BILETA's Response to ICO’s Generative AI First Call for Evidence: The Lawful Basis for Web Scraping to Train Generative AI Models

5 Pages Posted: 1 May 2024

See all articles by Guido Noto La Diega

Guido Noto La Diega

University of Stirling; University of Connecticut

Edina Harbinja

Aston University

Katherine Nolan

Ulster University - School of Law

Date Written: February 20, 2024

Abstract

This is a response to the UK Information Commissioner's Office's "Generative AI First Call for Evidence: The Lawful Basis for Web Scraping to Train Generative AI Models". It was submitted on behalf of BILETA (the British and Irish Law, Education and Technology Association). BILETA was formed in April 1986 to promote, develop, and communicate high-quality research and knowledge on technology law and policy to organisations, governments, professionals, students and the public.

In general, BILETA considers the UK data protection authority (ICO)'s analysis of the issues around lawful bases for processing in Generative AI (GenAI) models to be good. Indeed, the ICO endeavours to start from an understanding of how the technology works and evaluate the relevant data protection issues in a data protection fashion.
However, there are three overarching problems, notably:

(1) different types of models will rise different issues;
(2) the other lawful bases need to be considered before concluding that legitimate interest is the
only way forward;
(3) the analysis currently ignores the Data Protection and Digital Information (DPDI) Bill, which will significantly rewrite the rules more closely related to GenAI, including legitimate interest.

Keywords: GenAI, GenAI regulation, GenAI law, GenAI data protection, data protection, GDPR, lawful basis, legitimate interest

JEL Classification: K13, K42

Suggested Citation

Noto La Diega, Guido and Harbinja, Edina and Nolan, Katherine, BILETA's Response to ICO’s Generative AI First Call for Evidence: The Lawful Basis for Web Scraping to Train Generative AI Models (February 20, 2024). Available at SSRN: https://ssrn.com/abstract=4814018 or http://dx.doi.org/10.2139/ssrn.4814018

Guido Noto La Diega (Contact Author)

University of Stirling ( email )

Pathfoot Building
Stirling Law School
STIRLING, Stirling FK9 4LA
United Kingdom

HOME PAGE: http://www.guidonotoladiega.com

University of Connecticut ( email )

Storrs, CT 06269-1063
United States

Edina Harbinja

Aston University ( email )

United Kingdom

Katherine Nolan

Ulster University - School of Law ( email )

Newtownabbey
United Kingdom

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