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On
March
15,
2023,
the
UK
Information
Commissioner’s
Office
(“ICO”)
published
an
updated
version
of
its
guidance
on
AI
and
data
protection
(the
“updated
guidance”),
following
requests
from
UK
industry
to
clarify
requirements
for
fairness
in
AI.
The
key
updates
are
summarized
as
follows:
-
The
updated
guidance
has
been
restructured
using
the
data
protection
principles
as
the
core
of
the
structure.
According
to
the
ICO,
this
structure
“makes
editorial
and
operational
sense”
and
will
make
updating
the
guidance
in
the
future
more
efficient. -
A
new
section
has
been
inserted
detailing
what
an
organization
should
assess
when
conducting
a
data
protection
impact
assessment
(“DPIA”)
on
AI.
For
example,
the
DPIA
should
include
evidence
of
consideration
of
“less
risky
alternatives”
to
achieve
the
same
purpose
and
why
those
alternatives
were
not
chosen. -
A
new
chapter
has
been
added
containing
a
high-level
description
of
the
transparency
principle
as
it
applies
to
AI.
For
example,
the
updated
guidance
confirms
that,
when
personal
data
is
collected
directly
from
a
data
subject,
the
data
subject
should
be
provided
notice
if
that
personal
data
is
to
be
used
to
the
train
the
AI
model.
This
chapter
is
supplementary
to
the
ICO’s
existing
guidance
on
explaining
decisions
made
with
AI . -
A
new
chapter
has
been
added
regarding
ensuring
lawfulness
in
AI.
The
new
content
in
this
chapter
relates
to
AI
and
inferences,
affinity
groups
and
special
category
data.
For
example,
the
updated
guidance
notes
that
it
may
be
possible,
using
AI,
to
infer
or
guess
details
about
a
person,
which
may
constitute
special
category
data.
According
to
the
updated
guidance,
an
inference
is
likely
to
be
special
category
data
if
an
organization
can
(or
intends
to)
infer
relevant
information
about
an
individual,
or
intends
to
treat
someone
differently
on
the
basis
of
the
inference
(even
if
it’s
not
with
a
reasonable
degree
of
certainty). -
A
new
chapter
has
been
added
regarding
ensuring
fairness
in
AI.
The
new
content
in
this
chapter
includes
information
on,
e.g.,
the
data
protection
approach
to
fairness;
how
fairness
applies
to
AI
and
a
non-exhaustive
list
of
legal
provisions
to
consider;
the
difference
between
fairness,
algorithmic
fairness,
bias
and
discrimination;
and
processing
personal
data
for
bias
mitigation. -
A
new
annex
has
been
added
related
to
fairness
in
the
AI
lifecycle.
The
annex
details
data
protection
fairness
considerations
across
the
AI
lifecycle,
from
problem
formulation
to
decommissioning.
It
also
sets
outs
why
fundamental
aspects
of
building
AI
may
have
an
impact
on
fairness,
identifies
the
different
sources
of
bias
that
can
lead
to
unfairness
and
lists
possible
mitigation
measures.
According
to
the
ICO,
the
updated
guidance
“supports
the
UK
government’s
vision
of
a
pro-innovation
approach
to
AI
regulation
and
more
specifically
its
intention
to
embed
considerations
of
fairness
into
AI.”
The
ICO
also
noted
that
the
guidance
will
require
further
updates
in
the
future
to
keep
up
with
the
“fast
pace
of
technological
developments”
and
confirmed
it
will
be
supporting
the
implementation
of
the
UK
government’s
forthcoming
White
Paper
on
AI
Regulation.
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