As artificial intelligence (AI) rapidly becomes a ubiquitous presence in organizations across industries, legal professionals are faced with the complex challenge of drafting policies that foster innovation while mitigating legal and ethical risks.
In the recent webinar, "Everyone is Using AI - Now What?" hosted by Axiom, a panel of legal experts shared valuable insights on best practices for AI policy drafting. The panelists included:
- Zoila Mana Harpin, Former Partner at Axiom Advice and Counsel
- Anita Padmanabhan, Privacy and Commercial Counsel at Axiom
- Phillip Wolf, Global Data Protection Council Product and Policy at Palantir
What did the webinar reveal? Five key takeaways:
- The growing importance of AI governance
- Leveraging existing privacy frameworks
- Engaging stakeholders across the organization
- Balancing innovation and risk mitigation
- Adopting a practical approach
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The Growing Importance of AI Governance
The webinar kicked off with a striking statistic from Axiom’s latest GC survey report: 74% of respondents said that their organizations are either using AI or planning to use AI within the next 12 months. Harpin also noted that AI governance had jumped from being the 9th priority in organizations in 2022 to the second highest priority in 2023 when compared to Axiom’s previous survey results. This rapid shift underscores the urgent need for companies to establish robust AI governance frameworks.
Wolf emphasized the complexity of the current AI landscape, stating, "AI is not new, but the AI act and everything that comes hand-in-hand with it, be it in the EU or be it in the US, that is. And it’s really complex." As organizations navigate this new terrain, legal professionals play a crucial role in guiding them toward effective AI policy drafting.
Leveraging Existing Privacy Frameworks
One of the key takeaways from the webinar was the importance of leveraging existing privacy frameworks and policies when drafting AI policies. Padmanabhan advised, "The best way to prepare yourselves to implement AI processes or make sure that your AI processes are in good stint from a regulatory perspective is to take a look at your privacy program."
To build a solid foundation for AI governance, the panelists suggest considering the following actionable steps:
- Assess the maturity and robustness of your current privacy program
- Identify relevant stakeholders from legal, privacy, information security, HR, procurement, and other departments to provide input
- Integrate AI considerations into existing data privacy policies and frameworks
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Engaging Stakeholders Across the Organization
Effective AI governance requires the active involvement of stakeholders across the organization. Wolf highlighted the importance of defining the AI organization a company wants to have and the goals it aims to achieve. He suggested considering the following questions:
- What structures do we have in place that we can leverage for AI governance?
- What are our specific goals related to AI adoption and innovation?
- What resources, including workforce and budget, do we need to achieve these goals?
To engage stakeholders effectively, the speakers posed the following tips:
- Establish regular touchpoints between legal, product development, and procurement teams.
- Assign legal professionals to interface with product teams and stay informed about AI-related developments.
- Foster open communication and collaboration to find solutions that balance innovation and risk mitigation.
Balancing Innovation and Risk Mitigation
Striking the right balance between fostering innovation and mitigating legal and ethical risks is a critical challenge in AI policy drafting. Wolf advised considering the following approaches to navigate this balance effectively:
- Implement human oversight and decision-making for high-impact AI processes.
- Establish clear guidelines and guardrails for AI usage within the organization.
- Regularly assess and monitor AI systems for potential risks and unintended consequences.
Adopting a Practical Approach
Finally, the panelists emphasized the importance of adopting a practical approach to AI policy drafting. Padmanabhan noted, "I think that a practical approach is needed. You can have a maturity level of your program that is quite high like the best standard. But what is your business?"
To adopt a practical approach, the panelists shared the following recommendations:
- Tailor AI policies to your organization's specific industry, data practices, and risk profile.
- Focus on achieving good practice rather than striving for perfection in the face of uncertainty.
- Leverage existing frameworks like NIST and OECD guidelines as starting points, rather than reinventing the wheel.
Conclusion
As organizations increasingly adopt AI and generative AI tools, the role of legal professionals in drafting effective AI policies has never been more critical. By leveraging existing privacy frameworks, engaging stakeholders across the organization, balancing innovation with risk mitigation, and adopting a practical approach, companies can navigate the complex AI landscape with greater confidence and success.
To learn more about the insights shared in this article, we invite you to watch the full "Everyone is Using AI - Now What?" webinar on-demand. If your organization needs legal talent with experience in AI policy drafting, Axiom has a pool of over 200 lawyers ready to support your AI-related legal needs. Contact Axiom today to learn more about how our knowledgeable legal professionals can help you tackle the challenges and opportunities of AI adoption.
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