The easy advice for CIOs is to disclose precisely what information is being collected and how it is being used. The problem: with GenAI, it’s sometimes not clear.
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A lawsuit against retailer Patagonia, which the plaintiffs hope to eventually get certified as a class action, is raising a variety of privacy and data leakage issues from the company’s use of generative artificial intelligence (GenAI) in its customer service organization.
The problem is, CIOs are required to disclose all data being collected and how it is being used. However, with GenAI, CIOs today simply cannot know either of those things with any certainty. That makes corporate counsels very nervous.
The GenAI situation at issue involves three distinct players: the enterprise (in this litigation, that would be retailer Patagonia), a third party (here that would be Talkdesk, a cloud-based contact center vendor leveraging AI), and whatever AI products are being used by …