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

On 1 March 2024, the Information Commissioner's Office (ICO) closed its consultation series on how aspects of data protection law should apply to the development and use of generative AI models. The consultation aimed to provide clarity on the application of data protection law to the development and use of generative AI, with a focus on the lawful basis for training these models on web-scraped data. The consultation set 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.