The evolution of AI technologies continues to pose unique challenges for legal teams within corporations. Despite a surge in AI deployment, surprisingly few companies have established robust guidelines for its use. The Society for Corporate Governance’s 2023 Board Practices Report revealed that a mere 13% of 97 public companies examined possess an AI use framework, AI policy or code of conduct.
There is an urgent need, therefore, for legal professionals to help safeguard against potential legal, ethical, and operational risks associated with AI use. For those tasked with creating such policies, it may seem a daunting task. But the process can be simplified by the following four strategies.
1. Align AI Policy with Existing Policies
Consider AI policies as an extension of existing technology-related guidelines within your organization. Aligning your AI guidelines with preexisting policy structures promotes internal consistency and aids in avoiding policy conflicts. Use extant frameworks around data protection, privacy, information security, or social media as a starting point to build a comprehensive approach to AI use.
2. Enhance Data Literacy Skills
Data is the cornerstone of AI’s functionality. To understand and effectively regulate it, you must be familiar with the processes of data collection, management, and governance. Increase your knowledge on the types of data AI uses, how AI applies this data, and legal frameworks regulating data. By doing so, AI usage can be accurately monitored, and regulation can be implemented effectively.
3. Communicate Policy Clearly With Visuals
When presenting your policy, use clear, accessible language and avoid complex legal jargon. This ensures comprehension across all levels of the organization, and not just among those with legal or technical expertise. Visual aids like images, graphs, charts, color coding, and other delivery methods can improve understanding and retention of the policy’s key elements.
4. Regularly Update AI Policies
Given the rapid pace of AI development, it is unrealistic to anticipate every outcome of its usage. Hence, AI policies should be seen as living documents, subject to revisions as new ethical considerations, technological advancements, and legal developments arise. Regular policy updates will enable companies to respond agilely to these changes, ensuring policy stays current and effective.
Framing the task of creating an AI policy as an extension of existing roles rather than an entirely new venture can help dispel any sense of unease. This mindset, combined with the aforementioned strategies, will allow for the construction of a flexible policy that ensures ethical and responsible use of AI.
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