Embracing AI in Public Procurement:
Introduction: The integration of Artificial Intelligence (AI) into public procurement is a trend accelerating across the UK and EU. While AI offers remarkable opportunities for innovation and efficiency, it also necessitates a keen focus on compliance with the General Data Protection Regulation (GDPR) and heightened awareness of cybersecurity risks.
GDPR and AI in Public Procurement: AI's role in processing sensitive data mandates adherence to GDPR principles such as data minimization and user consent. This adherence is crucial in public procurement within the UK and EU, where data protection is a cornerstone of public trust and legal compliance.
Contract Adjustments for AI Integration: Integrating AI into existing public procurement contracts requires careful consideration. Contract modifications should address AI-specific data handling and processing, ensuring these changes comply with GDPR and adequately reflect the nuances of AI technology. These adjustments must be lawful and in accordance with the relevant articles, Art 72 for EU procurement and 74 for the UK from October.
Cybersecurity Risks in AI Deployments: With AI's increasing role in public procurement, cybersecurity risks become a significant concern:
Vulnerability to Attacks: AI systems can be targets for cyberattacks, potentially leading to data breaches.
AI Data Integrity: Ensuring the integrity of data used and generated by AI is paramount to prevent manipulation or misuse.
Securing AI Algorithms: Protecting AI algorithms from unauthorized access and tampering is essential.
Mitigating these risks involves implementing robust cybersecurity protocols, regular security audits, and ensuring AI systems are resilient against cyber threats.
Upholding GDPR Compliance and Security: Public sector entities must:
Conduct GDPR compliance checks for AI technologies.
Regularly update AI systems for GDPR adherence and cybersecurity resilience.
Engage in continuous dialogue with AI providers to address evolving data protection and security challenges.
Note that lots of less obvious members of your supply chain will also be embracing AI in their service delivery to you.
Conclusion: As the UK and EU advance in digital public services, incorporating AI in public procurement offers significant advantages. However, this must be balanced with stringent GDPR compliance and robust cybersecurity measures. Adapting contractual terms for AI and maintaining a commitment to data protection and cybersecurity will enable public sector bodies to harness AI's benefits while ensuring privacy, trust(depending on how skeptical one is), and security.
Recommended Reading:
“National Cyber Security Strategies” - Government Cyber Security Strategy: 2022 to 2030 - GOV.UK (www.gov.uk)
“AI and Cybersecurity in Public Procurement” New version of Procurement Clauses of AI available: supporting responsible use of AI in Public Authorities | Public Buyers Community (europa.eu)