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Artificial intelligence: what role for data protection?

Data is often described as AI's "lifeblood" but there's widespread concern about personal data being unlawfully exploited or processed using AI tools. While the future approach to regulation of AI is still being heavily debated, existing data protection legislation, such as the GDPR and its UK equivalent, is likely to play an influential role – not least because regulators already have powers which they can use to oversee the new technology.

The shifting sands of AI regulation

Even the CEOs of the big AI firms, like Sam Altman of OpenAI (the developers of ChatGPT), say that AI needs regulating, but there is very little consensus about how to go about regulating it. Governments across the globe are grappling with how to balance promoting innovation and economic growth with protecting citizens' privacy, safety and other human rights.

Meta hit with record €1.2 billion fine for data transfers to the US

Ireland's Data Protection Commission (DPC) has published its decision following its inquiry into Meta Platforms Ireland's transfer of personal data from the EU/EEA to the US for Meta's Facebook service. The corrective steps it has ordered and €1.2 billion fine, the largest ever issued under GDPR, are a substantial, albeit expected, blow for Meta.

Landmark High Court Decision on Supply Chains and Human Rights

The British Government has defended a claim brought by the World Uyghur Congress ("WUC") and the Global Legal Action Network ("GLUN") (together, the "Claimants") over the alleged failure to tackle imports of Uyghur forced-labour cotton into the UK. Findings from the case create important milestones that have the potential to impact international trade and the use and import of forced labour goods across a wide variety of sectors.

The EU's Digital Services Act reaches its first milestone (as the UK's Online Safety Bill weaves towards the finish)

The EU and the UK are each determined to regulate online content and protect users from online harms. The EU got there first. Its Digital Services Act, which will impact all online intermediaries operating in the EU at varying levels, is already in force.

Strengthening cybersecurity laws: changes to the EU's and the UK's NIS regimes

Improving cybersecurity for essential services and infrastructure is high on the agenda for the UK's and the EU's legislators, in response to the ever-evolving threat landscape. The UK's and the EU's respective network and information systems or NIS regimes, while both to be strengthened (including by bringing managed service providers into scope), look to be diverging. 

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