Navigating the AI Landscape: Guidance for Employers from TLD Law

Embracing Generative AI: Is Your Firm’s Employee Handbook Up to Date?

Generative artificial intelligence (GAI), exemplified by technologies like ChatGPT, is swiftly transforming the modern workplace. These changes usher in a set of legal considerations, and here at TLD Law, we are at the forefront of advising our clients on how to navigate this evolving landscape. This article delves into the primary challenges and offers insights into how to effectively frame workplace policies around GAI.

Understanding GAI’s Role in Today’s Work Environment At its core, GAI is rooted in advanced algorithms, notably large language models, that craft content in response to user queries. This could be text, imagery, code, or even video simulations. Drawing from colossal data reservoirs online, GAIs like ChatGPT and DALL-E not only process information but also establish intricate connections between data points.

Its versatility is evident from its expansive use cases – from content generation to drafting official communication, simplifying intricate documentation, fact-checking, and even in core business processes such as marketing and customer support.

TLD Law’s Insight on Potential GAI Risks at Work Though GAIs can bolster efficiency, they’re not devoid of pitfalls:

• Accuracy and Bias Issues: GAI predictions depend heavily on its training data. Despite often generating coherent content, there’s potential for the output to be skewed, biased, or simply false. It’s notable, for instance, that ChatGPT’s knowledge reservoir doesn’t encompass events post-2021.
• Ethical Concerns: The nascent nature of GAIs means that their ethical boundaries aren’t entirely known. Outputs might inadvertently propagate biases, overlook societal norms, or even undermine moral values.
• Privacy Risks: User inputs, or prompts, given to GAIs might be leveraged by developers to refine their models. Embedding personal details in these prompts could inadvertently breach privacy protocols.
• Confidentiality and Trade Secrets: There’s a tangible risk that any proprietary data entered into GAIs could be accessed by third parties, thus undermining its confidentiality.
• Intellectual Property and Copyright: The use of GAIs may raise concerns about copyright violations, especially when GAI tools use copyrighted data for training. Plus, there are potential challenges related to establishing copyright for AI-generated content.
• Regulatory Compliance: Agencies like the FTC emphasize that consumers must know when they’re interacting with bots versus humans. Further, as GAI technology advances, regulatory landscapes too are shifting, necessitating constant vigilance.
• Potential Defamation: GAI-produced content might inadvertently be slanderous, offensive, or contravene organizational guidelines.
• Industry-specific Guidelines: Industries with stringent regulations, such as legal services, must be particularly cautious about GAI tool usage to ensure compliance with professional standards.

TLD Law’s Recommendations for Employers Drawing from our vast experience, we propose the following best practices:

1. Incorporate Comprehensive GAI Policies: Policies around personal device or social media usage have become the norm. Similarly, clearly demarcated guidelines around GAI are essential. These should illuminate permissible use-cases, inherent risks, and set explicit boundaries.
2. Routine GAI Usage Audits: Regularly update an inventory of GAI tools in use within the organization. High-risk applications should be meticulously recorded.
3. Mandate Employee Training: Equip your workforce with the knowledge of GAI’s potential risks and the firm’s stance on its usage.
4. Stay Updated on Regulatory Shifts: Given the dynamic nature of GAI-related legislation, periodic reviews of legal obligations and potential compliance risks are imperative.

For bespoke advice and policy formulation assistance, reach out to our dedicated employment and AI advisory team at TLD Law.