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Artificial Intelligence (Regulation and Employment Rights) Bill

Report type
Research and reports
Issue date
AI Bill: Part 10 - Regulators and bodies in the employment field and artificial intelligence
  1. Regulatory obligations concerning artificial intelligence

  1. A regulator within Schedule 3 shall apply the principles set out in this section in any context concerning employment and the deployment of artificial intelligence systems.
  2. The principles are that regulation should promote -
    1. safety, security and robustness,
    2. appropriate transparency and explainability,
    3. fairness,
    4. equality, diversity, equality of opportunity, and compliance with the Equality Act 2010,
    5. accountability and governance, and
    6. contestability and redress.
  3. For the purposes of this section a regulator within Schedule 3 may request and see information produced pursuant to sections 14 and 16 in accordance with Schedule 4.
  4. “equality”, “diversity” and “equality of opportunity” having the same meaning as in the Equality Act 2006.
  1. Statutory guidance on artificial intelligence and the principle of non- discrimination

    1. In accordance with this section, Equality and Humans Rights Commission shall publish guidance for employers (their agents and employees), every two years from commencement of this section.
    2. The guidance shall set out the steps that should be taken to avoid a breach of the principle of non-discrimination in consequence of high-risk decision-making including in relation to the defence under section 136(3B) Equality Act 2010.
    3. Equality and Humans Rights Commission must consult with the regulators and bodies listed in subsection (4) and any other bodies or regulators that he considers to be relevant before publishing the statutory guidance referred to in subsection (1).
    4. The regulators and bodies within the meaning of subsection (3) are:
      1. The Advisory Conciliation and Arbitration Service (ACAS),
      2. The Information Commissioner’s Office,
      3. Trade Union Congress,
      4. The Department of Science, Innovation and Technology,
      5. The Chartered Institute of Personnel and Development,
      6. The Confederation of British Industry, and
      7. The British Computer Society.
    5. Not less than every two years from the commencement of this Act, the Secretary of State shall consult with appropriate organisations of employers and of employees and workers in order to assess whether amendment is required to the regulators and bodies listed in subsection (3).
  1. Data awareness and education

    1. ACAS must prepare a code of practice for employers, employees, workers and jobseekers which —
      1. explains how artificial intelligence is used within the employment field, and
      2. explains the rights and entitlements contained in this Act and an explanation as to how they can be used to ensure transparency and accountability.
    2. Where a code under this section is in force, ACAS may prepare amendments of the code or a replacement code.
    3. Before preparing a code or amendments under this section, the ACAS must consult the Secretary of State and such of the following as ACAS considers appropriate—
      1. trade associations,
      2. trade unions,
      3. workers,
      4. Equality and Humans Rights Commission, and
      5. persons who appear to ACAS to represent the interests of workers.
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