Regulators urged to act now on ‘generative AI harms’

chatGPT2_newThe largest consumer group in Europe, the European Consumer Organisation (BEUC), whose UK members include Which? and Citizen’s Advice, has urged data protection regulators to “launch investigations now” into generative AI and “not wait idly for all kinds of consumer harm to have happened before they take action”.

The BEUC, which also represents consumer organisations in 13 countries across the EU, issued the call to action following the publication of a new report into AI by Norwegian group Forbrukerrådet.

The report – “Ghost in the Machine: Addressing the consumer harms of generative AI” – makes a strong case for tougher regulation amid claims the technology poses numerous problems.

It reveals how “certain AI developers including Big Tech companies” have closed off systems from external scrutiny making it difficult to see how data is collected or algorithms work.

The Forbrukerrådet report also maintains the use of generative AI creates a number of challenges related to privacy, manipulation, personal integrity, fraud and disinformation.

It is calling for the development and use of generative artificial intelligence to be safe, reliable and fair. Unfortunately, Forbrukerrådet claims, history has shown us that we cannot trust the technology giants to sort this out themselves, and that there is a need for regulation to ensure that our rights are safeguarded.

The report comes as Facebook-owner Meta says it has created the most powerful AI voice generator but will not release it for fear of ‘misuse’ by the public.

BEUC deputy director general Ursula Pachl said: “Generative AI such as ChatGPT has opened up all kinds of possibilities for consumers, but there are serious concerns about how these systems might deceive, manipulate and harm people.

“They can also be used to spread disinformation, perpetuate existing biases which amplify discrimination, or be used for fraud.

“We call on safety, data and consumer protection authorities to start investigations now and not wait idly for all kinds of consumer harm to have happened before they take action. These laws apply to all products and services, be they AI-powered or not and authorities must enforce them.”

In March, UK ministers set out a new whitepaper on AI regulation, with the aim of driving responsible innovation and maintaining public trust in the technology. But they ruled out establishing a new central regulator for the technology, instead preferring to split responsibility among existing bodies.

The Government claims the “light touch” set out in the AI Regulation White Paper “will help create the right environment for artificial intelligence to flourish safely in the UK”.

The UK Information Commissioner’s Office meanwhile says it plans check whether businesses who have adopted generative AI have taken the relevant steps to address privacy risks, and maintains it will be “taking action” if there is a risk of harm. Quite how this will manifest itself remains to be seen.

Brussels, however, is set to take a much firmer stance, with the technology to be regulated by the AI Act, the world’s first comprehensive AI law. The European Commission wants this to be passed by the end of the year; but this will be challenging to say the least.

BEUC’s Pachl added: “It is crucial that the EU makes this law as watertight as possible to protect consumers. All AI systems, including generative AI, need public scrutiny, and public authorities must reassert control over them. Lawmakers must require that the output from any generative AI system is safe, fair and transparent for consumers.”

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