IT Pro is supported by its audience. When you purchase through links on our site, we may earn an affiliate commission. Learn more

UK gov urged to protect human right to review AI decisions

BCS, The Chartered Institute for IT, is calling on the government not to remove Article 22 ‘while AI is still in its infancy'

The UK government is being urged to protect the right for human review of decisions made fully by artificial intelligence (AI), including in job recruitment or loan eligibility.

A consultation launched by the Department for Digital, Culture, Media & Sport (DCMS) last month aims to update the UK’s version of the EU’s General Data Protection Regulation (GDPR). This could include the removal of Article 22, which focuses on the right to review fully automated decisions.

The consultation document states that “the current operation and efficacy of Article 22 is subject to uncertainty”, which is why it could be subject to change or removed entirely.

However, BCS, The Chartered Institute for IT is urging the government not to remove Article 22 ‘while AI is still in its infancy’.

Dr Sam De Silva, Chair of BCS’ Law Specialist Group and a partner at law firm CMS, said that there needs to be “clarity on the rights someone has in the scenario where there is fully automated decision making which could have a significant impact on that individual”.

These could include situations where personal data is being used to determine which candidate should receive the job offer, or who is eligible for a loan.

According to De Silva, it needs to be taken into account that the right to review fully automated decisions “is currently in a piece of legislation dealing with personal data”, which creates a loophole:

Related Resource

How to manage AI risk

Recommendations from the Cyber Resilience Think Tank

Two red robots fly on a yellow backgroundFree download

“If no personal data is involved the protection does not apply, but the decision could still have a life-changing impact on us,” he said.

De Silva posed an example of an algorithm being used to determine who qualifies to receive a vaccine: “The data you need to enter into the system is likely to be DOB, ethnicity, and other things, but not name or anything which could identify you as the person. Based on the input, the decision could be that you’re not eligible for a vaccine. But any protections in the GDPR would not apply as there is no personal data. So, if we think the protection is important enough it should not go into the GDPR. It begs the question - do we need to regulate AI generally – and not through the 'back door' via GDPR?” he asked.

“It‘s welcome that [the] government is consulting carefully before making any changes to people’s right to appeal decisions about them by algorithms and automated systems – but the technology is still in its infancy,” De Silva added.

BCS, the Chartered Institute for IT stated that it supports the consultation and will be gathering views from across its membership. The DCMS consultation is open until 19 November.

Featured Resources

Four strategies for building a hybrid workplace that works

All indications are that the future of work is hybrid, if it's not here already

Free webinar

The digital marketer’s guide to contextual insights and trends

How to use contextual intelligence to uncover new insights and inform strategies

Free Download

Ransomware and Microsoft 365 for business

What you need to know about reducing ransomware risk

Free Download

Building a modern strategy for analytics and machine learning success

Turning into business value

Free Download

Most Popular

Russian hackers declare war on 10 countries after failed Eurovision DDoS attack
hacking

Russian hackers declare war on 10 countries after failed Eurovision DDoS attack

16 May 2022
16 ways to speed up your laptop
Laptops

16 ways to speed up your laptop

13 May 2022
Google Russia files for bankruptcy, ends operations in the country
Business operations

Google Russia files for bankruptcy, ends operations in the country

19 May 2022