Data Privacy And Security With Gen AI Models – Above the Law

A
June
2024
survey
of
data
privacy
professionals
found
that
the
rising
use
of
artificial
intelligence
is
the
number-one
privacy
risk
facing
companies
today,
according
to
a

story
in
Law360.

Concerns
about
data
privacy
and
data
security
are
especially
heightened
with
the
emergence
of
generative
artificial
intelligence
(Gen
AI)
tools
in
the
legal
industry,
which
enables
legal
professionals
to
quickly
obtain
AI-generated
text
in
response
to
research
queries
or
requests
for
summaries
of
lengthy
documents.
These
are
the
types
of
concerns
that
have
led
many
in
the
industry
to
gravitate
toward
Legal
AI,
Gen
AI
tools
trained
for
the
legal
profession.

There
are
some
important
differences
between
the
commercially
available
Legal
AI
solutions
on
the
market,
so
prospective
buyers
of
these
tools
need
to
know
how
each
of
these
Gen
AI
models
approaches
data
privacy
and
security
considerations.

We
recently
published
“The
Definitive
Guide
to
Choosing
a
Gen
AI
Legal
Research
Solution,”
a
free
buyer’s
guide
that
details
what
law
firms
and
in-house
legal
departments
should
look
for
so
they
can
select
the
most
appropriate
solution
for
their
organization.
One
of
the
pillars
we
addressed
in
the
guide
is
the
importance
of
Privacy
&
Security.

Six
core
concerns

The
rise
of
powerful
Gen
AI
models
that
can
create
synthetic
media,
text,
code
and
other
content
raises
important
questions
around
privacy
and
security.
These
systems
leverage
large
datasets
and
can
mimic
existing
content
and
styles.

This
makes
it
essential
for
your
team
to
thoughtfully
address
certain
privacy
and
security
risks
that
can
threaten
the
safety
of
your
organization
and/or
clients.
Here
are
six
core
concerns
that
you
should
contemplate:

• Data
  privacy
  —
  Law
  firms
  operate
  in
  a
  world
  of
  confidentiality
  and
  client
  data
  (e.g.,
  financial
  records,
  strategic
  plans,
  etc.)
  must
  be
  fiercely
  protected.
  You
  need
  to
  know
  how
  training
  data
  for
  the
  Gen
  AI
  model
  is
  obtained
  and
  used.
  Attribution
  —
  It
  is
  crucial
  that
  any
  source
  materials
  surfaced
  by
  the
  Gen
  AI
  model
  are
  properly
  credited.
  Any
  legal
  document
  must
  be
  attributed
  to
  a
  human
  lawyer
  for
  it
  to
  be
  considered
  ethically
  acceptable
  by
  the
  courts;
  this
  requires
  that
  users
  have
  sufficient
  information
  in
  their
  hands
  to
  verify
  the
  accuracy
  of
  all
  AI-generated
  content.
• 
  Data
  bias
  —
  There
  is
  a
  risk
  of
  perpetuating
  unfair
  biases
  in
  the
  Gen
  AI
  model
  training
  data.
  AI
  algorithms
  learn
  from
  the
  data
  they
  are
  fed,
  so
  if
  that
  data
  contains
  inherent
  biases
  the
  Legal
  AI
  tool
  may
  incorporate
  them
  in
  its
  outputs.
• 
  Transparency
  —
  Understanding
  the
  reasoning
  behind
  an
  AI
  tool’s
  answers
  helps
  lawyers
  identify
  and
  mitigate
  potential
  biases
  or
  inaccuracies.
  Beware
  of
  any
  Gen
  AI
  model
  that
  provides
  a
  lack
  of
  detail
  about
  how
  it
  works.
• 
  Misinformation
  —
  All
  legal
  professionals
  are
  by
  now
  aware
  of
  the
  risk
  of
  Gen
  AI
  models
  in
  creating
  convincing
  fake
  or
  misleading
  content.
  The
  rules
  of
  professional
  responsibility
  dictate
  that
  lawyers
  are
  ultimately
  responsible
  for
  the
  accuracy
  and
  completeness
  of
  their
  legal
  work
  product.
• 
  Regulation
  —
  The
  track
  record
  and
  reliability
  of
  an
  AI
  developer
  is
  important
  if
  legal
  practitioners
  are
  going
  to
  be
  able
  to
  trust
  their
  knowledge
  of
  the
  legal
  domain.
  Make
  sure
  your
  Gen
  AI
  model
  was
  built
  with
  thoughtful
  rules
  and
  governance
  of
  the
  technology.

Questions
to
ask
about
privacy
and
security

When
evaluating
a
Legal
AI
solution,
you
need
to
ask
a
few
important
questions
about
how
the
model
is
trained
and
how
your
data
is
handled,
such
as
the
following:

• Will
  my
  search
  history
  and
  usage
  information
  be
  stored
  or
  used
  to
  train
  the
  model?
• How
  does
  your
  Gen
  AI
  solution
  address
  the
  security
  concerns
  related
  to
  ChatGPT?
• How
  does
  your
  Gen
  AI
  solution
  protect
  customers’
  intellectual
  property
  and
  your
  own?
• What
  data
  security
  measures
  are
  in
  place
  for
  any
  original
  generated
  content?
• What
  safeguards
  exist
  to
  prevent
  exposure
  of
  privileged
  or
  confidential
  client
  information
  through
  AI-generated
  content?

Evaluate
Lexis+
AI

Lexis+
AI
is
our
breakthrough
Gen
AI
solution
that
we
believe
will
transform
legal
work
by
providing
a
suite
of
legal
research,
drafting,
and
summarization
tools
that
delivers
on
the
potential
of
Gen
AI
technology.

Lexis+
AI
pairs
our
unsurpassed
legal
content
with
breakthrough
Gen
AI
technology
in
a
way
that
could
redefine
the
way
that
legal
research
is
conducted
and
legal
work
product
is
created.
Its
answers
are
grounded
in
the
world’s
largest
repository
of
accurate
and
exclusive
legal
content
from
LexisNexis
with
industry-leading
data
security
and
attention
to
privacy.
Click

here
to
request
a
free
trial.

To
download
a
free
copy
of
The
Definitive
Guide
to
Choosing
a
Gen
AI
Legal
Research
Solution,
please
click

here.