Partner Lucie Cohen and Head of Analytics Mallory Acheson gave a webinar for the Electronic Discovery Reference Model (EDRM) on the ethical questions that come into play when artificial intelligence is used to identify personal health information. EDRM is a resource organization that aims to empower global leaders in e-discovery. The webinar was held on July 29 at 1 p.m.
Cohen and Acheson addressed ethical duties surrounding the use of AI, specifically for identifying personal information within a data set. The legal tech community has seen a rise in technologies designed to not only identify PHI and PII within a data set, but claiming to have the capability to automatically redact, pseudonymize, and even create notification lists for data breaches. While these technologies offer significant efficiencies and cost savings, they raise questions regarding how much knowledge, supervision, and reliance may be given, implicating multiple ethical considerations, including MRCP Rule 1.1 regarding attorney competence (specifically comment 8 on knowledge of risks and benefits with technology), Rule 1.6 surrounding confidentiality requirements, Rule 5.1 regarding attorney duties of supervision, and ABA and other state ethics issued guidelines.
Wednesday, July 29, 2020
1 p.m. EDT
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.