Place AI-tool facts under the breach elements and write no notice
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Place each fact the log already states about prompts, outputs, or logs under acquisition, encryption or key, personal information, and discovery date. Write no conclusion and no notice.
- What the lawyer must review
- Section 1798.82(a) requires disclosure to a California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, and in the encryption case where the key or security credential was also acquired. Disclosure is generally due within 30 calendar days of discovery or notification. Subsection (g) defines a breach as unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information. Good-faith acquisition by an employee or agent for the business is not a breach if the information is not used or subject to further unauthorized disclosure. Whether prompts or outputs meet that definition is your decision. You write any notice. The notice title and headings, and the Attorney General sample when more than 500 California residents are notified, are in the section and are not drafted here. Subdivision (h), the personal-information list, was not fully read. Open it before you decide that an element is personal information.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| 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.
- 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.