ELA ​response to ICO consultation on draft AI auditing framework guidance

Wednesday, March 4, 2020

On 19 February 2020, the Information Commissioner's Office (ICO) launched its consultation on its draft Guidance on the AI auditing framework. The consultation is open until 1 April 2020. The link to it is here: https://ico.org.uk/about-the-ico/ico-and-stakeholder-consultations/ico-consultation-on-the-draft-ai-auditing-framework-guidance-for-organisations/

The guidance is aimed at both those developing artificial intelligence (AI) systems and those whose organisations use AI systems.

The guidance stretches to over 100 pages and includes sections on undertaking data protection impact assessments, controller/processor relationships in AI, addressing the risks of bias and discrimination, individual rights, and security. It contains advice on how to understand data protection law in relation to AI and recommendations for organisational and technical measures to mitigate the risks AI poses to individuals. It also provides a methodology to audit AI applications and ensure they process personal data fairly.

ELA is forming a working party to responds to the elements of the consultation which touch on employment law, such as bias and discrimination.  James Davies (Lewis Silkin) and David Widdowson (Abbiss Cadres) will co-chair the ELA working party and invite members with an interest in this area, including junior members, to apply to join.

Work will be undertaken in March and as the deadline is tight, we invite members to apply by Friday 6 March.

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How ELA working parties work

A typical working party will organise its work by sharing out the consultation questions amongst the working party members. In this way, the work can be shared out evenly, and members can volunteer to take on as much or as little as they feel able to at the time. Each working party member will then draft a response to the question(s) they have agreed to take on, within the agreed timetable. The submission deadlines are often quite tight, so it is vital that everyone keeps to the timetable. The chair(s) of the working party (who are almost always drawn from the L&P Committee) will then pull the individual submissions together and edit them for consistency, ensuring that our submissions are politically neutral and address the concerns of both employees and employers.

Working party guidelines 

The legal content in this article is believed to be correct and true on this date.