With this it will be convenient to discuss the following:
Schedule 6.
New clause 1—Requirements of public sector organisations on use of algorithmic or automated decision-making systems—
“(1) No later than the commencement of use of a relevant algorithmic or automated decision-making system, a public authority must—
(a) give notice on a public register that the decision rendered will be undertaken in whole, or in part, by an algorithmic or automated decision-making system,
(b) make arrangements for the provision of a meaningful and personalised explanation to affected individuals of how and why a decision affecting them was made, including meaningful information about the decision-making processes, and an assessment of the potential consequences of such processing for the data subject, as prescribed in regulations to be made by the Secretary of State,
(c) develop processes to—
(i) monitor the outcomes of the algorithmic or automated decision-making system to safeguard against unintentional outcomes and to verify compliance with this Act and other relevant legislation, and
(ii) validate that the data collected for, and used by, the system is relevant, accurate, up-to-date, and in accordance with the Data Protection Act 2018, and
(d) make arrangements to conduct regular audits and evaluations of algorithmic and automated decision-making systems, including the potential risks of those systems and steps to mitigate such risks, as prescribed in regulations to be made by the Secretary of State.
(2) ‘Algorithmic decision system’ or ‘automated decision system’ mean any technology that either assists or replaces the judgement of human decision-makers.
(3) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause would require the public sector to provide increased transparency to service users in informing when automated decision making had been used. It would also require them to develop processes to monitor the outcomes from utilising automated decision-making.
New clause 4—Register of algorithmic tools used in public sector decision-making—
“(1) The Secretary of State must establish and maintain, or arrange for the establishment and maintenance of, a public register of all automated or semi-automated systems used by public authorities to make, or materially influence, decisions affecting the rights, entitlements or legitimate expectations of individuals.
(2) A public authority that uses or intends to use an automated or semi-automated decision-making tool must notify the Secretary of State of—
(a) the name or brief description of the tool,
(b) the decision or class of decisions in which it is used,
(c) the nature and source of the data used by the tool, and
(d) details of any meaningful human review required by law or policy.
(3) The information set out in subsection (2) must be submitted to the register prior to the deployment of any automated or semi-automatic decision-making tool by a public authority.
(4) The Secretary of State must, within six months of the passage of this Act, publish guidance on compliance with this section, following consultation with the Information Commission.”
This new clause would create a publicly accessible register for AI and algorithmic tools in the public sector.
New clause 7—Information regarding high-risk AI decisions—
“(1) Where a decision based wholly or partly on automated processing, including AI or machine learning, has a legal or similarly significant effect on a data subject, that data subject has the right to request the following information from a data controller—
(a) an explanation of the reasons and criteria used by the automated processing to reach the decision,
(b) a description of the principal factors or features that most significantly influenced the outcome, and
(c) information about process for appeal, or request human review of, that decision.
(2) In this section, ‘legal or similarly significant effect’ includes decisions affecting an individual’s access to credit, employment, insurance, healthcare, social security, or other key public or private sector services.
(3) The Secretary of State must by regulations define the criteria and thresholds for ‘high-risk AI decisions’ to which this section applies, following consultation with the Information Commission, technical experts, civil society bodies, and such other persons as the Secretary of State considers appropriate.
(4) Regulations under subsection (3) are subject to the affirmative resolution procedure.”
This new clause would give individuals a right to obtain from data controllers an explanation of the key factors determining an AI outcome and provide a mechanism to appeal or request a human review of “high-impact” automated decisions.
New clause 24—Register of algorithmic tools used in public sector decision-making—
“(1) The Secretary of State must establish and maintain, or arrange for the establishment and maintenance of, a public register of all automated or semi-automated systems used by public authorities to make, or materially influence, decisions affecting the rights, entitlements or legitimate expectations of individuals.
(2) A public authority that uses or intends to use an automated or semi-automated decision-making tool must notify the Secretary of State of—
(a) the name or brief description of the tool;
(b) the decision or class of decisions in which it is used;
(c) the nature and source of the data used by the tool; and
(d) details of any meaningful human review required by law or policy.
(3) A public authority must not deploy an automated or semi-automated decision-making tool unless the information specified in subsection (2) has been submitted to the register.
(4) The Secretary of State must publish guidance on compliance with this section, following consultation with the Information Commission.”
This new clause would create a publicly accessible register for AI and algorithmic tools in the public sector.
New clause 26—Provision of explanations for high-risk AI decisions—
“(1) Where a decision based wholly or partly on automated processing, including AI or machine learning, has a legal or similarly significant effect on a data subject, that data subject has the right to obtain from a data controller, on request—
(a) a concise, explanation of the reasons and criteria used by the automated processing to reach the decision;
(b) a description of the principal factors or features that most significantly influenced the outcome; and
(c) meaningful information about how to appeal, or request human review of, that decision.
(2) In this section, ‘legal or similarly significant effect’ includes (but is not limited to) decisions affecting an individual’s access to credit, employment, insurance, healthcare, social security, or other key public or private sector services.
(3) The Secretary of State must by regulations define the criteria and thresholds for ‘high-risk AI decisions’ to which this section applies, following consultation with the Information Commission, technical experts, civil society bodies, and such other persons as the Secretary of State considers appropriate.
(4) Regulations under subsection (3) are subject to the affirmative resolution procedure.”
This new clause would give individuals a right to obtain from data controllers an explanation of the key factors determining an AI outcome and provide a mechanism to appeal or request a human review of high-impact automated decisions.