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On September 23, 2022, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the UK Department for Digital, Culture, Media & Sport (“DCMS”) on its Consultation on establishing a pro-innovation approach to regulating AI (the “Response”).

In the Response, CIPL highlights several issues for DCMS consideration to augment its proposal and ensure a future-proof, robust and realistic approach to regulating the AI ecosystem. In particular, CIPL recommends that DCMS:

  • Consider the challenges associated with (1) the current approach to regulating automated decision-making; (2) restrictions on the use of sensitive personal data, which can impede efforts to prevent bias in algorithms; and (3) the applicability of the controller and processor concepts to AI actors.
  • Implement a context-driven and risk-based approach to regulating AI that focuses on an assessment of both the risks and benefits of AI applications.
  • Include a specific overarching principle on accountability in the set of cross-sectoral principles proposed by DCMS.
  • Strengthen cooperation and coordination among regulators through regulatory hubs and cooperation forums (such as the UK Digital Regulation Cooperation Forum).
  • Promote the creation of modern and agile regulatory oversight tools, such as regulatory sandboxes, policy prototyping projects and data review boards.
  • Engage in a multi-stakeholder process for building the proposed regime and for the creation of any subsequent guidance and sectoral applications of the regime. 
  • Engage in bilateral discussions on AI with nations considering AI regulation, and share knowledge and experience as the UK builds its own regime to ensure interoperability and promote the responsible development of AI in a global market.

To read more about these recommendations in more detail, please see the full Response.