6 Privacy

Privacy is at the heart of ethical and legal concerns surrounding AI. It is one of the most serious concerns, and while privacy considerations are separate from data and data transfers, they are connected.

The UK GDPR protects individuals from unfair automated decision-making and guarantees rights such as the ability to object or request human intervention. This is particularly critical in applications like legal support, recruitment, and credit scoring, and in other contexts where automated decision-making may be used.

Moreover, the Human Rights Act 1998 guarantees a right to privacy, and protection for a private life under Article 8. However, AI systems can pose direct threats to such rights, especially those that perform surveillance, profiling, or predictive analysis and do so without individuals’ knowledge. In such situations, the lack of knowledge may violate this right. Professionals using AI, particularly in law or healthcare, must adopt strong safeguards such as anonymisation, Data Protection Impact Assessments, and robust vendor contracts to ensure compliance.

Solicitors, for instance, must align their AI practices with Solicitors Regulatory Authority obligations, maintaining client confidentiality and transparency. The ethical use of AI must preserve trust and protect sensitive data through technical and organisational measures.

Organisations should be particularly mindful of the need for strict contractual controls with third-party AI vendors. Where organisations are working within regulated professions, clear guidance should be followed to avoid regulatory breaches (Solicitors Regulation Authority, 2023).