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17 September 2024

General Counsels Take Charge Of AI Governance

Legal experts explore the importance of accountability and ethics in AI deployment

General Counsels Take Charge Of AI Governance

Artificial intelligence (AI) is turning heads everywhere, and it’s not just the tech enthusiasts who are sitting up and taking notice. Corporate strategies are increasingly revolving around this rapidly advancing technology, leading to the buzzword many are now familiar with: AI governance. While it seems straightforward on the surface, it’s anything but clear-cut for many organizations. Leaders seem to know they need to address AI governance, but when it boils down to practical steps and responsibilities, things can get murky.

This uncertainty about who holds accountability for AI projects creates a significant opening for general counsels. Traditionally viewed as risk mitigators, they’re stepping up to take on broader roles as strategic business partners. Now's their chance to lead the charge on AI governance by ensuring their organization doesn’t just jump on the AI bandwagon without due consideration.

For general counsels to nail this role, familiarity with the tools and technologies being implemented is key. This hands-on knowledge helps them understand the potential benefits and risks tied to AI. Who will help with setting this up? Well, good governance requires input from various departments like IT, security, and data privacy teams. Accountability can get complicated when not every organization has these roles clearly defined, but general counsels can facilitate the discussion as part of the internal authority spectrum.

There are, according to industry experts, four main pillars where AI accountability needs to be addressed. This includes considering who might be impacted, the organizational risks at play, ethical dimensions, and the financial aspects associated with AI decision-making.

First off, it’s important to evaluate the impacts on employees and customers. For example, is employee data being used ethically? Are the AI tools being deployed trustworthy enough not to compromise personal information? Also, by leveraging AI, organizations aim to provide more value to their customers. Still, it raises questions about what happens when customer data gets entangled within broader AI models.

Then there’s the organizational risk picture. This involves knowing what legal frameworks govern the technology being utilized. The EU AI Act is already making waves as companies here face stringent regulations. Laws governing AI are cropping up across various jurisdictions worldwide. Staying updated on current and future laws will mean general counsels need to be eagle-eyed about changes, especially as these regulations could vary significantly from one region to another.

But wait, there's more! Understanding potential risks tied to AI also involves conducting thorough risk assessments. Knowing what data is generated or shared when engaging with AI is necessary for mitigating potential pitfalls and complying with data-related laws.

Ethical responsibility is another buzzing topic. With AI power at play, the ramifications can stretch beyond the immediate circle of employees and customers. General counsels ought to anticipate how AI decisions may impact their organization's reputation. Embedding fairness and eliminating biases within AI algorithms needs to be part of the strategy too. Not to mention, they should also prepare their teams for the transition by providing training on ethical tool use.

Finally, there’s the financial side of things. Understanding the cost associated with AI projects versus their potential gains can steer the organization toward sound decisions. General counsels can weigh risks and projected value to guide smarter investments. But it goes beyond just calculating costs; general counsels should continuously measure AI projects’ performance against defined criteria. This all intertwines with drive and accountability throughout the organization.

Showing valid governance is not just about avoiding pitfalls; it encompasses responsibility and prudent decision-making demonstrating integrity and dedication to lawful operations. General counsels are standing at the forefront, ripe with opportunities to shape their organization's approach to AI responsibly. After all, establishing solid AI governance isn't just about compliance—it’s about ensuring innovation takes place within ethical and transparent boundaries.

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