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There are Reasons to be Cautious when Using Artificial Intelligence

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Proponents of Artificial intelligence (AI) continue to call for the use of AI to automate tasks. Business owners who are just dipping their collective toes into the unknown of AI may be finding justification in taking a cautious stance.

An article from Venable LLP, a nationwide law firm with twelve offices across the country, shared some of the many ways the use of Artificial Intelligence in the workplace could create potential legal impacts. The group encouraged employers who teach their staff to use AI to also set up a policy that guides how it should be used and how it should not be used within the workplace. Venable LLP suggested workplace policies should address the following things.

Submission of Sensitive Info: Sensitive company information, including trade secrets, should not be shared on an Artificial Intelligence platform. Venable LLP cautions this could lead to breaches of sensitive information such as nondisclosure agreements, status of trade secrets and violation of data protection laws. In this case, it is important to define what is considered confidential information.

Fact Checking and Infringement: Information received from AI tools should always be fact checked. Employees also must be careful of creating work in a “style similar to” that of an existing third party. Laws about liability and infringement are not clear and employees must be cautious about how they use it to inform new work.

AI Terminology: A growing number of tools can fit under the umbrella term of Artificial Intelligence, including chatbots and image- and text-generation services, email, word processing applications, etc. Venable LLC cautions organizations should consider what AI tools are in use currently in the office, what tools might be introduced in the future and how current and future policies will reflect the use of those tools.

Enforcement: Technology is constantly changing and with AI, it will become more difficult to safeguard the use of personal devices at work and track how it is used on personal devices. Enforcement and security might be more effective with employer-provided devices. With companies often looking at a combination of employee- and employer-provided devices, it will be important to assess the use of AI in the mix.

Compliance with Other Policies: Maintaining compliance must include all policies including discrimination, harassment, and other illegal activities. With the introduction of Artificial Intelligence there will need to be even greater compliance vigilance. Venable LLP suggests looking at policies on a regular basis and updating them accordingly as technological developments arise.

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