Hawktalk

The Prime Minister and the Chancellor of the Exchequer have gone "all in" with Artificial Intelligence (AI) in the expectation that it generates economic growth.  It has told the main UK Regulators, including the ICO, to ease-off on general enforcement if such enforcement creates a serious risk to that growth. To ensure Regulators fall obediently in line, the chair of UK's competition Regulator was removed by the government in late January, to be replaced by someone more “amenable” to the

This blog is the promised second instalment that deals with the powers in the Data (Use and Access) Bill (DUAB  “Bill”).  These powers give Ministers the ability to sweep aside key elements of the UK_GDPR that protects data subjects from function creep in the public sector. In evidence in support the above statement, this blog explains details of: the two powers that give Ministers the ability to specify any voluntary data sharing with any public body as lawful and not incompatible

This blog considers how the Data (Use and Access) Bill (the “Bill”) impacts on the lawful bases used in the context of voluntary data sharing with public bodies. In summary, the Bill creates an infrastructure of Ministerial powers that ensures voluntary data sharing to the public sector has a lawful basis;  that such data sharing is not incompatible with the purpose of obtaining, and that such data sharing is, in practice, exempt from the right to object. These powers have

There is a current debate as to whether “legitimate interests” can be reliably used as a lawful basis by a controller when using personal data to train/test AI algorithms/systems and when AI systems are deployed. This blog explains how the common law of confidence and two recent CJEU decisions work together to challenge this assumption. The first half of the blog explains why “legitimate interests” can work as a lawful basis for AI training/testing in some instances.  In the second

The blog concerns the content of the new  Data (Use and Access) Bill (DUAB) as published last week; it bears a strong relationship with the previous Data Protection and Digital Information (DPDI) Bills.  In fact, DUAB could easily have been named the DPDI (No 3) Bill. The Bill itself is 138 Clauses, 16 Schedules and 251 pages; many of the provisions of DPDI re-appear in DUAB but with different Clause numbers. The Bill is a complex read as its data