April 2024
The American Privacy Rights Act (APRA) proposal, released by two bipartisan committee chairs, could lead to the first national data privacy framework in the US. It aims to solve the challenge caused by an absence of a national standard, and includes several consumer privacy provisions, restricts data collection and use, and creates a national registry of data brokers. The APRA does not specifically address AI, but its broad domain means it inadvertently covers AI systems that process personal data. Industry leaders have responded positively, but lawmakers are disappointed in the lack of protections for minors and may introduce complementary legislation. The bill has not yet been formally introduced, and Holistic AI can help maximise compliance with the new regulations.
Several US federal agencies, including the EEOC, Consumer Financial Protection Bureau, and the Federal Trade Commission, have issued a joint statement emphasizing their commitment to enforcing legal protections against discrimination and bias in automated systems and AI. The agencies also stress the applicability of existing laws to automated systems and encourage responsible innovation. The statement details how each agency has already enforced legal protections in relation to AI and automated systems, highlighting the importance of compliance with both existing laws and AI-specific laws. The statement warns of potential sources of unlawful discrimination from the use of automated systems, including training data, lack of transparency, and flawed assumptions about users and societal impact.
The White House Office of Management and Budget (OMB) has issued a policy on advancing governance, innovation, and risk management for agency use of artificial intelligence (AI). The policy directs federal agencies to promote AI innovation and governance while managing the risks associated with the technology, especially those impacting the safety and rights of the American public. This aligns with President Biden’s executive order on AI and creates a balance between responsibility and innovation while making federal agencies accountable for the development and risk management of AI. The policy outlines several AI governance, innovation, and risk management actions for federal agencies, including managing risks related to the procurement of AI, addressing risks from the use of AI, expanding transparency of AI use, advancing responsible AI innovation, and growing the AI workforce. Alongside the policy, measures such as increasing reporting on the 2024 Federal AI Use Case Inventory and issuing a Request for Information (RFI) on the responsible procurement of AI in government have been introduced to promote responsible AI use.
March 2024
The European Parliament has approved the EU AI Act, but it still needs approval from the Council of the European Union. The Act must undergo further scrutiny before becoming law and will be published in the Official Journal of the EU before becoming enforceable. The application of the Act's provisions will be phased, with some provisions likely to apply before the end of this year. Businesses should start preparing for the Act's enforcement.
President Biden has issued the Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern. The order addresses concerns related to cybersecurity, national security, and privacy from mounting threats that the US is facing as adversaries seek unauthorized access to vast stores of sensitive personal and governmental data. The order imposes prohibitions or limitations on transactions involving the processing and exploitation of sensitive data by foreign adversaries, affecting the development, monitoring, and deployment of AI systems that depend on processing bulk sensitive personal data and government-related data. Furthermore, the order tasks key officials with formulating recommendations to identify, evaluate, and neutralize national security threats resulting from past data transfers, including healthcare data and human 'omic data.