On 1 September 2022, the Equality and Human Rights Commission (EHRC) made tackling discrimination in artificial intelligence (AI) a major strand of its new three-year strategy. In doing so, it released new guidance on the use of AI in public services. This was with the hope of reducing negative equality and human rights impacts where public organisations use AI.
For whom is the guidance?
The guidance is for anyone working or acting for a public body in England, Scotland or Wales who is:
- using, procuring, commissioning, developing or adapting AI for their workplace or as part of a service they are delivering on behalf of a public body;
- responsible for making decisions on whether and how to introduce AI;
- responsible for using AI or providing oversight or scrutiny of any service using AI; or
- responsible for training staff who are using AI.
Although the guidance is focussed on public services, it is easy to see how many recommendations could be applicable in a private sector employment context.
What is AI and how is it used?
AI is a term that refers to a wide range of technologies used across the public and private sectors. AI is the science and practice of using computers to support decision-making, or the delivery of services and information. The computers sift large volumes of data, and learn to answer questions or deal with problems. An example of how AI is being used in the public sector is providing a tool to establish the risk of an individual committing fraud.
The possibilities with AI are vast, and AI and new digital technologies are transforming how public services are delivered. A key challenge is the complexity of AI. With the use of AI, there are risks requiring on-going consideration. One significant risk is that of discrimination. There is emerging evidence that bias built into algorithms can lead to less favourable treatment of people with protected characteristics such as race and sex. Significantly, the nature of this risk means that public bodies may unwittingly breach the law (such as the Public Sector Equality Duty, the Data Protection Act 2018 and the Human Rights Act 1998).
What is the EHRC guidance?
The EHRC guidance focuses on the aforementioned risk of discrimination in AI. The report advises organisations to:
- consider how the public sector equality duty applies to automated processes;
- be transparent about how the technology is used; and
- keep systems under constant review.
Additionally, from October, the Commission will work with a group of 30 local authorities and public bodies to understand how they are using AI. The EHRC is also exploring how to use its powers to examine the use of facial recognition technology. These monitoring projects will last several months and will report initial findings early next year. The hope is that this will further encourage public bodies to take action to address the negative impacts of AI.
Comment
It is vital that organisations using AI technology understand potential biases and address them. The EHRC guidance may assist in that regard. Whilst AI may increase productivity, reduce staff costs and target services more efficiently, the risks cannot be ignored. If organisations do not take steps to guard against these risks, they may face reputational damage and legal action – for which, ignorance is not an excuse.
If you have any questions or would like some advice on using AI in a safe way, please contact our PRM team who would be happy to help.
