Organizations need to consider the new potential categories of business records they are creating and retaining as they integrate AI tools into their daily business workflows. Indeed, interactions with tools such as AI chatbots create chat logs, summaries, and other AI-generated information that may qualify as business records, and organizations need to consider these records to fully comply with their record retention and eDiscovery obligations. Organizations that fail to consider AI-generated information in their retention strategies face legal and financial exposure for improperly retaining yet another type of information.
To mitigate these risks, organizations need to incorporate information generated in relation to AI into their overall data retention strategy. Organizations should be proactive by considering the type of information generated by interacting with AI, e.g., prompts and output, to facilitate the proper retention and disposition of such data. Further, tools that organizations already use for compliance, such as Microsoft Purview, are increasingly focusing their capabilities on information generated from interactions with AI. As always, organizations should also closely enforce permissions and create policies related to AI prompting to ensure information generated by AI is not increasing information-related exposure in an unacceptable manner.
If your organization is seeking support with information governance, our team offers solutions to help clients maximize the value of their information assets while minimizing the associated costs and risks. At CODISCOVR, we deliver client-focused, defensible solutions that are tailored to each organization’s specific needs. Reach out to Nicholas Berenato, Information Governance Principal, CODISCOVR. Nick is an attorney who collaborates with clients to mitigate legal and financial risks associated with their information assets through effective information governance. He develops strategies and policies to enable clients to effectively manage their data in a manner that minimizes costs and allow clients to leverage their data to support their business processes.
