List the confidentiality and verification questions for a charity AI policy
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the questions a policy would have to answer about consent before client information is entered, about storage, and about how output is checked. Write no policy sentence.
- What the lawyer must review
- You write the policy. Model Rule 1.6(a) and (c) are the confidentiality duties, and ABA Formal Opinion 512 requires informed consent before client information goes into a tool that will not keep it confidential, and an appropriate degree of independent verification. The opinion gives, as an example of that verification, testing the tool on a smaller subset by manually reviewing those documents, comparing them with the tool's output, and finding the output accurate. Model Rule 1.1 requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation, and comment 8 says a lawyer should keep abreast of the benefits and risks of relevant technology. For a section 501(c)(3) organisation, a policy that lets a tool publish campaign or legislative material also has to be read against the operational test in Treasury Regulation § 1.501(c)(3)-1(c). No state nonprofit-governance statute was opened.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
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.