The Digital Regulation Cooperation Forum has published the joint views of the FCA and the ICO on the technologies that are shaping Open Finance and the regulatory questions stemming from its development. APIs are likely to remain key to Open Finance and Smart Data as they facilitate real time, secure and trusted data exchange. So common standards and strong interoperability across sectors and providers will be essential. Another key driver could be AI which has the potential to carry out many key chores including automating data cleaning and preparation, enhance fraud detection, assess creditworthiness, deliver advice and recommendations and help consumers to open accounts and switch products. However, with that comes risks, not least addressing questions around automated decision-making, transparency and explainability.
There is also the potential for DLT and smart contracts to play a role, which could, for example, automate administrative tasks, improve data integrity and security and track the flow of data for easier auditing. But, again, there are risks, such as it being potentially difficult to revoke access to or correct data, and it may be unclear who is responsible if things go wrong.
More generally, the key regulatory issues are:
- balancing evolution of technology with fostering trust in new products and services and delivering good outcomes for consumers;
- organisations ensuring they consider which lawful basis for processing data is most appropriate to enable the required data sharing;
- what effective data minimisation would look like;
- achieving transparency and consumer understanding when AI is used;
- the role of regulators; and
- embedding trust.