Interaction between UK Private International Law and Artificial Intelligence Challenges
Regulations and applications of AI in the UK within the framework of Private International Law. Analyzing liability, cross-border cases, and the evolving approach towards AI governance. Insights shared by Dr. Michiel Poesen at Lancaster University Law School
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ABERDEEN 2040 The Interaction between UK Private International Law and Artificial Intelligence Challenges in Contemporary International Litigation, Lancaster University Law School 21 June 2023 Dr Michiel Poesen Centre for Private International Law, University of Aberdeen
Overview 1. The Regulation of AI: broad vs narrow sense 2. AI Regulation in the UK 3. Application of current Private International Law framework ABERDEEN 2040
1. The regulation of AI: broad vs narrow sense Regulation in narrow sense vs broad sense Narrow sense: e.g. European AI Act or UK White Paper (AI Regulation: A Pro-Innovation Approach see below) Broad sense: liability (contractual, tortious ) for damage caused by AI system ABERDEEN 2040
1. The regulation of AI: broad vs narrow sense If AI causes harm, then damage is likely to occur in more than one country/state Which regime is applicable to AI-related cross-border liability cases? Private International Law / Conflict of Laws ABERDEEN 2040
2. Regulation of AI in the UK A pro-innovation approach to AI regulation, UK Government White Paper, https://www.gov.uk/government/publications/ai-regulation- a-pro-innovation-approach/white-paper#part-3-an- innovative-and-iterative-approach Proposal for principles-based regulation to be implemented by UK regulators: balance between stimulating innovation and ensuring accountability ABERDEEN 2040
2. Regulation of AI in the UK It is too soon to make decisions about liability as it is a complex, rapidly evolving issue which must be handled properly to ensure the success of our wider AI ecosystem. (para. 84 of White Paper) Our framework will not therefore change the territorial applicability of existing legislation relevant to AI (including, for example, data protection legislation). (para. 115 of White Paper) ABERDEEN 2040
3. Application of Current UK Private International Law Framework What is the relevance of the current UK Private International Law framework for AI related cases? ABERDEEN 2040
3. Application of Current UK Private International Law Framework Rome I Regulation (contracts) / Rome II Regulation (torts) Retained EU law per the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 Rome I Regulation (s5A-B Contracts (Applicable Law) Act 1990) Article 6: consumer contracts use of AI for risk-assessment in financial service sector Article 8: employment contracts AI in platform economy ABERDEEN 2040
3. Application of Current UK Private International Law Framework Rome II Regulation (s15A-B Private International Law (Miscellaneous Provisions) Act 1995) Default rule: place of damage Article 5: product liability use of AI in self-driving vehicles Article 8: intellectual property AI generated works Article 12: precontractual liability use of AI to sort CVs Other sectoral legislation, such as Section 207 of the Data Protection Act 2018 ABERDEEN 2040
3. Application of Current UK Private International Law Framework 1. Public policy/overriding mandatory law: how open is UK CoL to application of foreign law? 2. Potential UK AI-specific liability rules: overriding mandatory law? ABERDEEN 2040
Conclusions White Paper proposes to maintain current Private International Law rules Current UK Private International Law framework able to deal with AI-related civil liability cases Protection of consumer, employees, balance between accountability and foreseeability ABERDEEN 2040
