Speech by Lord Sales on regulatory approaches to AI in public administration
The Supreme Court has published a speech given at Singapore Management University by Lord Sales, analysing the rise of automated decision-making (ADM) in government and the emerging divergence in regulatory approaches to AI worldwide. He contrasts the UK's ‘soft law’ approach using guidelines and frameworks with the EU's comprehensive AI Act, noting the role of data protection legislation and the need to examine the full range of policy options being explored in different jurisdictions. Discussing the court’s role in protecting public law values, Lord Sales observes that as ADM increasingly ‘takes over public functions’ it is inevitable that judicial review claims will increasingly concern AI. He examines how cases like R (Johnson) v Secretary of State for Work and Pensions [2020] EWCA Civ 778 and Bridges v South Wales Police [2020] EWCA Civ 1058 demonstrate the capacity of judicial review to respond to some of the associated AI risks, highlighting the judiciary’s role in developing doctrine to embed and defend public law values. While technology develops at pace, Lord Sales notes that these underlying values are likely to remain unchanged, with ‘commitment to legality, transparency, accountability, and human dignity’ remaining ‘central to the legitimacy of public administration’, whether ADM is used or not. In conclusion, Lord Sales, emphasises that robust mechanisms to safeguard public law values must be embedded in ADM design and implementation to ensure that automation serves, rather than undermines, good governance and the rule of law.