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22 January 2024
Issue: 8056 / Categories: Legal News , Profession , Technology , Artificial intelligence
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Consultation on AI & web-scraped data

A consultation on how data protection law should apply to generative artificial intelligence (AI) has been launched by the Information Commissioner’s Office (ICO)

Generative AI means AI that can create content such as text, audio and imagery. Typically, these AI models are trained on extensive datasets.

The ICO wants to hear lawyers’ views on: the appropriate lawful basis for training generative AI models; the purpose limitation principle (that personal data should only be used for specified purposes) in the context of generative AI; expectations around compliance with the accuracy principle (requirement to take reasonable steps to erase inaccurate data); and expectations on compliance with data subject rights.

In coming months, the ICO will set out its emerging thinking on these questions, and is inviting legal advisors and interested parties to share their views. The first chapter will cover the lawful basis for training AI models on web-scraped data, and is open until 1 March.

Respond online at smartsurvey.co.uk/s/GenAILawfulBasis or via email at generative.ai@ico.org.uk.

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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