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AI mfocused update for equality guidance

20/09/24

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Image source: iStock-Minet Zahirovic

The Equality and Human Rights Commission (EHRC) has issued new guidance to help the public sector adopt artificial intelligence (AI) without risking equality

The latest guidance aims to help public bodies understand the impact of policy decisions that include the implementation and usage of AI, and the considerations for people with protected characteristics.

“AI can perpetuate bias and discrimination when it’s implemented poorly,” said EHRC chief executive John Kirkpatrick in a statement.

“It is essential that public bodies carefully consider both the positive and the negative impacts the introduction of AI could have on service users with protected characteristics. This will help prevent unlawful discrimination and ensure real benefits are delivered for communities across Britain.”

Duty against discrimination

Public sector organisations have a duty to ensure that their policies do not discriminate, and they must also promote equality. This duty covers the full range of the public sector, including education, government departments, healthcare, local authorities, inspectorates, ombudsmen and the uniformed services.

Within the guidance is a revised Public Sector Equality Duty and Data Protection guidance. This includes insights into how data and AI can be used as a proxy for characteristics protected under the Equality Act 2010 and advice on how the processing of this data has to comply with data protection law and the Public Sector Equality Duty.

In addition there are case studies for local authorities to use when commissioning AI and public body guidance on how to assess the equality impact of their policies. The commission said this latest round of guidance complements already published guidance for the public sector in Scotland and Wales.

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