Artificial Intelligence Legislation and ISO 42001

ISO 42001 is the internationally recognised standard for an Artificial Intelligence Management System, used to govern organisations’ development and use of A.I tools, managing the associated risks and impacts.

Assent’s expert ISO 42001 Consultants are helping organisations implement the standard and prepare for certification.

Throughout the standard there are requirements to consider applicable A.I. Legislation and how that impacts the organisation.  In order to evidence that legislation has been consider and that the organisation’s approach to complying with those requirements, it can be useful to establish an ISO 42001 Legal Register.

Here we explain more.

Artificial Intelligence Legislation and Regulation

A.I Legislation encompasses a wide range of regulations and guidelines aimed at governing the development, deployment, and use of AI systems. These regulations can vary significantly from one jurisdiction to another, reflecting different cultural values, legal frameworks, and priorities. 

Some common areas covered by AI legislation include:

Ethical Standards:

Many AI regulations focus on promoting ethical AI development and deployment by considering the impact A.I has on individuals, societies and organisations. This includes principles such as transparency, fairness, accountability, and the protection of human rights. 

Safety and Security:

AI systems must be safe and secure to minimise the risk of harm to individuals, societies and organisations. This can be particularly poignant depending on the use of the A.I system, for example where it may be used in medical devices. 

Legislation may require organisations to conduct risk assessments or impact assessments, for which ISO 42001 provides the perfect framework. 

Organisations may also be required to implement safety measures, and adhere to cybersecurity standards when developing and deploying AI technologies.

Bias and Discrimination:

Addressing bias and discrimination in AI systems is often a key concern for regulators. Legislation may require organisations to mitigate bias in AI algorithms and ensure that they do not perpetuate or exacerbate existing inequalities.

Again this is well covered within ISO 42001 controls.

Data Privacy:

Protecting individual privacy rights is a central component of AI legislation. Regulations such as the GDPR and the California Consumer Privacy Act (CCPA) govern the collection, use, and sharing of personal data, including data processed by AI systems.

Transparency and Explainability:

Regulations may require organisations to provide transparency into how AI systems make decisions and to enable individuals to understand and challenge those decisions. This promotes trust and accountability in AI technologies.

A.I Legislation within ISO 42001

There are several areas of the ISO 42001 standard that require consideration of A.I Legislation, including:

Clause 4.1 Internal and External Issues

Organisations should consider internal and external issues including applicable legislation and an prohibited use of A.I.

Control B.2.2 A.I Policy

Among other considerations, legislation should inform the organisation’s A.I Policy.

Control B.3.2 AI roles and responsibilities

Should include responsibility for complying with applicable A.I Legislation.

B.5.2 AI system impact assessment process

The impact assessment should consider legal requirements and the legal impact on individuals.

B.5.5 Assessing societal impacts of AI systems

Including impacts from government and applicable legislation.

B.6.2.6 AI system operation and monitoring

Having methods to ensure and monitor that A.I systems are operating within applicable legislation.

B.8.4 Communication of incidents

Ensuring any reporting requirements are met, for example as required by GDPR.

B.9.4 Intended use of the AI system

Insuring the intended use of the system is within legal requirements.

ISO 42001 Legal Register

Although not explicitly required, a legal register cna provide a valuable tool to evidence the organisation has considered and complies with applicable legislation regarding Artificial Intelligence.

Assent Risk Management, via its Resilify.io platform, maintains a Legal Register Database and Legal Register Template covering key legislation across A.I and other areas.

Use ISO 42001 to Manage Artificial Intelligence Compliance

ISO 42001 is a management system standard which can easily be integrated with other Annex SL systems, and therefore provides an ideal framework for organisations to manage AI risks, impacts and legal requirements.

Assent’s expert ISO 42001 Consultants are helping organisations implement the standard and prepare for certification.

Robert Clements
Robert Clements
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