The Sedona Conference^® (TSC) WG1 group is forming a brainstorming group on discoverability and admissibility of GenAI-related data!

Organizations have been rapidly adopting generative AI tools such as Microsoft Copilot, Google Gemini, and Chat-GPT, which in turn has created a whole new set of GenAI Data. At the same time, legal professionals are using GenAI technology to perform document review related tasks such as classification for responsiveness and privilege, which also contains GenAI Data.

That’s why The Sedona Conference Working Group 1 on Electronic Document Retention and Production (WG1) is forming a new brainstorming group tasked with evaluating the legal and practical considerations for discovery and admissibility of Generative AI (GenAI) grounding/training data, prompts, inputs, and outputs (collectively, GenAI-related data).

The Brainstorming Group will be tasked with exploring both the legal and practical implications of disclosing GenAI Data and using it in court proceedings, with a focus on its discoverability under the Federal Rules of Civil Procedure (FRCP), admissibility under the Federal Rules of Evidence (FRE), and any resulting privacy and privilege implications. A detailed description of brainstorming group members, and the required application process can be found here.

The deadline for submitting an application to participate is September 23.

If you are not currently a Working Group Series member but are interested in participating, you can sign up on the Sedona Conference website. Registered members are eligible to participate in activities of all Working Groups, including WG1. Employees of members of the Technology Resource Panel are also eligible to apply. More information about the TRP can be found here.

The WG1 working group has been very busy lately, having published four notable commentaries in less than six months: 1) publishing the public comment version of the Commentary on Discovery of Collaboration Platforms Data in early April, 2) publishing the public comment version of the Commentary on Discovery of Mobile Device Data in mid-May, 3) publishing the public comment version of the Commentary on Addressing Databases in Civil Discovery in early July and 4) publishing the public comment version of the Primer on the Electronic Discovery Implications of the Internet of Things (IoT).

Addressing discoverability and admissibility of GenAI-related data sounds like another terrific initiative for the WG1 working group – a topic that I’ve heard a lot of discussion about lately. It will be interesting to see what will come out of the new brainstorming group!

So, what do you think? Do you think our industry needs to address discoverability and admissibility of GenAI-related data? Please share any comments you might have or if you’d like to know more about a particular topic.

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