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The Office for Product Safety and Standards (OPSS) published a report on 23 May 2022 which considered the impact of artificial intelligence (AI) on product safety. This issue is also being considered in a number of other jurisdictions (see, for example, the EUs Proposal for a Regulation laying down harmonised rules on AI).

The report provides a framework for considering the impact of AI consumer products on existing product safety and liability policy. This framework seeks to support the work of policymakers by highlighting the main considerations that should be taken into account when evaluating and developing product safety and liability policy for AI consumer products. No timeline is stated in the report for that evaluation/ development to take place, but the report makes clear the view that work is needed to ensure the UKs product safety and liability regime can deal with AI developments.

The report considers the potential negative implications of AI use on the safety of consumer products. In particular:

The report also considers the ways in which the incorporation of AI systems into manufactured consumer products can be of benefit. More specifically:

The report opines that the current legal framework is insufficient in many ways to deal with AI. In particular there are various shortcomings from a product safety / liability perspective:

The report notes that the hypothetical application of the UKs product liability rules to AI products is a challenge, and that It remains unclear how product safety rules will apply to AI products.

At the moment, there are two core ways in which challenges brought by AI are being addressed:

The inevitability of future AI developments is one of the factors driving likely reform at a UK level.

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United Kingdom: UK publishes report on the impact of Artificial Intelligence on product safety - GlobalComplianceNews