How does the UK white paper on AI compare with the EU approach? 19 April 23 Elisar Bashir

The UK’s Department for Science, Innovation & Technology (DSIT) published its long-awaited white paper on artificial intelligence (AI) on 29 March 2023, which details the government’s “plans for implementing a pro-innovation approach to AI regulation”.

It is open for public consultation until 21 June 2023 together with the AI regulation impact assessment.

Similarly to the draft EU Artificial Intelligence Act (AIA), the UK white paper notes that the envisaged regulatory measures would focus on “the use of AI rather than the technology itself”.

However, instead of a horizontal legislative proposal underpinned by a risk-based approach like the draft EU AIA, the white paper put forward a non-legislative principles-based framework, underpinned by five cross-sectoral principles (e.g. fairness, explainability, security), which will be issued by the government on a non-statutory basis. That said, following a period (not specified) of non-statutory implementation, the government would anticipate introducing a statutory duty on regulators requiring them to have due regard to the principles.

Existing UK regulators would be expected to interpret and apply the principles proportionately to address the risks posed by AI within their remits, in accordance with existing UK laws and regulations.

The government would have new central functions to support regulators, including through guidelines. It would monitor and evaluate the overall regulatory framework’s effectiveness and implementation.

AI sandboxes would be an important instrument for the development of AI products and services, similarly to the EU AI Act.

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