Compare a provider's terms on storage, training and who else sees the inputs
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract the provider's clauses on retention, training or improvement of a model, subprocessors, and whether inputs can affect answers given to other users. Quote the clause and the page. Do not conclude that the terms are safe.
- What the lawyer must review
- Formal Opinion 512: informed consent, when required, includes who will have access to information relating to the representation. D.C. Opinion 388 says lawyers should determine whether the product saves what they provide and whether that interaction affects later answers to other users, and that clients ordinarily should not be asked to consent to a provider privacy policy that trains on client information. Texas Opinion 705: understand how the product works before client information goes in. Read the current terms yourself.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information and preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Protocol before using a self-learning generative AI tool (United States) | Checklist | AI use Yellow | A check before anyone puts information relating to a representation into a generative AI tool that may learn from inputs or reveal them in later output, including to someone behind an ethical wall. |
Signed-in accounts can read the full text of each one. All precedents.