We have collated here the most important developments in 2020. This page was last updated on 2 December 2020. To receive our blogs directly into your inbox sign up here.
The AI Law Consultancy’s Twitter feed is @AILawHub
“AI Barometer” (18 June 2020)
“Snapshot Paper – Facial Recognition Technology” (28 May 2020)
“Review into bias in algorithmic decision-making” (November 2020).
The ICO published new guidance entitled, “Explaining decisions made with AI” in May 2020.
Council of Europe
Our blog on these reports is available here.
Inception Impact Assessment which sets out various proposals for regulation to be implemented in the first quarter of 2021.
Podcast featuring Robert Spano
Robert Spano, who recently commenced his tenure as President of the European Court of Human Right, discusses AI, automated decision making and regulation in this podcast.
A national AI strategy was published in May 2020 – “National Strategy for Artificial Intelligence” and is available here.
Matthew Ryder QC and Edward Craven from Matrix, along with Ravi Naik solicitor and legal director AWO, a new data rights agency, and Gayatri Sarathy of Blackstone chambers, were instructed by Open Society Foundation to provide a legal opinion on smartphone contact tracing and other data driven proposals that are part of the Government’s response to the Covid-19 pandemic.
“Doctors are using AI to triage covid-19 patients. The tools may be here to stay”, MIT, 23 April 2020.
“We need mass surveillance to fight covid-19 – but it doesn’t have to be creepy”, MIT, 12 April 2020.
“We mapped how the coronavirus is driving new surveillance programmes around the world”, OneZero, 9 April 2020.
“Automated decision-making systems and the fight against Covid-19”, Algorithm Watch, 2 April 2020.
Facial Recognition Technology
Scottish Parliament, “Facial recognition: how policing in Scotland makes use of this technology” (February 2020).
The All-Party Parliamentary Group on Artificial Intelligence (AIPPG) was established in January 2017 with the aim of exploring the impact and implications of AI. It has published many reports including a July 2020 document entitled, “Face and Emotion Recognition: How can regulation protect citizens and their privacy?” which touches upon the use of biometric data in recruitment.
Inventory of ethical standards
At the end of April 2020, Algorithm Watch produced an incredibly detailed AI Ethics Guidelines Global Inventory.
AI auditing tools and papers
Ada Lovelace Institute, “Examining the Black Box: Tools for Assessing Algorithmic Systems” (April 2020).
Institute for the Future of Work, “Artificial Intelligence in hiring: Assessing impacts on Equality” (April 2020).
PWC, “Responsible AI Tool Kit” (April 2020).
ICO, “ICO consultation on the draft AI auditing framework guidance for organisations” (February 2020).
“The explanation game: a formal framework for interpretable machine learning”, David S. Watson & Luciano Floridi (April 2020).
“How to Design AI for Social Good: Seven Essential Factors”, Luciano Floridi, Josh Cowls, Thomas C. King & Mariarosaria Taddeo (April 2020).
“Strengthening legal protection against discrimination by algorithms and artificial intelligence”, Frederik J. Zuiderveen Borgesius (March 2020).
“Why Fairness Cannot Be Automated: Bridging the Gap Between EU Non-Discrimination Law and AI”, Sandra Wachter, Brent Mittelstadt & Chris Russell (March 2020).
AI in the workplace
TUC report “Technology managing people: The worker experience” (November 2020).
ACAS, “My boss the algorithm: an ethical look at algorithms in the workplace” (March 2020).
Our blog on Facial Recognition Technology in the workplace is also available here.
AI in the public sector
RUSI, “Data Analytics and Algorithms in Policing in England and Wales: Towards A New Policy Framework”, Alexander Babuta and Marion Oswald (February 2020).
The Committee on Standards in Public Life, “Artificial Intelligence and Public Standards A Review by the Committee on Standards in Public Life” (February 2020)
Institute for the Future of Work (IFOW)
“Machine learning case studies”, February 2020.
“An Accountability for Algorithms Act”, November 2020.
Facebook (June 2020): German Federal Court reinstates case concerning the anti-competitive nature of Facebook’s use of personal data. Our English translation of the German language press release from the court follows –
The lack of choice for Facebook users not only affects their personal autonomy but also the protection of their right to informational self-determination, which is also protected by the GDPR. Against the background of high hurdles to change that exist for the users of the network (“lock-in effects”), it also represents an exploitation of the users that is relevant under antitrust law, because the competition is no longer effective due to Facebook’s dominant position . According to the findings of the Federal Cartel Office, significant parts of private Facebook users want a lower level of disclosure of personal information. If the competition in the social network market works, a corresponding offer would be expected. This could be used by users for whom the scope of the data disclosure would be an essential decision criterion.
Parcoursup (April 2020): France’s Constitutional Council (Le Conseil Constitutionnel) handed down its long-awaited decision concerning the lawfulness of a national algorithmic platform that assists educational establishments to select students and assign them to undergraduate courses in an equitable way.
Sandvig v Barr (March 2020): US case rules that research aimed at uncovering whether online algorithms result in discrimination do not violate the Computer Fraud and Abuse Act.
SyRI (February 2020): The Court of the Hague that the Government’s use of SyRI breached the right to respect for private and family life, home and correspondence in Article 8 of the European Convention on Human Rights.