On December 11, 2024, the Norwegian data protection authority (Datatilsynet) launched its final report for the sandbox project with LawAi, an artificial intelligence (AI) tool developed by Juridisk ABC AS.

What did the project address?

The project addressed what legal bases are relevant to enable Juridisk ABC to use court decisions to train LawAi, a tool designed to help those with personnel responsibilities find quick answers to legal questions related to the Working Environment Act. Additionally, the project addressed how employers can use such a tool as decision support in employment law cases.

What did the project conclude?

Based on the study, the project concluded a number of remarks, including:

• none of the exceptions under Article 9(2) of the General Data Protection Regulation (GDPR) are applicable to the use of judicial decisions containing sensitive data for the purposes of training, customizing, or otherwise developing AI solutions;

• the processing of personal data in judicial decisions for the purposes of training LawAi may have a legal basis in Article 6(1)(f) of the GDPR, given the circumstances and with sufficiently rapid and effective de-identification;
• Articles 6, 9, 10, and 22 of the GDPR provide the scope for employers to process employee personal data using LawAi as decision support in employment matters; and
• lawful use of LawAi requires businesses to have appropriate routines for how and in which situations the tool should be used and that users have sufficient training and expertise.

You can read the press release here and the final report here, both only available in Norwegian.