The UK’s path forward with AI regulation

In the wake of the new EU AI Act, attention turns to the United Kingdom’s response to artificial intelligence. With a thriving ecosystem of over 3,000 companies in the AI field (as highlighted in a Government report), the UK is seeking to establish a comprehensive regulatory framework.

Blueprint for the Regulatory Framework

The UK has been laying the groundwork for AI regulation through years of standard-setting, inquiries, and consultations. In 2023, a white paper was released proposing a regulatory framework that supports innovation within the AI sector. That white paper set the stage for a subsequent consultation, culminating in the Government’s feedback and preliminary voluntary guidelines for regulators in February 2024. These guidelines mark the first step in a three-phase plan to implement the proposed framework.

Clarifying AI

With no universally accepted definition of AI, the UK Government proposes defining “AI“ or “AI systems“ as those that exhibit ‘adaptability’ and ‘autonomy’.

• Adaptability: AI’s ability to adapt makes it challenging to articulate the system’s logic or the outcomes it produces. AI systems learn from data, either once or continuously, identifying patterns and connections that might not be immediately clear to humans.
• Autonomy: This learning process can lead to AI systems developing new inference capabilities beyond what their human programmers initially envisioned.

Principals for Regulation

The regulatory framework is intended to be guided by various principles:

• Establish written policies, procedures and governance structures for AI development and use.
• Ensure safety, security, and resilience
• Provide appropriate transparency and understanding
• Uphold fairness
• Establish accountability and governance
• Facilitate contestability and avenues for redress

Broader Regulatory Landscape

The Government’s AI framework will not operate in isolation. It exists within broader regulatory systems, such as:

• The Information Commissioner’s Office for data protection
• The Employment Agency Standards Inspectorate and other employment regulators
• The Competition and Markets Authority
• The Intellectual Property Office
• The Advertising Standards Authority

For any questions about AI and its use in your business, please contact one of our AI and technology law experts.

This article is part two in a series on AI.