Jones Walker On Responsible AI Use In Business

Driving business transformation through effective and responsible AI implementation.

At Jones Walker, we are bullish about harnessing the power of artificial intelligence (AI) to help Louisiana businesses operate, grow, and thrive. Moreover, AI creates new opportunities for economic development on a large scale.

We have seen first-hand how both small and medium-sized businesses and corporations are increasingly developing, procuring, and otherwise leveraging AI solutions to their benefit in quick fashion. However, adopting a formal AI policy that governs the use of AI solutions in the workplace is crucial to setting expectations and standards around the responsible, legal, and ethical use of this game-changing technology. Several key considerations can help in determining how your business should consider an AI use policy and governance strategy.

Industry Context. The industry in which a business operates will likely influence both the necessity and substance of an AI use policy. For example, highly regulated industries may require more robust AI governance that accounts for preexisting and emerging laws and regulations, and industries handling sensitive data may require more comprehensive AI policies to maintain compliance.

Use Case Assessment. The particular use cases for which a business expects to leverage AI tools should be addressed in any AI use policy. For example, customer-facing AI applications may require guidelines on transparency and explainability while demanding stricter oversight than other, lower-impact internal tools. Automated decision-making tools may require oversight to ensure fairness and to address potential bias. And applications that may process personal data require clear data handling instructions and adherence to applicable privacy standards.

Jurisdictional Considerations. AI governance laws and regulations are emerging across various jurisdictions. The location of deployment and use of AI tools, as well as the use of any AI output, may impact an AI use policy. US state laws may impose specific requirements, and cross-border AI use may require alignment with multiple regulatory frameworks.

Human Oversight.The role of human intervention and oversight is often a key aspect of any AI use policy. AI use policies may define clear escalation pathways for AI system decisions and document roles and responsibilities for monitoring. They may also establish review protocols for high-impact automated decisions, thresholds for mandatory human intervention, and guidelines to empower humans to override AI-based decisions.

Training and Competency. Businesses should carefully consider training requirements for AI systems operation, documentation of AI literacy programs, regular updates on AI capabilities and limitations, any certification requirements for AI system operators, and adherence to internal policies.

Bottom Line

If your business leverages AI in some capacity for operations, customer interactions, or regulated activities, a formal AI use policy can provide immediate benefit. Start with a risk assessment of your AI applications and build a policy framework that aligns with industry requirements, relevant jurisdictions, and organizational values and objectives.

Louisiana businesses are poised for a new era of growth with the support of AI, and we are excited to play a prominent role in ensuring standards around the responsible, legal, and ethical use of these solutions are established.

Visit Jones Walker's AI Law and Policy Navigator at ailawblog.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.