Developing AI products? Prioritise Privacy by Design to avoid ICO scrutiny

As the UK Information Commissioner's Office (ICO) concludes its investigation into Snap Inc's 'My AI' chatbot, the message to businesses developing artificial intelligence (AI) products, or any digital app, is clear: prioritise Privacy by Design from the outset to avoid potential regulatory action.

The ICO's investigation into Snap's data protection practices related to its 'My AI' chatbot serves as a cautionary tale for all AI developers. Concerns were raised about the adequacy of Snap's data protection risk assessments, particularly regarding the data of children users. While Snap ultimately addressed these concerns and implemented a comprehensive risk assessment, the investigation highlights the importance of considering data protection from the very beginning of any app or AI development process.

Stephen Almond, ICO Executive Director of Regulatory Risk, stated:

Our investigation into ‘My AI’ should act as a warning shot for industry. Organisations developing or using generative AI must consider data protection from the outset, including rigorously assessing and mitigating risks to people’s rights and freedoms before bringing products to market. We will continue to monitor organisations’ risk assessments and use the full range of our enforcement powers – including fines – to protect the public from harm.

If your business is developing AI products or apps, do not wait for the threat of ICO action to prioritise privacy. Instead, you should proactively incorporate data protection considerations into every stage of the development lifecycle, from conception to deployment. This approach, known as Privacy by Design, helps to ensure you remain compliant with data protection law and fosters user trust, whether it is an AI product or an app.

As generative AI continues to advance, the ICO has made it a priority to guide the application of data protection laws to these technologies. Stay informed about the ICO decision on the Snap case and any subsequent consultations to ensure you remain compliant with evolving regulations.

Navigating data protection law can be challenging, with requirements varying depending on your data processing activities. Privacy by Design helps build trust with users and demonstrates your commitment to responsible digital development. If you are looking to develop an AI tool, our specialist data protection lawyers can support you in keeping data privacy practices in mind, ensuring compliance and minimising regulatory risks. We're here to help you prioritise Privacy by Design and build a strong foundation for your AI development journey.

You can read the ICO’s full announcement here.