Using AI Transparently:

Artificial intelligence (AI) is everywhere and used daily by most people. AI ranges from facial recognition software to recruitment technologies. In the legal world, AI has emerged most frequently in litigation contexts. It is often used to streamline and improve efficiency with document review during discovery and to help with litigation analytics to help with decisions. Organizations and legal counsels have the important responsibility to use AI effectively and ethically. Being transparent about the tech selection process, manual oversight, and technical aspect of the AI solutions used can help maintain compliance.

AI is great for automating processes, tapping into business intelligent, and managing costs. However, this technology is not intuitive by design. If an organization is far with a claim, it needs to be able to explain the technology used behind the decision as part of their defense. The General Data Protection Regulation (GDPR) grants a legal right for consumers to have AI explicated when an automated decision significantly affects them. While explaining AI will always be a technical and challenging battle, there are some best practices to consider. for using AI transparently.

Incorporate Transparency into Research

When vetting an AI investment, delve a little deeper to see if there is any information available that indicates issues or improvements with a certain solution. Organizations should look at public studies, testing data, speak to colleagues, talking to industry experts, or meet with counsel. This is to ensure the preferred AI system promotes transparency.

Consult with Counsel and Provider Partners

It is crucial to factor ethical AI usage into information governance and risk management initiatives. Counsel and providers helping with data governance and are great resources. They can consider applicable legal and regulatory obligation that apply to AI automated decisions making imposed by court decisions, the GDPR, other privacy laws, and more. They can also consult on best practices and help create standardized templates for documenting AI model creation and training.

More organizations need to enhance AI transparency practices. Getting ahead of the curve will save time and money down the road and ensure that operations replying upon AI remain ethical and defensible. 


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