Why It’s Time to Preserve Generative AI Prompts and Outputs
These tools create unique records that may carry legal and compliance obligations, especially in discovery and litigation. Businesses should now be asking whether GAI outputs qualify as official records and how to adapt existing information governance frameworks accordingly.
Each AI tool stores and processes data differently, and organisations need to understand where this data resides and how long it will be retained. In a recent U.S. court case, the handling of AI-generated prompts became a critical legal issue, demonstrating how vital it is to plan ahead. Preservation strategies, including updated retention schedules and legal hold policies, should reflect the evolving nature of GAI.
To ensure compliance, legal and information governance professionals must be involved early in the adoption of AI tools. They can advise on how to protect confidentiality, ensure data is retrievable, and integrate new data types into existing frameworks. Training is also essential. Without user education, organisations risk generating unreliable or inaccurate outputs that may be discoverable and problematic in legal proceedings.
Ultimately, the key to managing GAI in corporate and legal environments is a proactive and informed approach. This includes identifying where data is stored, reviewing outputs for accuracy, and updating governance protocols. As the use of generative AI expands, building strong foundations in preservation and compliance will be critical to ensuring both legal defensibility and business value.