AI Chain-of-Custody
Definition: AI chain of custody refers to the documented record of how legal data is collected, processed, handled, stored, and used within an artificial intelligence workflow. In law practice, it ensures that client information, case files, and evidence processed by AI tools can be traced from input to output. It confirms that no unauthorized access or modification occurred during AI processing.
Example
A law firm uploads discovery documents into an AI review system. The system logs when the files were uploaded, who accessed them, how the content was processed, what models touched the data, and what outputs were generated. If a dispute arises over confidentiality or data integrity, the firm can show an auditable record that the data never left controlled environments.
Why It Matters?
Lawyers must prove the integrity of systems that touch client data. Courts and regulators increasingly expect proof that AI systems maintain confidentiality, security, and evidentiary integrity. Clear chain of custody protects privilege and reduces malpractice risk. It also builds client trust and defends the firm if an AI workflow is challenged.
How to Implement?
- Maintain logs showing when and where case data enters and leaves AI systems
- Require vendor guarantees that data is encrypted at rest and in transit
- Store processing logs and access trails for audit purposes
- Prohibit AI vendors from training on firm data without written approval
- Build internal policies documenting AI workflow controls and accountability procedures