AI Wars at Work - SW19lawyers

AI and the Impact on the Workplace

According to the OECD's 2023 AI survey, 'four in five workers said that AI had improved their performance at work, and three in five said it had increased their enjoyment of work.' This data underscores the potential of AI to enhance workers' productivity and capabilities. For instance, it can assist people with disabilities, improve safety, prevent accidents at work (e.g., in the recycling industry), and reduce repetitive tasks. This positive outlook on AI's impact on the workplace should inspire optimism among employers, employees, policymakers, and legal professionals, as it heralds a future of enhanced productivity and improved work conditions.

Risks for Employers

However, it's crucial to acknowledge that AI could also lead to unexpected outcomes. For instance, a facial recognition tool discriminated against a certain race in the Uber case, and an invention using AI could not be recognised as an inventor under UK Patent Law (Thaler v Comptroller-General of Patents, Designs and Trade Marks). Furthermore, AI could generate more risks in the future, such as being used for cyber-attacks or creating work that violates the third parties' work regarding similarity. This accentuates the need for a cautious approach to AI implementation, ensuring that all potential risks are carefully considered and mitigated. This awareness and preparedness are essential for navigating the evolving landscape of AI in the workplace.

As of 2024, employers are usually responsible for using AI within the organisation instead of programmers, developers or companies selling the products. However, if employers are small organisations, they would not easily be financially able to deal with lawsuits. This means a preventive strategy is not just a good idea but essential. Employers should consider prohibiting their employees from using AI tools for specific tasks or at least request they declare the tools they use in the first place to examine if they would grant prior approval. This will allow their employers to evaluate the tools and impact of data sharing. It would also be helpful to appoint a point of contact if there are any AI-related issues within the organisation.

Is Artificial Intelligence law on the horizon?

There is a cross-sector and outcome-based framework for regulators to implement, which the UK government adopted earlier this year, but no AI law currently exists in the UK. However, the UK Lord Chancellor has recently signed an international treaty related to AI risks, aiming to gradually harmonise rules across jurisdictions by taking "collective action to manage AI products and protect the public from potential misuse", meaning we might see relevant AI legislation in the near future.

For now, without legislative codes preventing AI-wars in the workplace, it is highly recommended that employers individually ensure they have all the policies and enforcement rules within the organisation to deal with existing and emerging AI technologies. Drafting an AI policy could be effective as it will be an excellent guide to secure security and confidential data, and it recommends using strong passwords and up-to-date software. Employees must be aware that they are ultimately responsible as human users for the content or products they produce using AI tools, and it is essential for employees to sign the policy after they read it. An occasional revision of the guidelines is also needed. The challenge of such policies should include future possible AI technology developments. These policies and rules provide a sense of security and protection in the face of AI's potential risks.

If you require further advice on drafting practical terms, reviewing your policy, or resolving these disputes, contact us admin@sw19lawyers.co.uk

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