Call for evidence response: the lawful basis for web scraping to train generative AI models
The Information Commissioner’s Office (ICO) has called for evidence for its consultation into the lawful basis for web scraping to train generative AI models as part of the their consultation series on generative AI and data protection.
The ICO describe ‘web scraping’ as: the use of automated software to ‘crawl’ web pages, gather, copy and/or extract information from those pages, and store that information for further use.
Our submission underscores the importance of taking a balanced and blended approach to regulating AI, as we outlined in our consultation response to the government’s whitepaper, A pro-innovation approach to AI regulation.
In our own Generative AI Essentials Guide, we recognise the importance of data protection considerations related to generative AI models.
Our view
In response to their analysis, we agree that:
- it is unlikely that other lawful bases with regards to web scraping for generative AI will be available under Article 6(1) of the Data Protection Act 2018
- in principle, the legitimate interests test could be met if technical and organisational measures to limit the use of the generative AI model are in place
In our response, we expand on:
- the role of the data controller and processing personal data
- intellectual property considerations
- ongoing policy developments
- the legitimate interests test