Committee publication · Correspondence · 29 April 2026

Correspondence from Minister for Digital Government and Data, re: Code of practice on AI and automated decision-making, 21 April 2026

From: Science, Innovation and Technology Committee

Summary

Minister Ian Murray writes to inform the Science, Innovation and Technology Committee that a statutory instrument requiring the Information Commissioner's Office to produce a code of practice on AI and automated decision-making is being laid before Parliament. The code will provide non-binding guidance on data protection compliance for organisations using AI and automated systems, with the ICO granted discretion on content to accommodate rapid technological change.

Key findings

A statutory instrument under the Data Protection Act 2018 is being laid requiring the ICO to produce a code of practice on AI and automated decision-making
The code will provide non-binding, authoritative guidance on meeting existing data protection obligations—not introduce new legislation
The SI defines automated decision-making (ADM) as decision-making covered by UK GDPR and Data Protection Act 2018 safeguards; no single AI definition is provided to allow ICO discretion
The code must cover processing under UK GDPR and Data Protection Act 2018 (excluding intelligence services under Part 4), with mandatory guidance on children's personal data in relation to AI and ADM
The expert panel reviewing the code will be modified to exclude matters of national security from consideration

Tone

Procedural

Topics

data-protectionartificial-intelligenceautomated-decision-makingregulation

Key actors

Ian Murray MP, Dame Chi Onwurah MP, Information Commissioner's Office (ICO), Department for Science, Innovation and Technology (DSIT), Secretary of State

Notable line

“We have drafted the SI at a high level to enable the ICO, as the independent data protection regulator, to exercise its discretion on matters appropriate to include in the code …”

Key Quotes

“ICO codes of practice provide authoritative, non-binding guidance on how existing legislative obligations should be met in specific areas and do not, in themselves, introduce new policies or legislation.”
— Ian Murray MP · Clarifying the nature and scope of the code of practice

“As there is currently no single agreed upon definition of AI, a definition has not been provided to allow the ICO to use its discretion to address any issues it sees fit for inclusion in the code in this area.”
— Ian Murray MP · Explaining why no specific AI definition is included in the SI

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Source · parliament.uk record ↗