AI and professional confidentiality: preparing controlled use in a firm
Choosing a tool starts with a simple question: what information will leave the firm's environment?
Follow the document
A note may seem routine until it reveals a client's name, medical information or a transaction amount. Before submitting a document to an AI service, establish what information it contains and where it will be processed.
Assess the exact service and configuration. Two plans from the same supplier may have different terms. A marketing statement about privacy does not necessarily describe request retention, technical access or subcontractors.
The data questions remain
In Opinion 28/2024, the European Data Protection Board considers, among other issues, when an AI model can be regarded as anonymous. This requires a case-by-case assessment. Using AI does not make data protection questions disappear.
For the firm, distinguish preparation of the document, processing by the service and retention of the output. Each stage may involve different people, access rights and retention periods.
Reduce information before sending it
A fictional document is often enough to test a method. When discussing the structure of a clause, identifying details may sometimes be removed. Consider indirect clues too: an unusual account of events can identify a person without naming them.
Keep any necessary correspondence between identifiers within the firm's designated environment. Reducing data is a working practice to organise. It does not, by itself, guarantee compliance or protection of professional confidentiality.
Ask for documented answers
Before approving a use, have the appropriate people examine contractual terms, processing locations, retention, access and possible transfers. Clarify deletion and incident handling too.
These questions apply to every solution, including an offering from Mashaah LLC. A developer contributes usefully to legal AI by giving firms the information needed to assess a specific use. A broad promise cannot replace that assessment.
Make the process manageable
A practical instruction might distinguish demonstration documents, public material and files requiring approval. It should identify who can answer questions and how to report an accidental submission. An overly complicated route can leave real practices far from the written procedure.
The aim is twofold: use AI where it helps and avoid making every team member improvise their own rules. Clear organisation makes trials easier to manage and new uses quicker to assess.
Sources and references
General information. Application to a matter depends on its facts and the rules in force.
