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Privacy and Data Protection

Artificial Intelligence

 

In today’s digital landscape, Artificial Intelligence (AI) is increasingly becoming an integral part of businesses across the UK. From streamlining operations to recruitment to performance management, AI applications are diverse as businesses strive to deliver better outcomes and efficiencies. However, with such rapid development and deployment of these new technologies come new legal complexities and risks, particularly relating to employment and data protection laws.

Many businesses are now looking for AI solutions. In doing so, they will need to consider the risks associated with this and take swift action to safeguard themselves, their employees, and the security of their customers’ data.

What is AI?

Artificial Intelligence is the simulation of human intelligence processes by machines, predominantly computer systems. This includes machine-learning algorithms, also known as generative AI, which takes an input and generates an output based on predictive modelling far quicker than a human could. In business, AI is utilised to automate tasks, analyse data, and make informed decisions with minimal human intervention. We are seeing a rise in the use of generative AI for drafting and creative works, predictive programmes in recruitment and forecasting, and automated document review systems for drafting.

Navigating Legal Risks

The future is certainly exciting, and the possibilities seem limitless for those willing to adapt and learn to work with these new technologies.  However, AI legal issues can arise when you use AI in a way that leads to your business breaking laws and potentially facing fines and litigation.

Key areas where AI legal issues can arise:

  • Employment law – risks of discrimination and bias from algorithmic hiring processes and performance management.
  • Data and security leakage – sensitive information, including personal data, may become part of an AI’s data model with the possibility that others may be able to access it, raising compliance issues with data protection laws, including the General Data Protection Regulation (GDPR).
  • Intellectual Property – risk of inadvertently infringing upon the intellectual property rights of content creators
  • Liability for damages – if AI produces inaccurate, negligent, or biased outcomes causing harm, your business may be liable for significant financial damages and reputational harm.
  • Insurance – businesses must secure suitable insurance to address liability claims. Traditional commercial general liability policies may be inadequate.

AI legal issues cannot, therefore, be ignored. It is important to seek advice on best practices, potential weaknesses, and how to reduce risks to your business.

How Our Solicitors Can Help

Our team of experienced solicitors specialise in providing comprehensive legal advice tailored to businesses’ unique challenges in utilising AI systems in the workplace.

Whether you’re seeking guidance on navigating employment law implications, mitigating risks associated with data protection compliance, or addressing concerns related to AI governance, we’re here to assist you.

We are also here to assist individuals who feel they have been discriminated against due to AI use or who have concerns about the use of their personal data.

Our Services Include:

  1. AI Employment Law Consultation: We offer expert advice on navigating the legal implications of AI deployment in the workplace, including drafting bespoke policies for your business needs, ensuring compliance with employment legislation, and safeguarding the rights of employees.
  2. Data Protection Compliance: Our solicitors provide tailored solutions to help businesses align their AI initiatives with data protection laws, mitigating risks of non-compliance and protecting individuals’ privacy rights.
  3. AI Governance: We assist businesses in developing robust frameworks for AI governance, promoting transparency, fairness, and accountability in AI-driven decision-making processes. We will highlight risks related to discrimination and privacy to ensure that both businesses and individuals are protected and treated fairly.
  4. Dispute Resolution: In the event of legal disputes arising from AI-related issues, our team provides strategic representation and advocacy to safeguard your interests and achieve favourable outcomes. This includes support in employment discrimination claims, unfair dismissal claims, and civil courts, including in relation to copyright and intellectual property protections.

Contact Us Today

If you are looking for advice concerning the use of AI in your business or guidance relating to a specific legal issue concerning AI, please get in touch with our AI team, who will be happy to assist you.

“Very professional, knowledgeable and accessible lawyers.” 

Chambers and Partners

Key contacts

Louise Keenan

Associate

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+44 118 960 4614

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