United Kingdom: Issued ICO position on lawful basis for web scraping to train generative AI models

On 10 December 2024, the UK's Information Commissioner's Office (ICO) updated its guidance on applying data protection law to the development and use of generative AI models following a public consultation. The guidance highlights that data collection methods other than web scraping, such as directly licensing personal data from publishers, could be used to support AI development. Developers must demonstrate the necessity of web scraping and improve transparency, including providing clear information about the personal data collected. The ICO also expects developers to ensure that licence agreements and Terms of Use (ToU) include effective data protection requirements and that these are implemented in practice.