NetApp’s Beth O’Callahan: In-house counsel can and should play a key role in business enablement

The chief admin officer also explains why regulation always lags behind tech’s progress

NetApp’s Beth O’Callahan: In-house counsel can and should play a key role in business enablement
Elizabeth O’Callahan

Last week, NetApp’s executive vice president, chief administrative officer and corporate secretary, Elizabeth O’Callahan, shared with Australasian Lawyer what she considers to be the top three risks AI poses to the legal profession and discussed the challenges in-house lawyers face in relation to AI adoption. In the second half of this interview, O’Callahan explains why AI regulation has been so sluggish compared to the pace of technological developments, and why in-house counsel are key not only to risk mitigation but also to business enablement.

 

Why do you think AI regulation has been so slow to catch up to the tech’s progress?

It has always been the case, and will always be the case, that technology leads and regulation follows at a considerable lag. Regulation is inherently deliberative, while development of AI technology, like all technologies, moves at an incredibly rapid pace. In the case of AI, governments in Australia and around the world are grappling with the right balance to encourage innovation while addressing concerns around privacy, property ownership, bias, and safety.

Regardless of the regulatory environment, businesses still need to ensure they have their own internal principles and governance structures for responsible AI use.

What can in-house lawyers do to better help protect their organisations?

In-house counsel can and should play a key role not just in risk mitigation, but in business enablement as well. A few very practical areas for consideration are:

  • Invest in education and upskilling, so legal teams can be partners to the business on AI. This also helps to create an environment where safe experimentation is encouraged and celebrated.
  • Embed data governance into AI conversations by partnering with business leaders, developers and IT teams on areas like data classification, retention, and access controls.
  • Create internal governance guidelines for what responsible AI use looks like and set clear policies on acceptable use, IP ownership, data handling, model selection, vendor due diligence and incident response.

Where do you see legal AI going in five years’ time?

The opportunity for disruption, professional development, efficiency gains, and improved quality and consistency is incredibly exciting. In five years’ time, how we work and what human intelligence delivers versus artificial intelligence will look very different from what it does today. AI will reshape how lawyers work and enable them Ato focus more on proactive guidance, legal strategy and enterprise leadership.