Reading this consultation response (the first in a series running through 2024) could leave you with the feeling that the group of authors is not that keen on artificial intelligence. Nothing could be further from the truth. The process of working on this consultation has shown me how forward-thinking, open-minded and tech-savvy the contributors are. We are a group of tech evangelists.

So how have we reached such an unequivocal view about the incompatibility of generative artificial intelligence (“GenAI”) and legitimate interest in the UK GDPR? Really, it boils down to the same basic problem that plagues all tech law debates: we are trying to apply twentieth century ideas to a twenty-first century problem. This area of law, which is dear to my heart, is in need of some new ideas. It’s frustrating to see the ICO try and fit a square peg into a round hole. As data protection practitioners and privacy geeks, we want and hope for better, especially because we believe in the revolutionary power of GenAI to improve society and our businesses.

Our consultation response proposes several options for fixing the problem. I won’t spoil it by naming them all here, but they include things like updating the ICO’s rules to accommodate GenAI or even changing the law if necessary. If we are going to see GenAI grow in our society and supercharge our economy, we need laws that are fit for that purpose.

Finally, I would like to thank the over 20 contributors to this project. You are the best of the best. Thank you for the late nights, the early mornings and everything in between. Your intellectual force is immense and I have been inspired by you all. Let’s hope the ICO tunes into the message and takes some of this on board.

Sincerely yours,