Tag Archives: Marianna Drake

From Washington to Brussels: A Comparative Look at the Biden Administration’s Executive Order and the EU’s AI Act

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Photos of the authors.

Top left to right: Marianna Drake, Marty Hansen, and Lisa Peets. Bottom left to right: Will Capstick, Jayne Ponder, and Yaron Dori. (Photos courtesy of Covington & Burling LLP)

On October 30, 2023, days ahead of government leaders convening in the UK for an international AI Safety Summit, the White House issued an Executive Order (“EO”) outlining an expansive strategy to support the development and deployment of safe and secure AI technologies (for further details on the EO, see our blog here). As readers will be aware, the European Commission released its proposed Regulation Laying Down Harmonized Rules on Artificial Intelligence (the EU “AI Act”) in 2021 (see our blog here). EU lawmakers are currently negotiating changes to the Commission text, with hopes of finalizing the text by the end of this year, although many of its obligations would only begin to apply to regulated entities in 2026 or later.

The EO and the AI Act stand as two important developments shaping the future of global AI governance and regulation. This blog post discusses key similarities and differences between the two.

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UK ICO Updates Guidance on Artificial Intelligence and Data Protection

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Photos of the authors

From left to right: Marianna Drake, Marty Hansen, Lisa Peets, and Mark Young (photos courtesy of Covington & Burling LLP)

On 29 March 2023, the UK Information Commissioner’s Office (“ICO”) published updated Guidance on AI and data protection (the “Guidance”) following “requests from UK industry to clarify requirements for fairness in AI”. AI has been a strategic priority for the ICO for several years. In 2020, the ICO published its first set of guidance on AI (as discussed in our blog post here) which it complemented with supplementary recommendations on Explaining Decisions Made with AI and an AI and Data Protection risk toolkit in 2022. The updated Guidance forms part of the UK’s wider efforts to adopt a “pro-innovation” approach to AI regulation which will require existing regulators to take responsibility for promoting and overseeing responsible AI within their sectors (for further information on the UK Government’s approach to AI regulation, see our blog post here).

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