A new year brings new AI obligations

Courts are beginning to determine how companies should consider retaining outputs generated by GenAI tools. As organizations expand their use of AI systems, understanding these emerging obligations will be essential. A court’s recent rulings in the In re: OpenAI litigation offer some of the clearest direction so far. In that case, the Court found that the GenAI outputs were discoverable records that were responsive and subject to preservation obligations, and ordered OpenAI to produce 20 million de-identified ChatGPT logs as part of discovery. In doing so, the Court found that, the sample was both relevant and proportional, and overruled OpenAI’s privacy and burden objections. These recent decisions highlight the need for companies to review and potentially reassess or create new data governance processes, policies and guidance related to GenAI usage.

Read the full article, "New year, new AI obligations: Here’s what you need to know about recent GenAI data preservation decisions."