AI Legislative Guide |
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United Kingdom |
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(Europe)
Firm
Burness Paull LLP
Contributors
Callum Sinclair |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | No specific legislation on AI has been implemented in the UK. The UK Government has established a framework for sector-specific regulation of AI through existing UK regulators. However, The Information Commissioner’s Office has issued guidance on AI and Data Protection and the Medicines and Healthcare Products Regulatory Agency has issued guidance on Software and Artificial Intelligence as a Medical Device. The Scottish Government has made it mandatory to register any use of AI in the Scottish public sector in the Scottish AI Register (which is currently voluntary) - mandatory registration will begin with Scottish Government departments as part of a phased approach across the wider public sector. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | The UK Government framework sets out a pro-innovation approach to AI regulation. This framework sets out five principles for existing UK regulators to interpret and apply within their remit - Safety, Security & Robustness, Appropriate Transparency and Explainability, Fairness, Accountability and Governance, Contestability and Redress. UK regulators will implement the framework by applying existing laws and issuing additional regulatory guidance for the use of AI within their sectors. The UK Government has issued the “Initial Guidance for Regulators on Implementing the UK’s Regulatory AI Principles” as voluntary guidance to help them with this task. The UK regulators published their strategic approach to AI regulation in their sectors on 30 April 2024. |
| Which agency regulates the use of AI in your jurisdiction? | The UK Government has established a new central function in the Department of Science, Innovation and Technology to monitor and assess AI risks across the whole economy and support UK regulator coordination and clarity. The following UK regulators regulate the use of AI within their respective remits:
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AI Legislative Guide
No specific legislation on AI has been implemented in the UK. The UK Government has established a framework for sector-specific regulation of AI through existing UK regulators. However, The Information Commissioner’s Office has issued guidance on AI and Data Protection and the Medicines and Healthcare Products Regulatory Agency has issued guidance on Software and Artificial Intelligence as a Medical Device.
The Scottish Government has made it mandatory to register any use of AI in the Scottish public sector in the Scottish AI Register (which is currently voluntary) - mandatory registration will begin with Scottish Government departments as part of a phased approach across the wider public sector.
The UK Government framework sets out a pro-innovation approach to AI regulation. This framework sets out five principles for existing UK regulators to interpret and apply within their remit - Safety, Security & Robustness, Appropriate Transparency and Explainability, Fairness, Accountability and Governance, Contestability and Redress. UK regulators will implement the framework by applying existing laws and issuing additional regulatory guidance for the use of AI within their sectors. The UK Government has issued the “Initial Guidance for Regulators on Implementing the UK’s Regulatory AI Principles” as voluntary guidance to help them with this task. The UK regulators published their strategic approach to AI regulation in their sectors on 30 April 2024.
The UK Government has established a new central function in the Department of Science, Innovation and Technology to monitor and assess AI risks across the whole economy and support UK regulator coordination and clarity.
The following UK regulators regulate the use of AI within their respective remits:
- The Financial Conduct Authority
- The Bank of England
- The Information Commissioner’s Office
- The Office of Communications
- The Medicines and Healthcare Products Regulatory Agency
- The Office for Nuclear Regulation
- The Health and Safety Executive
- The Office for Standards in Education
- The Children’s Services and Skills
- The Office of Qualifications and Examinations Regulations
- The Legal Services Board
- The Office of Gas and Electricity Markets
- The Competition and Markets Authority
- The Equality and Human Rights Commission.