Enhance protections for data in the era of artificial intelligence laws is necessary
In the rapidly evolving world of technology, AI and automated decision-making (ADM) are increasingly becoming integral to various sectors of the UK economy. However, the use of these advanced systems comes with its own set of challenges and concerns, particularly in terms of data protection and fairness.
Recent developments in the UK's data protection framework provide a glimpse into this changing landscape. The Data Protection and Digital Information Bill, currently before the House of Lords, proposes reforms that some argue weaken existing protections.
One of the key changes introduced by the Bill is the relaxation of restrictions on ADM. The UK's Data Use and Access Act 2025 (DUAA) introduces a new lawful basis called "recognized legitimate interest," which allows certain data processing activities, including automated decision-making, without the need for a balancing test between business interests and individuals' rights. This streamlines data use in cases like direct marketing, internal admin transfers, crime prevention, and emergencies.
However, it's important to note that the DUAA maintains stricter protections for special category data in ADM contexts, which still require explicit consent or similarly narrow legal bases under UK GDPR.
These changes, if enacted, would dramatically increase the contexts in which automated decision-making can be used. However, they also raise concerns about fairness and transparency. Systematic bias, technical failings, or lack of training can result in unfair outcomes when important decisions are delegated to automated systems.
Independent research from AWO has identified that the lack of detailed personalized explanation is crucial for someone affected by an automated decision to understand whether a mistake has been made and meaningfully pursue redress. At present, people affected by automated decisions don't have the right to receive such information.
The Bill also removes the prohibition on most types of automated decision-making. This shift in responsibility from organizations deploying automated systems to prove that their use is lawful to those people affected by automated decisions, who would need to establish that safeguards were not respected, is a contentious issue.
The use of AI systems can lead to life-altering decisions about employment, finances, and exam results. The UK GDPR, a data protection law, provides protections against harms from AI technologies, including a requirement for human involvement in significant decisions that have legal or similarly significant effects. However, the Bill's reforms could potentially erode these protections.
Independent legal analysis commissioned by Ada found that these changes are likely to erode the incentives that currently exist for organizations to properly assess and manage systems being used for automated decisions. More than half of respondents in a UK survey expressed a desire for clear procedures to appeal AI decisions and clear explanations of how AI works.
We're calling on the Government and Parliamentarians from all parties to work with us on making improvements to the Bill to strengthen data protection for the AI era. The Bill provides an opportunity to provide people with greater transparency about when automated decision-making is being used, and the right to opt out of this. This is a crucial step towards ensuring fairness and accountability in the use of AI and automated decision-making systems.
In the wake of high-profile cases such as the Post Office scandal, involving flawed accounting software Horizon, it's clear that the integration of complex technological systems into the economy comes with significant risks. As we move forward, it's essential that we strike a balance between harnessing the benefits of AI and ensuring that its use is safe, fair, and transparent.
- Data-and-cloud-computing advancements, like the UK's Data Use and Access Act 2025, are transforming the landscape of technology and education-and-self-development, as they are impacting various aspects of personal-growth, such as employment and finances.
- In the context of the growing reliance on technology and data-and-cloud-computing, it's crucial to emphasize the necessity of fairness, transparency, and accountability in the implementation of AI and automated decision-making (ADM) systems, particularly in terms of providing personalized explanations and clear procedures for appealing AI decisions.
