Generative AI (ChatGPT) Policies that Empower Innovation While Safeguarding Your Business

Unlocking the Future of Work: How HR Leaders Can Harness the Power of Generative AI While Navigating Risks and Uncertainties

In the rapidly evolving world of technology, generative artificial intelligence (GAI) is transforming the way businesses operate, bringing new levels of efficiency, innovation, and creativity to the workplace. Among the plethora of GAI applications, ChatGPT has emerged as an invaluable tool with over 100 million monthly active users, garnering attention from businesses, media, and the online community. From automating repetitive tasks to brainstorming novel solutions, GAI is truly redefining the way we work.

As HR professionals, it is crucial to stay ahead of the curve and adapt to this groundbreaking technology to leverage its immense potential while mitigating risks. Although GAI presents countless opportunities, it also comes with a myriad of legal, regulatory, and ethical challenges that businesses must navigate with caution. Ensuring compliance, maintaining confidentiality, and protecting intellectual property rights are just a few of the critical aspects that need to be addressed in the workplace.

In this blog post, we delve into a comprehensive GAI policy specifically designed for HR leaders. Our aim is to help you harness the power of GAI effectively, while safeguarding your organization from potential pitfalls. We will discuss the risks associated with using GAI in the workplace, and how you can establish clear guidelines and best practices to mitigate these risks. By adopting this policy, you can stay ahead of the game and foster an environment that seamlessly integrates GAI into your organization's DNA, all while staying compliant and minimizing exposure to liabilities. Let's dive in and explore the future of work with generative AI!

Simple Policy Example

Generative Artificial Intelligence (GAI) Workplace Policy:

Purpose:

This policy governs the use of generative artificial intelligence (GAI) applications, such as ChatGPT, by employees and contractors within the organization. The policy aims to balance the benefits of using GAI with potential risks to confidentiality, regulatory compliance, intellectual property, and other relevant concerns.

Policy:

Permitted Use:

• Employees and contractors are allowed to use GAI for tasks such as content generation, brainstorming ideas, and research assistance. Users should exercise caution to ensure that their use of GAI aligns with the organization's values and legal obligations.

Confidentiality and Privacy:

• Users must avoid inputting sensitive, confidential, or proprietary information, as well as personal information of employees, clients, or affiliates into GAI. Users should be aware that input data may be used for GAI training and could potentially be disclosed to other users.

Regulatory Compliance:

• Users must comply with applicable laws and regulations when using GAI, including but not limited to intellectual property laws, data privacy laws, and industry-specific regulations. Users should consult with appropriate legal counsel or management if they have questions about regulatory requirements.

Intellectual Property:

• Users should be aware that GAI-generated content may not be eligible for copyright protection, and they should exercise caution when claiming or assigning intellectual property rights for such content. When engaging with external partners or vendors, users should address GAI usage in development agreements to ensure clarity on intellectual property rights and responsibilities.

Quality Control:

• Users are responsible for verifying the accuracy, truthfulness, and appropriateness of GAI-generated content before using it in any final or published work product. Users should be vigilant in identifying any biased or discriminatory content and take steps to correct or address such issues.

Disclosure and Recordkeeping:

• Users should consider whether GAI-generated content should be identified as such when made public, disclosed to clients, or shared with business partners. Additionally, GAI interactions may be subject to discovery in litigation, and users should follow the company's document retention policy in managing GAI-generated content.

Training and Awareness:

• The organization will provide necessary training and awareness resources to ensure that users understand the power, risks, and appropriate use of GAI. Users are encouraged to report any concerns, issues, or feedback to the appropriate management or legal channels.

By implementing this policy, the organization acknowledges the potential benefits and risks associated with GAI and seeks to mitigate potential risks while empowering employees and contractors to leverage GAI responsibly and effectively.

Expanded Policy Example

Generative AI Policy for HR and InfoSec Leaders: Unleashing Innovation While Safeguarding Sensitive Information

Purpose:

This policy governs the use of generative artificial intelligence (GAI) applications, such as ChatGPT, by employees, contractors, and temporary staff members within the organization. The policy aims to balance the benefits of using GAI with potential risks to confidentiality, regulatory compliance, intellectual property, and other relevant concerns, while ensuring employee understanding and adherence to best practices.

Scope:

This policy applies to all employees, contractors, and temporary staff members who use GAI for work-related tasks.

Policy:

Permitted Use and Risk Assessment:

• Employees and contractors are allowed to use GAI for tasks such as content generation, brainstorming ideas, and research assistance. Before using GAI, users must assess the risks associated with each task, categorizing them as Prohibited, Authorized, or Permitted, and obtain the necessary authorization if required.

Confidentiality and Privacy:

• Users must avoid inputting sensitive, confidential, or proprietary information, as well as personal information of employees, clients, or affiliates into GAI. Users should be aware that input data may be used for GAI training and could potentially be disclosed to other users.

Regulatory Compliance and Consumer Protection:

• Users must comply with applicable laws and regulations when using GAI, including but not limited to intellectual property laws, data privacy laws, and industry-specific regulations. Users should consult with appropriate legal counsel or management if they have questions about regulatory requirements.

Intellectual Property and Contractual Obligations:

• Users should exercise caution when claiming or assigning intellectual property rights for GAI-generated content. When engaging with external partners or vendors, users should address GAI usage in development agreements to ensure clarity on intellectual property rights and responsibilities. Users must ensure they do not violate any contractual obligations when using GAI.

Quality Control and Internal Labeling:

• Users are responsible for verifying the accuracy, truthfulness, and appropriateness of GAI-generated content before using it in any final or published work product. GAI-generated content must be clearly marked with an easily identifiable label for internal review purposes.

Disclosure, External Transparency, and Recordkeeping:

• Users should consider whether GAI-generated content should be identified as such when made public, disclosed to clients, or shared with business partners. For high-risk GAI use cases, maintain a record of when the content was generated and the prompt used to generate it.

Training, Reporting, and Monitoring:

• The organization will provide necessary training and awareness resources to ensure that users understand the power, risks, and appropriate use of GAI. Users must report their GAI usage to a designated team responsible for maintaining an inventory of use cases and evaluating them based on established risk criteria. For certain higher-risk use cases, deploy monitoring tools to determine whether information was generated by GAI or other AI tools in violation of company policy.

Responsibilities:

Employees, contractors, and temporary staff members are responsible for adhering to this policy, completing mandatory training, assessing the risk associated with GAI tasks, reporting their usage, and ensuring compliance with contractual and legal obligations. Managers and supervisors are responsible for ensuring team members' training completion, monitoring compliance, and escalating any issues related to GAI usage.

Policy Enforcement:

Failure to comply with this policy may result in disciplinary action, up to and including termination of employment. In addition, violations may also lead to legal penalties if they result in breaches of contractual or legal obligations.

Policy Review:

This policy shall be reviewed and updated periodically to account for changes in technology, legal, and regulatory requirements, as well as industry best practices.

As HR leaders, it is crucial to foster a culture of innovation that harnesses the power of generative artificial intelligence applications like ChatGPT. These technologies have the potential to revolutionize the way we work, improving productivity and sparking creative breakthroughs. However, embracing this potential requires not only enthusiasm but also a measured approach to ensure smart integration and corporate responsibility.

The example policies shared in this blog serve as a starting point for organizations looking to adopt GAI technology. By addressing essential aspects such as risk assessment, confidentiality, regulatory compliance, and intellectual property, these policies provide a solid foundation for responsible GAI usage.

In closing, it is essential to recognize that the world of AI and its applications will continue to evolve rapidly. HR leaders must stay vigilant and adaptable, continually reviewing and updating their policies and procedures to keep pace with emerging developments. By combining a proactive approach with a strong commitment to balancing innovation and responsibility, HR professionals can help their organizations thrive in the ever-changing landscape of AI-powered business.

So, as you move forward, remember to embrace the power of generative AI technologies, but also remain mindful of the need to protect your organization and its stakeholders. With the right balance, your organization will be well-positioned to lead in this new era of AI-driven business success.