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<p>The Equality Act 2010 (the Act) prohibits employers and service providers from
discriminating against employees, job applicants and customers because of or in relation
to a protected characteristic. This includes discrimination through actions taken
as a result of deploying an algorithm or a similar artificial intelligence mechanism.
The key test is how the employer or service provider acts and whether this is lawful
under the Act, not the tools used in the decision-making process.</p><p>It is for
the courts to interpret and apply the law, including where new and evolving technology
is at play. To date, it has not been necessary to consider amendments to the Equality
Act 2010 in this context and the Government has no plans to bring forward such legislation.
However, we will continue to monitor developments.</p><p>On 10 September 2021 the
government launched a public consultation, <a href="https://www.gov.uk/government/consultations/data-a-new-direction"
target="_blank">Data: A new direction</a>. The consultation proposes reforms to enable
organisations to use personal data and sensitive personal data for the purpose of
managing the risk of bias in their AI systems. The consultation will close on 19 November
2021.</p><p>In addition, the Equality and Human Rights Commission is developing guidance
for the public sector on algorithmic decision-making.</p>
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