As artificial intelligence tools, such as ChatGPT, continue to evolve and become more commonplace, many trade and professional associations are turning to AI technology to enhance their operations and decision-making processes and benefit their members. However, as with any emerging technology, the use of AI by associations raises several important legal issues that must be carefully considered and worked through. Here are five of them:
Data privacy. One of the primary legal issues associated with the use of AI by associations is data privacy. AI systems rely on vast amounts of data to train and improve their algorithms, and associations must ensure that the data they collect is used in accordance with applicable federal, state, and international privacy laws and regulations. Associations must be transparent with their members about how their data will be collected, used and protected; they must obtain the necessary member consents to use and share sensitive data. Remember that data, such as confidential membership information, that is inputted into an AI system will no longer remain confidential and protected and will be subject to the AI system’s most current terms of use/service. As such, associations should not allow its staff, volunteer leaders or other agents to input into an AI system any personal data, data constituting a trade secret, confidential or privileged data or data that may not otherwise be disclosed to third parties.
Intellectual property. Intellectual property is a key legal issue that associations must consider when using AI. AI systems can generate new works of authorship, such as software programs, artistic works, articles and white papers. That means associations must ensure that they have the necessary rights and licenses to use and distribute these works, as well as being transparent about who or what created such works.
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