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Articles | 07.26.23

Jessica Lipson Discusses Key Privacy Risks to Consider When Using AI in Legaltech News

Partner Jessica Lipson published an article in Legaltech News entitled “4 Key Privacy Risks to Consider Before Using Open Generative AI Systems,” which explored several risks and challenges of this groundbreaking technology. While AI may be able to increase productivity tremendously, Jessica cautioned that businesses must take great care in its use.

With most modern privacy laws such as GDPR and the California Consumer Privacy Act (CCPA) implementing the well-known principles of transparency, purpose limitation, access and security, among others, the article analyzed these principles and their application in the use of open generative AI systems. 

Jessica explained that there are myriad requirements under both domestic and foreign privacy and data security laws, which a business will find difficult to comply with when inputting data into an open AI chatbot or allowing the chatbot to process such data. She wrote, “Care must be taken in the use of these technologies, which, while potentially deeply transformative, can lead to legal perils, if improperly evaluated or used.”

In conclusion, Jessica wrote: “What can a business do to protect itself? The first line of defense, as with all issues involving privacy, will be to engage risk, legal and governance teams, and the privacy officer to evaluate the risks associated with the processing early on, before beginning to use any AI tools. The second line of defense, in collaboration with risk, data and governance teams, is to implement strong, and enforced, policies and procedures regarding use of open AI tools, including specific restrictions on the type of data that employees and contractors can input to the chatbots in use by the business.”

Law.com subscribers, read the full article here or read the attached copy.

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