The government has set out its proposals for implementing a proportionate, future-proof and pro-innovation framework for regulating AI. The white paper, A Pro-Innovation Approach to AI Regulation, identifies AI as one of five critical technologies and notes that regulation plays an important role in creating an environment for AI to flourish.
Regulators, such as the Health and Safety Executive, Equality and Human Rights Commission (EHRC) and the Employment Agency Standards Inspectorate (EASI), will be expected to interpret and apply five new “values-focused cross-sectoral principles” to address any AI risks which fall within their remits in accordance with existing laws and regulations.
The five principles are:
- Safety, security and robustness
- Appropriate transparency and explainability
- Fairness
- Accountability and governance
- Contestability and redress
The guidance would make things clearer for businesses and employers by:
- Clarifying the type of information businesses should provide when implementing AI systems
- Identifying appropriate supply chain management processes such as due diligence or AI impact assessments
- Suggesting proportionate measures for bias detection, mitigation and monitoring
- Providing suggestions for the provision of contestability and redress routes
Although the UK may not currently be legislating specifically in relation to AI, employers need to remember that there are already existing laws which will be relevant here. For example, if an employee or prospective employee believes that they have been discriminated against by an employer’s use of AI software, then that might give rise to a claim under the Equality Act 2010.
Employers also need to be mindful of not breaching the implied contractual duty of mutual trust and confidence that exists between employer and employee and which may be called into question in certain instances where AI is used intrusively.
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