In this issue of In Perspective, Jackie Barlow, Data Protection Senior Consultant at Xcina Consulting, discusses the questions every business should be asking. This month we review the potential ban of TikTok in the US; we discuss what happened when the Department for Science & Innovation (DSIT) published guidance on the responsible use of AI in HR and Recruitment sectors, and we also review whether the UK will change direction on AI regulation.
We take a look at why this is important and the implications for both businesses and individuals.
Find out more below.
TikTok Faces a Ban in the US
What happened
- On 24 April 2024 President Biden signed a bill that could potentially ban TikTok in the US. It gives TikTok’s Chinese parent company ByteDance 9-12 months to sell the app or face a nationwide prohibition
- Failure of ByteDance to sell would lead to significant consequences. The app would be prohibited from US app stores and from internet hosting services that support it
- The White House wants the Chinese based ownership ended on national security grounds, but not a ban on TikTok per se
- They fear that the Chinese government could force ByteDance to hand over data on TikTok’s 170 million US users. TikTok has insisted that it would not provide foreign user data to the Chinese government
- TikTok intends to stay active through the autumn campaign, allowing election candidates to reach younger voters during the 2024 election season
- TikTok has promised a court battle over the new law
- ByteDance claims the legislation violates the US constitution on free speech protections among other grounds
Why it matters
- For the first time in history, Congress has enacted a law that subjects a single named speech platform to a permanent, nationwide ban
- 170 million Americans use the TikTok platform to communicate in ways that cannot be replicated elsewhere
- While TikTok faces legal challenges and potential bans, it remains operational for now
- Its fate will be determined by the divestment process and legal proceedings in the coming months
Further information
The BBC’s article can be found at;
US TikTok ban: When and why could the app be outlawed? – BBC News
DSIT publishes guidance on responsible use of AI in HR and Recruitment sectors
What happened
- The Department for Science, Innovation and Technology (DSIT) has published guidance on how AI can be used responsibly in the HR and Recruitment sectors
- The guidance is designed for a non-technical audience and assumes a minimal understanding of AI
- It sets out the key considerations when procuring AI responsibly for recruitment
- It provides assurance mechanisms for procurement of an AI system from a third party supplier to ensure practices align with the UK AI regulatory approach and principles
- The guidance considers the ethical risks associated with using AI in recruitment
- The guidance is non-binding in contrast to the EU’s approach (the EU classifies AI used in recruitment as high risk)
- DSIT has published a Responsible AI Toolkit* that supports organisations in using AI systems safely and responsibly
- The toolkit will be regularly updated to include new resources
Why it matters
- When used in recruitment, AI systems can perpetuate existing biases if not carefully designed and monitored
- It’s important that fairness, transparency and accountability are taken into account, to avoid discrimination
- AI recruitment tools handle sensitive (special category) data so data protection laws must be strictly adhered to and data must be processed ethically
- Transparency is key; so candidates must be told if an AI tool is being used
- Human oversight is crucial. Where AI is used to streamline a task, it must be used alongside human intuition
- Some AI tools might exclude applicants who lack proficiency or cannot access technology
- Some potential applicants might not have accessibility due to age, disability or socio-economic status
Further information
*The Responsible AI Toolkit can be found at Responsible AI Toolkit – GOV.UK (www.gov.uk)
Will the UK change direction on AI regulation?
What happened
- So far, the UK government does not intend to introduce specific AI legislation. This is in contrast to the EU, who is leading the way with its AI Act.
- However, there are now reports that draft legislation is being prepared, expected to focus on large language models (LLMs), rather than AI applications
- The government is considering making voluntary agreements to submit LLM algorithms to a safety assessment process, mandatory
- The UK might also consider changing copyright legislation to allow organisations and individuals to opt out of allowing LLMs to scrape their content
- Some bodies have been impatient to wait for government. For example the TUC has taken the unusual step of publishing its own AI Bill, drafted by multiple stakeholders. The TUC AI (Employment and Regulation) Bill covers regulating AI in an employment context
- Currently, the UK continues to look at AI in the way the government intends; sector by sector and regulator by regulator without a particularly joined up approach
Why it matters
- Why the change? The global view on AI has been shifting as safety concerns increase.
- The EU is leading the way and its AI Act has completed the legislative process. It will take 3 years to apply in full but some obligations apply after 6 months
- A UK general election is taking place on 4 July 2024. A change of government might lead to revised AI policy
- For now, regulators and the government continue to work on issues and opportunities around AI in their areas
Further information
The Information Commissioner’s Office has stated that AI is a priority area due to the potential high risk to individuals and their rights and freedoms. More information on the ICO’s work on AI can be found at;
Our work on Artificial Intelligence | ICO
Information on the TUC’s Artificial Intelligence (Regulation and Employment Rights) Bill can be found at Artificial Intelligence (AI) | TUC