Ethical Considerations and Use of AI to Identify Personal Health Information

Presented by

Mallory Acheson – Head of Analytics & Lucie Cohen – Partner Nelson Mullins

About this talk

On trend with the recent uptick in the use of artificial intelligence (AI) in the legal industry and the rise in privacy concerns, we will address ethical duties surrounding the use of AI, specifically for identifying personal information within a dataset. 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.

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