List privacy fact gaps before a commercial AI product is deployed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the deployment notes the lawyer supplies, list the categories of personal information, the purposes, whether sale or sharing is described, the retention stated, and any security measure the notes name. Mark an item not stated when the notes are silent. Decide nothing about whether deployment is lawful.
- What the lawyer must review
- Civil Code section 1798.100(a) requires a business that controls collection to inform the consumer, at or before collection, of the categories, the purposes, whether the information is sold or shared, the sensitive-information categories where relevant, and the retention period or the criteria used to set it. The business must not collect additional categories, or use information for an incompatible purpose, without notice consistent with the section. Subsection (c) requires collection, use, retention, and sharing to be reasonably necessary and proportionate to the disclosed purpose or another disclosed compatible purpose. Subsection (e) requires reasonable security procedures and practices appropriate to the nature of the information, in accordance with section 1798.81.5, which was not opened. The gap list is not the notice and it is not a finding that deployment complies. Opinion 512 and Model Rule 1.6: the notes can be client and consumer information.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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.
- 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.