On 15 January 2024, the UK Information Commissioner’s Office (“ICO”)[1] launched a series of public consultations on the applicability of data protection laws to the development and use of generative artificial intelligence (“GenAI”). The ICO is seeking comments from “all stakeholders with an interest in GenAI”, including developers, users, legal advisors and consultants.[2]

On 15 March 2023, the UK ICO published an update to its Guidance on AI and Data Protection (the “Guidance”), following requests from the UK industry to clarify requirements for fairness in artificial intelligence (“AI”).  The Guidance contains advice on the interpretation of relevant data protection law as it applies to AI, and recommendations on good practice for organisational and technical measures to mitigate risks caused by AI.