United Kingdom: Opened Consultation on the lawful basis for web scraping to train generative AI models

On 15 January 2024, the Information Commissioner's Office (ICO) launched a consultation series on how aspects of data protection law should apply to the development and use of generative AI models until 1 March 2024. The consultation aims to address several areas where organisations would welcome further clarity on how data protection law applies to the development and use of generative AI. The first chapter of the consultation series covers the lawful basis for training generative AI models on web-scraped data. The consultation sets out how developers can ensure that their scraping activities UK GDPR-compliant, the three-part test for legitimate interest, the role individual rights and interests, and possible risk mitigation.