Equality and Human Rights Commission (EHRC)
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New guidance on AI and equality available to public sector bodies

The Equality and Human Rights Commission (EHRC) has published new guidance to help the public sector embed equality considerations in their policies, including decisions to commission and/or use artificial intelligence (AI) technologies.

Every public sector organisation has a duty to ensure that its policies do not lead to unlawful discrimination and promote equality of opportunity and good relations. Local authorities, government departments, education and healthcare providers, uniformed services, regulators, inspectorates and ombudsmen are among those subject to the Public Sector Equality Duty (PSED). 

As Britain’s equality regulator, the EHRC has produced a package of advice to support the public sector to understand the potential impact of their policies on people with protected characteristics and make decisions with their PSED obligations in mind.

The guidance includes:  

  • Revised Public Sector Equality Duty and Data Protection guidance. This has been updated to provide examples of data that can used as a proxy for characteristics protected under the Equality Act 2010, as well as advice on how public bodies processing such data can comply with the PSED and data protection law (including in the context of AI).  
  • A range of case studies which demonstrate how local authorities can consider equality when commissioning and using AI technologies; and 
  • A step-by-step guide that provides practical advice for public authorities in England, so they are clear on how to assess the equality impact of their policies to meet legal requirements and to demonstrate best practice. This complements guidance the EHRC has already published to help public bodies in Scotland and Wales do this, in line with the different specific duties for England, Scotland and Wales.

John Kirkpatrick, Chief Executive of the Equality and Human Rights Commission, said: 

“Artificial intelligence and new digital technologies have the potential to transform delivery of the public services we all rely on. While these emerging technologies can improve service delivery and reduce costs, we also know that AI can perpetuate bias and discrimination when it’s implemented poorly.

“It is essential that public bodies carefully consider both the positive and the negative impacts the introduction of AI could have on service users with protected characteristics. This will help prevent unlawful discrimination and ensure real benefits are delivered for communities across Britian.

“We want to help the public sector to understand how they can utilise AI responsibly, while complying with the PSED and data protection legislation. The package of guidance we have published will support public sector bodies to navigate these challenges by assessing and addressing the equality impact of their policies”.

Related information

Channel website: https://www.equalityhumanrights.com/en

Original article link: https://www.equalityhumanrights.com/new-guidance-ai-and-equality-available-public-sector-bodies

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