation of data more broadly, unsurprisingly a recurring theme throughout was the responsible development, commercialization and use of AI. In this regard panelists explored (amongst other things) what practical and effective AI governance may look like, the role of a Digital Ethics Officer, how to strike a balance between enabling innovation and safeguarding individual rights, and how AI may be used to automate data breach detection and response.
EU Moving Closer to an AI Act?
On 24 October 2023, the European Parliament and Member States concluded a fourth round of trilogue discussions on the draft Artificial Intelligence Regulation (AI Act). Policymakers agreed on provisions to classify high-risk AI systems and also developed general guidance for the use of “enhanced” foundation models. However, the negotiations did not lead to substantial progress on provisions for prohibitions in relation to the use of AI by law enforcement. The next round of trilogue discussions will take place on 6 December 2023.
UK Information Commissioner’s Office Publishes Toolkit for Data Sharing with Law Enforcement
The Information Commissioner’s Office (“ICO”) has introduced a toolkit on data sharing with law enforcement (“Toolkit”) which supplements the ICO’s existing guidance on sharing personal data with law enforcement authorities. The Toolkit is intended to function as a tool for smaller organisations to make an informed decision about whether to share personal data with law enforcement. Larger organisations with expertise in data protection are encouraged to refer to the ICO’s data sharing code of practice but in any event, the Toolkit is intended to help provide clarity for all organisations in making decisions relating to this type of sharing.
Schumer Framework May Forge U.S. Model on AI Governance
*This article first appeared on Law360 on September 5, 2023.
This summer, Senate Majority Leader Chuck Schumer proposed a distinctive new framework to develop a comprehensive artificial intelligence regulatory policy that is intended to be adamantly bipartisan and committed, as a first principle, to preserving innovation and intellectual property rights.
Oregon Enacts Comprehensive Consumer Data Privacy Law
On July 18, 2023, Oregon joined the growing league of states that have passed a comprehensive data privacy framework. Signed into law by Gov. Tina Kotek, the Oregon Consumer Privacy Act (the Act), or SB 619, is the product of a multi-year effort by the state Consumer Privacy Task Force formed by Oregon Attorney General Ellen F. Rosenblum, comprising 150 consumer privacy experts from various industries. The Act will take effect on July 1, 2024, except for some provisions that will not take effect until January 1, 2026.
UK ICO Scrutinizes Use of Generative AI
Following the EU’s increased focus on generative AI with the inclusion of foundation and generative AI in the latest text of the EU AI Act (see our post here), the UK now also follows suit, with the UK’s Information Commissioner’s Office (“ICO”) communicating on 15 June 2023 its intention to “review key businesses’ use of generative AI.” The ICO warned businesses not to be “blind to AI risks” especially in a “rush to see opportunity” with generative AI. Generative AI is capable of generating content e.g., complex text, images, audio or video, etc. and is viewed as involving more risk than other AI models because of its ability to be used across different sectors (e.g., law enforcement, immigration, employment, insurance and health), and so have a greater impact across society – including in relation to vulnerable groups.
