In this episode of the Future Proof HR podcast, Jim sits down with Lindsay Castro, General Counsel and Vice President of Human Resources at HCM Unlocked, to talk about how organizations can build AI governance that employees can understand and use in practice.
Lindsay explains why AI tools will continue moving faster than policies, regulations, and legal precedent. Instead of freezing or banning every new tool, she recommends starting with an inventory of how AI is already being used, assessing the data and platform risks, and giving employees clear examples of what is and is not allowed.
The conversation covers confidential information, human review, discoverability, vendor contracts, embedded AI features, biometric data, and the risks of allowing AI-generated recommendations to influence people's decisions without proper oversight. Lindsay also shares how HCM Unlocked uses cross-functional ownership, tiered risk assessments, approved-platform controls, and employee feedback to govern new AI tools.
The central takeaway is that a policy alone is not governance. Organizations need clear ownership, a repeatable approval process, employee education, and a living playbook that can change as technology, business needs, and legal requirements evolve.
Topics Discussed:
If you are an HR, legal, compliance, or technology leader trying to support responsible AI use without stopping experimentation, this episode offers a practical framework for creating guardrails people can actually follow.
Additional Resources:
It's still a computer right?
2
00:00:01,849 --> 00:00:05,159
So it may give you an answer that
sounds authoritative but it could
3
00:00:05,159 --> 00:00:07,459
be the wrong information isn't it?
4
00:00:07,469 --> 00:00:09,009
It could be outdated, right?
5
00:00:09,519 --> 00:00:12,379
The tools don't wait
for the policy, right?
6
00:00:12,389 --> 00:00:15,049
The tools are not waiting for
the precedent or the case law
7
00:00:15,399 --> 00:00:19,229
if it shouldn't be shared publicly,
it shouldn't go into AI, right?
8
00:00:19,709 --> 00:00:23,049
Speaker 3: The pace of change
when it comes to AI is at a level
9
00:00:23,049 --> 00:00:26,019
where it's very difficult for a
lot of organizations to keep up.
10
00:00:26,639 --> 00:00:31,409
And When you're looking at the pace
of change being at that level, it's
11
00:00:31,409 --> 00:00:35,509
gonna be even more challenging to
establish guardrails and establish a
12
00:00:35,509 --> 00:00:37,359
foundation that you can operate from.
13
00:00:37,919 --> 00:00:39,459
So how do you actually tackle that?
14
00:00:39,469 --> 00:00:44,739
How do you build a compliance
environment when the technology
15
00:00:44,739 --> 00:00:48,949
is new, the pace is fast, and
there are a lot of open questions?
16
00:00:49,269 --> 00:00:52,569
That's what we're gonna actually
tackle in today's conversation.
17
00:00:52,929 --> 00:00:56,609
We're gonna examine what you need to
consider when you're thinking about
18
00:00:56,609 --> 00:01:01,699
your AI initiatives from a platform
perspective, from a legal perspective,
19
00:01:01,709 --> 00:01:06,179
from a compliance perspective, and from
an ownership and governance perspective.
20
00:01:06,179 --> 00:01:11,039
And we're gonna dig into all of it
and share some best practices on how
21
00:01:11,039 --> 00:01:17,030
you can set your organization up for
success even in the face of rapid change.
22
00:01:17,350 --> 00:01:19,149
So who's gonna guide us
through that conversation?
23
00:01:19,149 --> 00:01:20,660
Today we have Lindsey Castro,
24
00:01:20,710 --> 00:01:25,360
who is the General Counsel and the
VP of Human Resources at HCM Unlockd.
25
00:01:26,789 --> 00:01:31,440
Lindsey holds the dual executive role,
and she oversees both the legal and people
26
00:01:31,440 --> 00:01:35,660
functions of a high-growth consulting
firm with over 170 remote employees
27
00:01:35,660 --> 00:01:37,360
across the US and internationally.
28
00:01:37,710 --> 00:01:40,770
She's a Buffalo native and
earned her JD from the University
29
00:01:40,770 --> 00:01:41,950
of Buffalo School of Law,
30
00:01:42,190 --> 00:01:46,701
where she was recognized for academic
excellence She's built her career advising
31
00:01:46,701 --> 00:01:52,031
C-suite leaders on everything from
corporate governance and M&A transactions
32
00:01:52,031 --> 00:01:53,951
to employment law and SEC filings.
33
00:01:54,281 --> 00:01:59,321
She's a member of the GC Collective, an
invitation-only peer community elevating
34
00:01:59,321 --> 00:02:02,091
general counsels, as executive leaders.
35
00:02:02,461 --> 00:02:06,831
And outside of her day job, Lindsay gives
back to her community that she calls home,
36
00:02:07,071 --> 00:02:12,271
Serving on the boards of Literacy Buffalo
Niagara, the Canisius University Alumni
37
00:02:12,271 --> 00:02:15,961
Board, and the UB Law Alumni Gold Group.
38
00:02:21,028 --> 00:02:22,218
Jim: Lindsay, welcome to the show
39
00:02:22,532 --> 00:02:23,612
Lindsay Castro: Thank you for having me
40
00:02:24,300 --> 00:02:27,930
Jim: So this is gonna be a pretty fun
conversation and, depending on who
41
00:02:27,930 --> 00:02:31,930
you are, it may or may not be fun,
but you're an attorney and a CHRO,
42
00:02:31,940 --> 00:02:34,220
so you have two hats that you wear.
43
00:02:34,530 --> 00:02:38,530
So I'm looking forward to a really
interesting conversation, both from a
44
00:02:38,530 --> 00:02:43,820
people lens and also a compliance lens,
which your JD background falls into.
45
00:02:44,200 --> 00:02:47,710
So I think one of the key things
that we'll be talking about is
46
00:02:48,540 --> 00:02:54,390
you set up, a strong foundation of
compliance, as you think through
47
00:02:54,390 --> 00:02:56,829
your AI launches and AI initiatives.
48
00:02:57,110 --> 00:03:00,210
But before we get into all of that,
I think it's important for you to
49
00:03:00,250 --> 00:03:03,350
set the stage and tell us a little
bit about the landscape of the
50
00:03:03,350 --> 00:03:06,270
organization and your background and
how all of those things fit together
51
00:03:07,174 --> 00:03:07,574
Lindsay Castro: Yeah.
52
00:03:07,574 --> 00:03:07,954
Okay.
53
00:03:07,954 --> 00:03:08,474
let's see.
54
00:03:08,484 --> 00:03:12,534
So HCM Unlocked is the organization
that I am lucky enough to work with
55
00:03:12,584 --> 00:03:15,414
as their GC and their VP of HR.
56
00:03:15,414 --> 00:03:22,284
we are a managed services and consulting
firm, so we handle payroll, HR, benefits,
57
00:03:22,304 --> 00:03:24,654
compliance, data governance, all of it.
58
00:03:25,103 --> 00:03:29,024
we sit inside of our clients' payroll,
their HR, their benefits, and their
59
00:03:29,024 --> 00:03:34,204
compliance environments, and we run those
operations for them or alongside them.
60
00:03:34,644 --> 00:03:37,744
So in addition to having our
own proprietary kind of data
61
00:03:37,744 --> 00:03:41,853
validation processes, we clean
data, we do system migrations.
62
00:03:42,174 --> 00:03:45,853
we're very engaged when it comes
to not only our own systems,
63
00:03:45,853 --> 00:03:46,894
but those of our clients.
64
00:03:47,293 --> 00:03:50,404
it's a very unique and interesting
space in which to operate, right?
65
00:03:50,444 --> 00:03:51,714
In both of those roles.
66
00:03:51,774 --> 00:03:57,164
And what's really interesting is that
in managing the HR operations, for
67
00:03:57,634 --> 00:04:02,534
this company and assisting others who
are navigating outside entities' HR
68
00:04:02,534 --> 00:04:06,354
operations, we really have to make sure
that our policies, including those for
69
00:04:06,494 --> 00:04:10,574
AI, will work across every organization
for every client that we support.
70
00:04:10,944 --> 00:04:15,574
So that's really the basis of a lot
of what we do and how we frame it
71
00:04:16,224 --> 00:04:19,964
Jim: So it's interesting, the spaces
that you occupy in managed services
72
00:04:19,964 --> 00:04:24,204
and consulting, and you have to balance
not only your internal compliance
73
00:04:24,224 --> 00:04:27,064
and policies, but you also have
to do that for external clients.
74
00:04:27,414 --> 00:04:32,924
the thing that I'm curious about is what
happens when you encounter conflict,
75
00:04:33,284 --> 00:04:37,754
between your internal policy and a
client's internal policy and you're
76
00:04:37,754 --> 00:04:42,774
trying to set up the common ground,
for moving forward on an engagement
77
00:04:43,424 --> 00:04:44,814
Lindsay Castro: That's
an interesting question.
78
00:04:44,874 --> 00:04:49,704
So it's tricky because while I can
provide direct guidance internally
79
00:04:49,704 --> 00:04:53,534
to our employees and the consultants
navigating our client relationships,
80
00:04:53,834 --> 00:04:57,784
we have to be respectful to a degree
of the client's own policies and the
81
00:04:57,784 --> 00:05:01,534
way that they are navigating, all sorts
of compliance matters in their world.
82
00:05:01,864 --> 00:05:04,524
So we offer up enough training.
83
00:05:04,524 --> 00:05:07,554
We really work diligently to,
to offer up training to our
84
00:05:07,554 --> 00:05:09,394
internal employees to equip them.
85
00:05:09,784 --> 00:05:13,154
but we also, as a part of that
training, help them understand that
86
00:05:13,154 --> 00:05:16,804
sometimes the answer will be, "Here
is what we would recommend," right?
87
00:05:16,804 --> 00:05:18,584
Or, "Here is how we have seen this occur."
88
00:05:18,944 --> 00:05:21,704
but not necessarily to demand it, right?
89
00:05:21,744 --> 00:05:25,564
And certainly never to step into,
providing financial or legal
90
00:05:25,564 --> 00:05:29,114
advice that, would be perceived
as giving them that direction.
91
00:05:29,114 --> 00:05:32,854
So a lot of times it's giving them
the option of best practices, giving
92
00:05:32,854 --> 00:05:36,683
them information, and allowing the
client to decide how best to proceed
93
00:05:37,334 --> 00:05:40,433
Jim: So I like what you said in
terms of not offering legal advice,
94
00:05:40,433 --> 00:05:44,144
but giving best practices or sharing
best practices and recommendations.
95
00:05:44,144 --> 00:05:45,624
that's a good frame of reference.
96
00:05:45,914 --> 00:05:49,334
I guess the area that I'm thinking
about, especially with our show being,
97
00:05:49,384 --> 00:05:58,188
an AI and HR show, is everything about
AI is new, so best practices haven't
98
00:05:58,248 --> 00:06:02,528
necessarily been defined well enough
for you to offer those recommendations.
99
00:06:02,948 --> 00:06:08,478
And when you're thinking about advising
clients or even thinking about your
100
00:06:08,478 --> 00:06:14,428
own internal HR, and AI policies,
what are some of the considerations
101
00:06:14,458 --> 00:06:18,457
that you have high on your list that
other HR leaders should be thinking
102
00:06:18,468 --> 00:06:23,178
about when-- before they even start
launching a formal AI initiative?
103
00:06:23,828 --> 00:06:27,098
Lindsay Castro: It's a very layered
question, and I completely agree with you.
104
00:06:27,188 --> 00:06:31,148
the tools-- what we've come to find is,
to your point, with everything developing
105
00:06:31,148 --> 00:06:37,138
in real time, on both the legal side
and the HR side when it comes to AI, the
106
00:06:37,138 --> 00:06:39,848
tools don't wait for the policy, right?
107
00:06:39,858 --> 00:06:42,518
The tools are not waiting for
the precedent or the case law.
108
00:06:42,868 --> 00:06:46,168
So it requires a formal inventory, right?
109
00:06:46,198 --> 00:06:47,998
Of going in and saying,
"What are we using?
110
00:06:47,998 --> 00:06:49,138
What do we want to use?"
111
00:06:49,558 --> 00:06:52,548
the regulatory pace is
getting a little bit faster.
112
00:06:52,548 --> 00:06:55,408
It's picking up steam, but
we're still learning as we go.
113
00:06:55,728 --> 00:06:58,898
So I think not only did we
have to ask internally, "Are
114
00:06:58,898 --> 00:07:00,928
we using AI in our processes?
115
00:07:01,148 --> 00:07:03,928
Where are we using them, and
what protections are in place?"
116
00:07:03,958 --> 00:07:08,128
But because we operate inside those
client environments I'd mentioned,
117
00:07:08,388 --> 00:07:12,948
it, it became also looking at, how
are they using that as well, right?
118
00:07:12,948 --> 00:07:15,808
And how can we ensure that
they are also protected.
119
00:07:15,818 --> 00:07:21,548
So I think it's based upon knowing
the AI, platforms and software that
120
00:07:21,548 --> 00:07:24,638
are out there that you're potentially
navigating, trying to gain a pretty
121
00:07:24,638 --> 00:07:28,888
solid understanding of which, in some
cases is easy, in some it's not, right?
122
00:07:28,888 --> 00:07:31,748
You wanna understand how they're
using that data, if they're using
123
00:07:31,748 --> 00:07:35,038
that data to train their systems,
if it's private, if it's encrypted.
124
00:07:35,457 --> 00:07:38,148
and then, if we really wanted to take
a deep dive, you have to start paying
125
00:07:38,148 --> 00:07:41,457
attention not only to the federal,
regs that are coming out related to
126
00:07:41,488 --> 00:07:44,318
AI, but also state-specific, right?
127
00:07:44,568 --> 00:07:47,238
So there's no real map, there's
no real playbook, but it's a
128
00:07:47,248 --> 00:07:48,918
matter of kind of understanding.
129
00:07:48,928 --> 00:07:52,338
And I think it's exciting in this
way, that you have the opportunity to
130
00:07:52,338 --> 00:07:55,858
look at things as they're developing
and to develop, those best practices
131
00:07:55,858 --> 00:07:59,818
that we mentioned and offer "Here
is how we see the safest way to
132
00:07:59,818 --> 00:08:01,848
operate in this space," right?
133
00:08:01,868 --> 00:08:06,208
Or the most compliant way to operate in
this space based on what we know, right?
134
00:08:06,538 --> 00:08:09,778
So that's the approach that we took
was starting with that inventory, which
135
00:08:09,778 --> 00:08:13,348
is what I would always recommend no
matter the business, and looking at,
136
00:08:13,758 --> 00:08:18,298
who is using AI, how it's being used,
and the protections that are in place.
137
00:08:18,673 --> 00:08:21,633
Jim: One of the things that I really
liked about what you answer is that you
138
00:08:21,633 --> 00:08:26,593
mentioned that the tools are moving faster
than organizations and individuals can
139
00:08:26,593 --> 00:08:28,813
adjust, from a compliance perspective.
140
00:08:29,523 --> 00:08:35,732
you look at the pace of change, it's
pretty easy for internal stakeholders
141
00:08:35,732 --> 00:08:40,783
and also external clients to, to freeze
up because they're overloaded with all
142
00:08:40,783 --> 00:08:42,352
the different paths that they can go.
143
00:08:42,413 --> 00:08:47,463
whether we're talking about platforms
or use cases or just simply where
144
00:08:47,463 --> 00:08:49,833
do we start, a lot to take in.
145
00:08:50,303 --> 00:08:54,983
So when you're looking at that environment
where you have high pace of change,
146
00:08:55,243 --> 00:09:01,433
emerging technology, so much that can be
done, what are the things that you have
147
00:09:01,433 --> 00:09:07,323
suggested or recommended to help people
get unstuck from that overload paralysis?
148
00:09:07,973 --> 00:09:08,783
Lindsay Castro: It's a great question.
149
00:09:08,783 --> 00:09:11,983
So I think that, yeah, I completely agree.
150
00:09:11,983 --> 00:09:16,493
I've seen in many instances, and
even in professionally, right?
151
00:09:16,713 --> 00:09:21,063
That people not only freeze, they
just completely write it off.
152
00:09:21,613 --> 00:09:22,873
AI, it's too overwhelming.
153
00:09:22,883 --> 00:09:23,243
Forget it.
154
00:09:23,263 --> 00:09:24,433
We're not gonna incorporate it.
155
00:09:24,453 --> 00:09:25,423
We're not even gonna look at it.
156
00:09:25,443 --> 00:09:26,573
No one's allowed to use it.
157
00:09:27,213 --> 00:09:31,293
And I get it from the place of
wanting to be as cautious as possible,
158
00:09:31,403 --> 00:09:36,653
especially in certain industries,
but I also believe it's so invaluable
159
00:09:36,673 --> 00:09:38,673
if you use it the right way, right?
160
00:09:38,953 --> 00:09:43,293
So I think it's looking at your business,
what it's doing, the goals that you
161
00:09:43,293 --> 00:09:47,403
have, the way in which you would want
to use that tool to empower your people
162
00:09:47,463 --> 00:09:52,203
to be more productive, to be more
knowledgeable, and then to offer…
163
00:09:52,593 --> 00:09:54,283
step into it yourself first, right?
164
00:09:54,323 --> 00:09:59,793
you can't, demonstrate or provide guidance
on a platform or a system or, a use case
165
00:09:59,833 --> 00:10:01,383
if you're not familiar with it, right?
166
00:10:01,383 --> 00:10:05,003
So I think it's really important that
leadership becomes familiar with it first,
167
00:10:05,403 --> 00:10:10,133
and then roll it out in a way where, and
this is what we made a point to do, where
168
00:10:10,133 --> 00:10:14,373
you are, not just saying "Hey, this is
what this is, and this is how it works."
169
00:10:14,393 --> 00:10:18,873
You're saying, "Let me support you
by offering case-specific scenarios
170
00:10:19,043 --> 00:10:22,073
that you might find yourself in,
and what you can and cannot do, what
171
00:10:22,123 --> 00:10:23,643
the yes and the no would be here.
172
00:10:23,653 --> 00:10:26,133
And not only that, but let
me tell you why," right?
173
00:10:26,193 --> 00:10:29,413
And then I think when people understand,
like when our employees, we had
174
00:10:29,413 --> 00:10:33,493
a very, lovely like interactive
meeting with them to walk through
175
00:10:33,493 --> 00:10:35,993
slides and say, "Here is what it is.
176
00:10:36,023 --> 00:10:37,443
Here is how it can be used.
177
00:10:37,443 --> 00:10:38,823
Here's how it cannot be used.
178
00:10:39,383 --> 00:10:42,093
Let us walk through some
scenarios together, give you the
179
00:10:42,093 --> 00:10:43,583
opportunity to ask questions."
180
00:10:43,873 --> 00:10:47,243
But what we really stressed was,
this isn't scary, and we don't wanna
181
00:10:47,243 --> 00:10:48,603
tell you, no, you can't use it.
182
00:10:48,623 --> 00:10:52,233
We need to just tell you the parameters
within which you can use it, right?
183
00:10:52,463 --> 00:10:56,113
No confidential information, no
client information, nothing that
184
00:10:56,113 --> 00:10:59,433
you wouldn't, you wouldn't wanna
leave out on your desk, right?
185
00:10:59,453 --> 00:11:02,663
If you were in an office or that
you wouldn't w- you know, want
186
00:11:02,683 --> 00:11:04,653
someone else to have easy access to.
187
00:11:04,683 --> 00:11:07,373
So I think we tried to make
it as friendly as possible.
188
00:11:07,373 --> 00:11:10,873
And when you do that, it
takes away from the freeze.
189
00:11:10,933 --> 00:11:15,043
People understand, oh, like this could
actually be a really helpful tool.
190
00:11:15,373 --> 00:11:20,163
And honestly, as a lawyer, it can
also give you real insight into how
191
00:11:20,193 --> 00:11:25,073
people are navigating things like
revisions on contracts or, policies
192
00:11:25,073 --> 00:11:26,243
that they're sending back and forth.
193
00:11:26,293 --> 00:11:32,193
and sometimes you'll witness occasions in
which people may not be utilizing it in a
194
00:11:32,193 --> 00:11:36,083
way that's beneficial to them, but could
be using it in a way that's detrimental.
195
00:11:36,083 --> 00:11:36,983
They're not paying attention.
196
00:11:36,983 --> 00:11:38,073
They're letting things go.
197
00:11:38,533 --> 00:11:43,143
And, I think, again, I hate to say
that, but it can also be advantageous
198
00:11:43,183 --> 00:11:46,693
to, then understand who's paying
attention and who's not, right?
199
00:11:47,093 --> 00:11:49,983
so yeah, I just see it as being
so beneficial, but there are a
200
00:11:49,983 --> 00:11:52,963
lot of organizations and business
structures afraid to use it.
201
00:11:53,303 --> 00:11:57,593
If you approach it from a space of
providing boundaries and education,
202
00:11:57,853 --> 00:11:59,523
I think it's incredibly useful
203
00:12:00,173 --> 00:12:04,333
Jim: So I wanna dig in, a little
bit more on some of the rules of the
204
00:12:04,333 --> 00:12:07,773
road stuff that you were referencing,
when we're talking about guidelines
205
00:12:07,773 --> 00:12:09,503
or, what you can and can't do.
206
00:12:09,783 --> 00:12:11,713
I think that's an important
discussion to have.
207
00:12:12,113 --> 00:12:15,653
And when we're talking about
parameters, let's look at it from,
208
00:12:15,713 --> 00:12:17,973
a platform-agnostic perspective.
209
00:12:18,423 --> 00:12:24,423
When you think about establishing a
baseline level of do's and don'ts from
210
00:12:24,423 --> 00:12:28,463
an AI strategy or execution perspective
within an organization, what are
211
00:12:28,463 --> 00:12:33,403
those baseline considerations that
people should have in front of their
212
00:12:33,403 --> 00:12:38,483
minds that's consistent with whatever
state, local, federal privacy policy
213
00:12:38,483 --> 00:12:40,333
that they might be a- adhering to?
214
00:12:41,043 --> 00:12:45,813
For example, if you're a SOC 2
compliant company, should that type
215
00:12:45,813 --> 00:12:50,833
of organization be looking at their
AI strategy as they implement whatever
216
00:12:51,223 --> 00:12:54,133
strategy initiative platform that
they're thinking about implementing?
217
00:12:54,783 --> 00:12:57,663
Lindsay Castro: Think you have to work
very closely with your IT and technology
218
00:12:57,663 --> 00:12:59,753
team to accomplish that properly.
219
00:13:00,103 --> 00:13:04,023
I think at a very basic rudimentary
level, if it shouldn't be shared
220
00:13:04,023 --> 00:13:06,723
publicly, it shouldn't go into AI, right?
221
00:13:07,153 --> 00:13:09,863
That's the baseline, expectation.
222
00:13:10,003 --> 00:13:15,403
So the way that we had framed it is,
if you need to outline a project plan,
223
00:13:15,553 --> 00:13:21,373
if you, need to draft an email and kind
of get past a blank page, that's okay.
224
00:13:21,423 --> 00:13:22,853
Use it to structure those things.
225
00:13:22,863 --> 00:13:25,433
Give it a hypothetical, "Hey,
what if I'm dealing with this?"
226
00:13:25,743 --> 00:13:32,043
But don't feed it the confidential
information from internal resources
227
00:13:32,073 --> 00:13:33,813
or on behalf of our clients, right?
228
00:13:34,163 --> 00:13:39,253
That would then jeopardize,
the confidentiality of those
229
00:13:39,393 --> 00:13:41,723
materials or of that information.
230
00:13:42,203 --> 00:13:46,508
I think that's incredibly important
and, again, I think there's a way
231
00:13:46,508 --> 00:13:49,168
to approach it in a friendly manner
that doesn't scare people off.
232
00:13:49,598 --> 00:13:52,318
But you're also allowed to say to
them, at least in our business,
233
00:13:52,328 --> 00:13:55,468
we're an HDM business, so the
clients trust us to get this right.
234
00:13:55,988 --> 00:14:01,328
And AI doesn't necessarily
understand multiple employment
235
00:14:01,438 --> 00:14:04,888
laws at a time, or maybe a leave
policy or a termination risk.
236
00:14:04,908 --> 00:14:06,548
it's still a computer, right?
237
00:14:06,758 --> 00:14:10,288
So it, it may give you an answer that
sounds authoritative, but it could
238
00:14:10,288 --> 00:14:12,588
be the wrong information, isn't it?
239
00:14:12,598 --> 00:14:14,138
It could be outdated, right?
240
00:14:14,148 --> 00:14:17,568
It still requires human review
and ensuring that you're providing
241
00:14:17,618 --> 00:14:19,928
the proper information, right?
242
00:14:19,928 --> 00:14:24,598
So use it where it can help you work
faster and think more clearly or create
243
00:14:24,628 --> 00:14:29,058
a better draft, maybe give you some
insights, but don't use it as a default.
244
00:14:29,448 --> 00:14:34,748
And I think with our technology team,
where I am personally, they're incredible.
245
00:14:34,818 --> 00:14:38,918
They're very good at, looking at kind of
the activity that's happening internally
246
00:14:39,088 --> 00:14:43,058
at a generic level, understanding
how high the usage is, and then
247
00:14:43,058 --> 00:14:48,508
supporting legal and HR and really the
organization at large in saying, "Here
248
00:14:48,508 --> 00:14:52,868
are the platforms we've approved,"
because we are SOC 2 compliant, right?
249
00:14:52,878 --> 00:14:55,148
So we have to make sure
that we can attest to that.
250
00:14:55,378 --> 00:15:00,048
and here are the ones that we cannot have
you use, and we're gonna specify those.
251
00:15:00,048 --> 00:15:01,118
We're gonna make it clear.
252
00:15:01,158 --> 00:15:04,538
We'll facilitate the use of those
we've approved, and here's a policy.
253
00:15:04,698 --> 00:15:08,308
Please sign this policy acknowledging
that you understand the parameters
254
00:15:08,318 --> 00:15:09,718
within which we're working.
255
00:15:10,043 --> 00:15:11,213
Jim: that's a good foundation.
256
00:15:11,213 --> 00:15:14,803
So let's dig in a little bit deeper
and talk about some of the things
257
00:15:14,813 --> 00:15:18,893
that you have to consider, from a
compliance perspective, when we're
258
00:15:18,893 --> 00:15:23,153
looking at all the different dimensions
of how an initiative gets rolled out.
259
00:15:23,463 --> 00:15:27,973
So if an organization is rolling out an
AI initiative, and part of that initiative
260
00:15:27,973 --> 00:15:32,623
involves implementing a piece of
technology, what are those platform-level
261
00:15:32,623 --> 00:15:38,083
considerations from a compliance
perspective that an organization needs
262
00:15:38,083 --> 00:15:43,883
to into place before, put into place that
informs how they select the appropriate
263
00:15:43,883 --> 00:15:45,803
platform for their environment?
264
00:15:46,453 --> 00:15:50,923
Lindsay Castro: So I think that
may be industry-specific at times.
265
00:15:51,023 --> 00:15:54,013
and again, the AI kind of
compliance space is moving so fast.
266
00:15:54,353 --> 00:15:59,213
So I would say if you're going to
be rolling out an AI initiative
267
00:15:59,253 --> 00:16:02,353
and you have to look at how each
platform would be utilizing the
268
00:16:02,353 --> 00:16:03,513
data that you're putting into it.
269
00:16:03,523 --> 00:16:05,763
for example, there's ChatGPT.
270
00:16:05,773 --> 00:16:07,943
Everyone's fairly familiar with ChatGPT.
271
00:16:07,993 --> 00:16:10,563
That's gonna be something you're
copying and pasting, right?
272
00:16:10,573 --> 00:16:13,823
So that's where the guidelines
really come into place, and you say
273
00:16:13,823 --> 00:16:14,823
"Okay, here are the do's and don'ts."
274
00:16:15,513 --> 00:16:20,273
There are other AI platforms like
Fathom or recording platforms, right?
275
00:16:20,583 --> 00:16:24,223
And in sales or in a lot of industries,
you'll see that people are using
276
00:16:24,223 --> 00:16:26,973
those to record the phone calls
and the conversations happening
277
00:16:26,973 --> 00:16:29,363
between them and clients or others.
278
00:16:29,773 --> 00:16:33,383
You have to look at, who has
access to those conversations,
279
00:16:33,393 --> 00:16:34,863
where are they stored, right?
280
00:16:34,893 --> 00:16:36,043
How long are they stored, right?
281
00:16:36,063 --> 00:16:39,733
then it bleeds into kind of a doc-- or
a, I'm sorry, a retention policy, right?
282
00:16:39,733 --> 00:16:42,843
Making sure your retention policy does
or doesn't reflect that accurately.
283
00:16:43,263 --> 00:16:47,463
I think you also have to consider, since
we've talked a little bit about the
284
00:16:47,473 --> 00:16:51,783
sensitive kind of employee data, you
have to look at if I'm having that-- if
285
00:16:51,783 --> 00:16:55,613
I'm entering that into a platform that
I'm copying and pasting into, or if I'm
286
00:16:55,613 --> 00:16:59,733
having a discussion on the phone with
someone or, in our case, with a client
287
00:16:59,763 --> 00:17:04,463
who has employees and we're discussing
sensitive information, again, that kind
288
00:17:04,463 --> 00:17:08,453
of reclassifies the material that comes
out of that recorded conversation.
289
00:17:09,223 --> 00:17:12,963
So I, I think it's, I think it's
really dependent on the type
290
00:17:12,963 --> 00:17:15,873
of organization and what the
purpose of the materials would be.
291
00:17:16,203 --> 00:17:17,583
So I think that's step one.
292
00:17:17,883 --> 00:17:23,532
And then I think, for us, we had to make
sure that there was a governance framework
293
00:17:23,653 --> 00:17:25,853
and, an accountability framework as well.
294
00:17:26,113 --> 00:17:29,463
we had to make sure that the
vendors and the third parties
295
00:17:29,463 --> 00:17:33,853
that we work with were also being
protected alongside us internally.
296
00:17:34,123 --> 00:17:36,693
so it, it's really-- it's tiered.
297
00:17:36,753 --> 00:17:38,343
there's many levels to that.
298
00:17:38,673 --> 00:17:42,443
and again, what's interesting too is as
you make those decisions, excuse me, as
299
00:17:42,443 --> 00:17:49,563
an organization, you have to look at rules
that, might be specific to individuals
300
00:17:49,573 --> 00:17:52,193
or entities in a specific state, right?
301
00:17:52,493 --> 00:17:57,803
So things you might not even think about,
like biometric data is being defined
302
00:17:57,823 --> 00:18:03,773
in really unique ways across various
states Using a platform, you might think,
303
00:18:03,773 --> 00:18:08,403
yeah, we navigated what, whether this
platform was safe for our industry,
304
00:18:08,413 --> 00:18:09,763
how we want our people to use it.
305
00:18:09,773 --> 00:18:11,083
We gave them instructions."
306
00:18:11,943 --> 00:18:13,483
N- to your point, there's a new law.
307
00:18:13,483 --> 00:18:17,063
The new law comes out and says, "Okay,
if you enter someone's image into
308
00:18:17,063 --> 00:18:19,373
this platform, that's biometric data.
309
00:18:19,383 --> 00:18:22,783
You've now got a whole new list of items
that you need to comply with," right?
310
00:18:23,193 --> 00:18:26,753
So it's just, it's so tiered and
layered, and we're all learning.
311
00:18:27,143 --> 00:18:31,703
but I think even if you map out which
platforms you want to use and your
312
00:18:31,703 --> 00:18:35,503
compliance process for them, you
still have to remain incredibly aware
313
00:18:35,533 --> 00:18:41,003
of the laws, precedents, regulations
that apply, because that might shift.
314
00:18:41,013 --> 00:18:44,493
You might be using something today that
you realize you, you don't have the
315
00:18:44,493 --> 00:18:45,973
controls around and you wanna shift
316
00:18:46,688 --> 00:18:48,818
Thomas Kunjappu: This has been
a fantastic conversation so far.
317
00:18:49,058 --> 00:18:51,848
If you haven't already done so,
make sure to join our community.
318
00:18:52,088 --> 00:18:54,758
We are building a network of the
most forward-thinking, HR and
319
00:18:54,758 --> 00:18:57,938
people, operational professionals
who are defining the future.
320
00:18:58,418 --> 00:19:01,028
I will personally be sharing
news and ideas around how we
321
00:19:01,028 --> 00:19:03,038
can all thrive in the age of AI.
322
00:19:03,398 --> 00:19:06,383
You can find it at go cleary.com/cleary
323
00:19:06,813 --> 00:19:07,423
community.
324
00:19:08,048 --> 00:19:08,888
Now back to the show.
325
00:19:09,679 --> 00:19:12,929
Jim: So I'm not, an attorney, nor do
I play one on TV, but a lot of what
326
00:19:12,929 --> 00:19:16,699
you just, talked about strikes me
as a discoverability conversation,
327
00:19:16,709 --> 00:19:20,509
especially when you were talking about,
call recordings and things like that,
328
00:19:20,509 --> 00:19:21,849
tools that do that sort of stuff.
329
00:19:22,279 --> 00:19:26,139
So when we're t- when we're thinking
about discoverability, th- this
330
00:19:26,149 --> 00:19:31,479
combines both your, general counsel
hat and your chief people officer hat.
331
00:19:32,349 --> 00:19:36,069
are the discoverability considerations
that people need to have, top of
332
00:19:36,069 --> 00:19:42,499
mind, when it comes to implementing
tools or products that consume data?
333
00:19:42,779 --> 00:19:46,339
because theoretically everything
is discoverable depending on what
334
00:19:46,339 --> 00:19:47,579
the situation you're dealing with.
335
00:19:47,579 --> 00:19:50,614
So what are those considerations
that people need to be thinking
336
00:19:50,614 --> 00:19:53,974
about when, they're setting
up the guardrails for usage?
337
00:19:54,624 --> 00:19:58,484
Lindsay Castro: So this is an area
that is currently a really hot topic,
338
00:19:58,514 --> 00:20:03,354
and it's very fascinating for lawyer
nerds like myself, to see the cases
339
00:20:03,354 --> 00:20:04,754
coming out, the precedent coming out.
340
00:20:05,104 --> 00:20:09,194
What's most interesting is
that some of the determinations
341
00:20:09,214 --> 00:20:11,554
thus far, contradict, right?
342
00:20:11,564 --> 00:20:15,134
So some of the states have made decisions
that are different from one another.
343
00:20:15,434 --> 00:20:20,354
what the overall or, the overarching
finding is if there is a system
344
00:20:20,364 --> 00:20:24,884
being utilized that, such as,
again, like a ChatGPT, right?
345
00:20:25,294 --> 00:20:29,704
You can, you can utilize your own account,
you can pay for an account that's gonna
346
00:20:29,704 --> 00:20:34,434
afford you some privacy that maybe you
wouldn't have if you were not a member.
347
00:20:34,444 --> 00:20:37,514
However, it's not necessarily encrypted.
348
00:20:37,824 --> 00:20:41,944
it may be using what you enter
to train its platform, right?
349
00:20:41,984 --> 00:20:43,224
And so it…
350
00:20:43,884 --> 00:20:45,234
there's a concern there, right?
351
00:20:45,234 --> 00:20:47,164
To your point that this
is gonna be discoverable.
352
00:20:47,214 --> 00:20:52,264
In cases like that where there is a
legal matter at play or someone is
353
00:20:52,264 --> 00:20:56,214
digging into a matter that ultimately
becomes ripe for litigation, that's
354
00:20:56,224 --> 00:20:57,704
d- that is, that's discoverable.
355
00:20:57,714 --> 00:21:01,054
you may have an opposing party who says, I
would like to get in there and see what it
356
00:21:01,054 --> 00:21:02,964
was you were searching relative to this."
357
00:21:03,849 --> 00:21:07,129
there, there has been case law
that said, Claude or ChatGPT,
358
00:21:07,129 --> 00:21:08,709
it's not an attorney, right?
359
00:21:09,009 --> 00:21:10,899
So it's not privileged.
360
00:21:10,909 --> 00:21:14,739
You're not able to say, "Oh, this is
attorney-client privilege," right?
361
00:21:14,859 --> 00:21:17,849
And because you're not an attorney,
if someone's not an attorney doing
362
00:21:17,849 --> 00:21:19,659
this, this isn't work product either.
363
00:21:19,669 --> 00:21:22,079
It's not covered by that privilege
either because they're not an attorney
364
00:21:22,079 --> 00:21:23,429
doing research for this purpose.
365
00:21:23,779 --> 00:21:26,369
so it does become
discoverable in some cases.
366
00:21:26,919 --> 00:21:29,919
But there have been other
cases, so there's three key
367
00:21:29,919 --> 00:21:31,219
cases out there right now.
368
00:21:31,479 --> 00:21:35,969
there-- One of them had an opposite
result where there was a pro se person
369
00:21:35,969 --> 00:21:39,289
who did decide to use ChatGPT to
prepare their litigation materials,
370
00:21:39,289 --> 00:21:42,529
but they were considered to be a
lawyer because they were pro se, right?
371
00:21:42,529 --> 00:21:45,959
So their materials were covered
as protected work product.
372
00:21:46,459 --> 00:21:50,379
So it's really interesting to see
how the analysis comes into play.
373
00:21:50,599 --> 00:21:54,789
in the most recent, decision, there
was a distinction between the two,
374
00:21:54,789 --> 00:22:00,059
where it was that a pro se litigant's
AI, strategies and work product
375
00:22:00,409 --> 00:22:02,589
were protected work product, right?
376
00:22:02,999 --> 00:22:06,079
and just because they were
using a system that maybe wasn't
377
00:22:06,089 --> 00:22:09,819
protected, like it didn't forfeit
their expectation of privacy.
378
00:22:10,079 --> 00:22:13,229
However, the court in that
case said, "Hey, we'll give you
379
00:22:13,229 --> 00:22:15,929
that, but you also have to let
us know which systems you use."
380
00:22:15,969 --> 00:22:18,099
That is certainly discoverable, right?
381
00:22:18,279 --> 00:22:22,419
And it also, I think in that case, they
ended up, issuing, like a protective
382
00:22:22,419 --> 00:22:25,869
order, basically saying, you cannot
upload confidential material."
383
00:22:26,139 --> 00:22:30,749
So I think each state is navigating
this in a different manner.
384
00:22:30,829 --> 00:22:34,369
they're doing it organically, but
then as more precedent comes out and
385
00:22:34,369 --> 00:22:39,209
these cases become more frequent, I
think we're gonna learn a lot more.
386
00:22:39,409 --> 00:22:42,379
I'm sure you've seen, a lit- a little
bit different, but there are also
387
00:22:42,379 --> 00:22:46,029
those cases where, there have been,
pleadings submitted to the court
388
00:22:46,069 --> 00:22:48,849
with hallucinated cases, right?
389
00:22:48,849 --> 00:22:51,799
That didn't even exist, and then you've
got attorneys or law firms that are
390
00:22:51,799 --> 00:22:55,591
being, you know- fined or there are
penalties that exist for that too.
391
00:22:55,601 --> 00:22:56,831
That's an area that's developing.
392
00:22:56,831 --> 00:23:01,731
But to go back to how that would apply
or impact a business like ours or
393
00:23:01,751 --> 00:23:05,781
others, that is again, the importance
of the education piece, is letting
394
00:23:05,781 --> 00:23:11,101
people know part of the reason this
is so significant is because we
395
00:23:11,101 --> 00:23:12,401
work in a high-stakes environment.
396
00:23:12,441 --> 00:23:14,461
We're protecting our
information, but our clients'.
397
00:23:14,991 --> 00:23:19,351
And if something goes askew, which it
always could, this is something that the
398
00:23:19,351 --> 00:23:21,221
court may have in front of them, right?
399
00:23:21,231 --> 00:23:27,701
So if you're comfortable with your search
terms being read, in a court, okay.
400
00:23:27,801 --> 00:23:31,281
But if you wouldn't be, let's
not input it, into the system
401
00:23:32,443 --> 00:23:35,293
Jim: So I like this, lawyer nerd
conversation we're having, so I'm
402
00:23:35,293 --> 00:23:39,513
gonna, I'm gonna throw another bit
out there that I think, it'd be
403
00:23:39,513 --> 00:23:40,813
interesting to get your take on.
404
00:23:41,138 --> 00:23:48,298
a-a-as, as a executive level leader in
HR, you're probably seeing all sorts of
405
00:23:48,298 --> 00:23:54,158
platforms from an HR tech perspective
that have AI branding all over the place.
406
00:23:54,258 --> 00:23:57,788
in fact, every tech platform out
there has some sort of AI wrapper
407
00:23:57,788 --> 00:23:59,618
that they've included in there.
408
00:23:59,928 --> 00:24:05,068
What I'm curious about is when we're
thinking about HR tech platforms, and
409
00:24:05,068 --> 00:24:09,008
particularly those platforms in the
employee engagement space, the performance
410
00:24:09,008 --> 00:24:15,328
management space, it's consuming
employee data that's designed to do some
411
00:24:15,328 --> 00:24:20,598
analysis and then help managers make some
coaching or evaluation decisions on it.
412
00:24:21,508 --> 00:24:26,308
Sticking with that discoverability
conversation and the tendency for some AI
413
00:24:26,318 --> 00:24:33,658
to hallucinate, what's your take on how
those sorts of tools should be used from
414
00:24:33,718 --> 00:24:40,268
a people management perspective, and how
can organizations be conservative in their
415
00:24:40,268 --> 00:24:45,288
usage policies so that they don't end up
in a situation where some employee gets
416
00:24:45,498 --> 00:24:52,298
fired or reprimanded, due to an error in
the AI platform making the wrong analysis?
417
00:24:52,598 --> 00:24:56,658
That's probably an edge case example, but
it's something that we have to consider if
418
00:24:56,968 --> 00:25:04,038
mass amounts of data is being, processed
and a recommendation is being spit out
419
00:25:04,078 --> 00:25:06,028
about an employee or an employee group.
420
00:25:06,678 --> 00:25:07,528
Lindsay Castro: It's tricky.
421
00:25:07,648 --> 00:25:09,898
It's a very tricky area.
422
00:25:10,253 --> 00:25:13,443
And I don't think it's explicitly
been addressed yet, right?
423
00:25:13,443 --> 00:25:15,143
In those cases that we
discussed previously.
424
00:25:15,143 --> 00:25:18,783
so as you mentioned, the vendors are
adding these AI features to their
425
00:25:18,783 --> 00:25:23,243
existing platforms, and yes, to your
point, they can exist in a payroll
426
00:25:23,243 --> 00:25:27,153
system, they could e- exist in a
benefits administration system, leave of
427
00:25:27,153 --> 00:25:32,053
absence, And they're updated oftentimes
through, a routine product update.
428
00:25:32,423 --> 00:25:38,523
So it's very difficult to keep up
with where there may be an update that
429
00:25:38,523 --> 00:25:42,043
does allow for there to be sharing
of people information that you maybe
430
00:25:42,043 --> 00:25:43,253
would not have shared otherwise.
431
00:25:43,763 --> 00:25:47,363
so we again try to choose and limit…
432
00:25:48,153 --> 00:25:50,603
You can't even say that because
sometimes you're dealing, at least in
433
00:25:50,603 --> 00:25:53,963
our line of work, sometimes you are
working with systems that a client
434
00:25:53,963 --> 00:25:55,763
has chosen for themselves, right?
435
00:25:56,093 --> 00:26:02,338
So I think it's, I think to be honest
with you, and not to take it away from
436
00:26:02,338 --> 00:26:06,728
the people piece, because I don't know
that you can avoid necessarily those
437
00:26:06,748 --> 00:26:11,128
pieces being included and considered
enhancements to those tools you're using.
438
00:26:11,418 --> 00:26:16,308
I think it really lends itself to the
contract side, which without meaning to
439
00:26:16,308 --> 00:26:21,528
take it, you know, back to that area,
what you're seeing is that contracts
440
00:26:21,528 --> 00:26:28,538
are now very explicit when it comes
to you may or may not use data within
441
00:26:28,538 --> 00:26:33,468
an AI platform, what type of data can
be utilized, what can be audited, as
442
00:26:33,468 --> 00:26:37,778
well as, what the liability or the
indemnification provisions are, right?
443
00:26:37,778 --> 00:26:43,678
So that's how I see people or
companies navigating this right
444
00:26:43,688 --> 00:26:48,203
now, is we-- it's a we recognize we
don't have control over all of these
445
00:26:48,203 --> 00:26:52,273
platforms and their capabilities,
no matter how cautious we are.
446
00:26:52,793 --> 00:26:56,363
and so that's how there's
the protection right now.
447
00:26:56,603 --> 00:27:01,083
But as that continues, I
think you'll see more, right?
448
00:27:01,243 --> 00:27:04,923
I think there will be more information
made available to us about best
449
00:27:04,933 --> 00:27:09,533
practices, and I'm sure that there
will be, preferred platforms, right?
450
00:27:09,563 --> 00:27:13,763
That can guarantee you encryption
or privacy or, the things that
451
00:27:13,763 --> 00:27:17,553
matter most in, in sensitive cases.
452
00:27:17,928 --> 00:27:20,528
Jim: I wanna expand on something that
you mentioned, a little bit earlier,
453
00:27:20,528 --> 00:27:25,298
and that's in the space of ownership
and governance, but particularly, when
454
00:27:25,308 --> 00:27:28,788
we're talking about building fail-safes,
into the process so that you're not
455
00:27:28,798 --> 00:27:32,988
getting, off-the-wall recommendations
or hallucinated recommendations.
456
00:27:33,368 --> 00:27:37,518
So when an organization is thinking
about their AI strategy, whether it's
457
00:27:37,518 --> 00:27:42,938
talking about rolling out a process,
piece of technology, whatever, what
458
00:27:42,938 --> 00:27:50,208
should the ownership, governance, and
review mechanisms look like to, to…
459
00:27:50,858 --> 00:27:51,558
That's the question.
460
00:27:51,668 --> 00:27:55,208
what should the ownership, governance,
and review process look like so
461
00:27:55,208 --> 00:27:58,838
that you can feel reasonably secure
that you're on a solid foundation?
462
00:27:59,488 --> 00:28:03,818
Lindsay Castro: So I think that you
have to, again, kind of work with
463
00:28:03,818 --> 00:28:08,498
your leadership and your tech teams
to understand where the AI risk
464
00:28:08,498 --> 00:28:12,308
assessments need to be conducted,
where the controls need to be in place,
465
00:28:12,848 --> 00:28:15,918
which policies make the most sense,
and who's going to own them, right?
466
00:28:15,918 --> 00:28:18,108
Which is going to mean
updating them along the way.
467
00:28:18,658 --> 00:28:24,238
The data governance obligations I think
it's about being honest with yourself
468
00:28:24,238 --> 00:28:28,178
as an organization and saying, "Here's
the capacity that we have right now.
469
00:28:28,178 --> 00:28:31,808
Here's the bandwidth we have
to navigate and manage this as
470
00:28:31,808 --> 00:28:33,068
something that we are embracing."
471
00:28:33,698 --> 00:28:34,888
and I think it plays…
472
00:28:35,658 --> 00:28:39,288
So a playbook, without
ownership is just a document.
473
00:28:39,618 --> 00:28:44,418
So you can say, "We really want to adopt
this," but unless we have that governance
474
00:28:44,418 --> 00:28:49,468
process in place and we know exactly who's
doing what and how the decisions will be
475
00:28:49,468 --> 00:28:51,898
made going forward, it won't work, right?
476
00:28:51,898 --> 00:28:56,688
So I think what I have found effective
at HCM is that cross-functional
477
00:28:56,858 --> 00:28:58,298
accountability that I was mentioning.
478
00:28:58,298 --> 00:29:03,908
So for us, like legal, I mapped
regulatory requirements, and then
479
00:29:04,168 --> 00:29:07,498
our technology team, they inventoried
the tools and the workflows.
480
00:29:08,058 --> 00:29:11,538
And we actually engaged with, a
lot of our employees, including
481
00:29:11,538 --> 00:29:15,938
consultants, to flag where they were
experiencing kind of client-facing
482
00:29:16,278 --> 00:29:19,978
processes that we needed to be aware
of that kind of intersected with AI.
483
00:29:20,518 --> 00:29:24,398
so each function, had its own piece,
and again, has to remain current.
484
00:29:24,668 --> 00:29:26,038
But it was that shared ownership.
485
00:29:26,138 --> 00:29:27,278
That worked well for us.
486
00:29:27,628 --> 00:29:32,278
And in addition to, once we
established that, I think it
487
00:29:32,278 --> 00:29:35,948
became a gating process naturally,
especially with our policy in place.
488
00:29:36,228 --> 00:29:39,948
So no new AI tool can go live, right?
489
00:29:39,948 --> 00:29:43,288
Whe-whether it's standalone or if
it's embedded, and we have rules
490
00:29:43,288 --> 00:29:46,258
outlining, what we're willing to
accept, at least right now, in
491
00:29:46,258 --> 00:29:50,268
terms of the embedded, without
going through a pretty well-defined
492
00:29:50,308 --> 00:29:53,988
review and approval workflow across
those teams that I mentioned, right?
493
00:29:54,268 --> 00:29:55,538
And we did tier them, too.
494
00:29:55,538 --> 00:30:01,358
We tiered like one through three, w-
how each item would be evaluated based
495
00:30:01,358 --> 00:30:03,678
on the potential risk that it posed.
496
00:30:03,998 --> 00:30:09,138
So that, I have found in my experience,
is a great way to approach it, because
497
00:30:09,368 --> 00:30:12,858
you can't take it on unless you're ready
to really tackle it and be consistent.
498
00:30:12,878 --> 00:30:15,688
But you also can't tackle
it in one department alone.
499
00:30:16,188 --> 00:30:20,288
Because of all of the areas it impacts,
you really have to bring in leadership,
500
00:30:20,318 --> 00:30:25,108
and also, your employees are invaluable
in letting you know what they're seeing
501
00:30:25,238 --> 00:30:27,538
in real time and where they see the risks.
502
00:30:27,918 --> 00:30:30,378
So we really made it a group
effort, and I would recommend
503
00:30:30,378 --> 00:30:31,918
that for a lot of organizations.
504
00:30:31,928 --> 00:30:35,238
I know it's tougher in really big
ones, but to the degree you're able.
505
00:30:35,888 --> 00:30:39,448
Jim: So one of the things that, that's
interesting about what you just said
506
00:30:39,458 --> 00:30:45,808
is, defining who's gonna own what and
establishing shared ownership and those
507
00:30:45,828 --> 00:30:50,628
cross-functional relationships that allow
all of that, to, to work well together.
508
00:30:50,918 --> 00:30:51,628
I'm paraphrasing.
509
00:30:52,378 --> 00:30:58,338
when I hear that, my mind goes to,
that makes sense if these things are
510
00:30:58,338 --> 00:31:03,138
rolled out in a top-down fashion, if you
have, leadership driving the process.
511
00:31:03,718 --> 00:31:08,428
What I'm curious about is what happens
or what would your, how would your
512
00:31:08,428 --> 00:31:13,998
recommendations change in those
organizations where their initiatives are
513
00:31:13,998 --> 00:31:18,448
happening more in a bottom-up fashion,
and maybe even at a business unit level
514
00:31:18,448 --> 00:31:23,458
where one function within a business
unit is taking on one AI initiative
515
00:31:23,458 --> 00:31:26,388
and rolling that out, and then you
have something completely different
516
00:31:26,398 --> 00:31:29,598
going on in IT and sales and so on.
517
00:31:29,958 --> 00:31:33,908
How would you adjust for that
sort of environment where it's
518
00:31:33,918 --> 00:31:37,928
more of a bottom-up, initiative
rollout versus a top-down rollout?
519
00:31:38,578 --> 00:31:41,268
Lindsay Castro: So I know
that it's inevitable that
520
00:31:41,268 --> 00:31:43,158
those situations arise, right?
521
00:31:43,188 --> 00:31:44,498
Everyone deals with them.
522
00:31:45,458 --> 00:31:50,738
I think that it's just a little
dangerous to not account for that
523
00:31:50,738 --> 00:31:56,258
possibility by creating a process
at some level, whether it's top or
524
00:31:56,598 --> 00:31:58,658
middle or having a gatekeeper again.
525
00:31:59,618 --> 00:32:04,758
And typically, I think technology is a
great place for that to fall because you
526
00:32:04,758 --> 00:32:11,718
can have different units adopting their
own preferred use of AI or platforms
527
00:32:11,718 --> 00:32:13,338
or software, whatever the case may be.
528
00:32:13,858 --> 00:32:19,238
The problem is, unless there
are parameters, it just allows
529
00:32:19,238 --> 00:32:21,128
for so much unknown, right?
530
00:32:21,128 --> 00:32:23,508
So there are organizations that
are comfortable with that, and I
531
00:32:23,518 --> 00:32:24,838
think it becomes a question of risk.
532
00:32:25,478 --> 00:32:28,968
How much risk are you comfortable
absorbing when it comes to AI?
533
00:32:29,928 --> 00:32:31,728
Some may say, "Ah, I'm good with it.
534
00:32:31,728 --> 00:32:32,108
Like it's…
535
00:32:32,158 --> 00:32:33,828
we're making money," right?
536
00:32:33,848 --> 00:32:34,898
"Things are moving faster.
537
00:32:34,898 --> 00:32:36,928
Like we, we can let go of
some people we don't…"
538
00:32:36,948 --> 00:32:40,438
I think then you'll have other
entities that are like, "Nope," like
539
00:32:40,438 --> 00:32:41,688
I said, we don't wanna touch this.
540
00:32:41,688 --> 00:32:42,378
This is terrifying."
541
00:32:43,338 --> 00:32:47,238
But I do think either way, you
have to have a process in place
542
00:32:47,238 --> 00:32:50,538
because the reality is, no matter
what, your employees are going to
543
00:32:50,538 --> 00:32:53,048
be using it in some fashion, right?
544
00:32:53,698 --> 00:32:59,138
So I think as soon as you become aware
of that, if it is a bottom-up process,
545
00:32:59,638 --> 00:33:04,648
it becomes incumbent on whomever is made
aware to raise that to a level of, hey,
546
00:33:04,768 --> 00:33:06,088
we need to get our hands around this.
547
00:33:06,098 --> 00:33:08,918
we need to understand how
we want to navigate this.
548
00:33:09,608 --> 00:33:13,788
And I think it's perfectly okay to say
"Oh, hey, you're using this system?
549
00:33:13,788 --> 00:33:14,468
Okay, awesome.
550
00:33:14,468 --> 00:33:16,598
I'm just gonna need to take a
look at how that works and make
551
00:33:16,598 --> 00:33:20,838
sure that is acceptable for our
business model or for our clients.
552
00:33:21,108 --> 00:33:23,588
And if it's not, we'll find an
alternative that is," right?
553
00:33:23,588 --> 00:33:30,048
So it's not shutting anyone down or
discouraging the growth that clearly that
554
00:33:30,048 --> 00:33:34,548
employee or that division is striving to
achieve, by utilizing these resources.
555
00:33:34,908 --> 00:33:38,078
It's just working with them to
find the right one, and then to the
556
00:33:38,078 --> 00:33:42,428
degree that you're able, putting
a process in place that gives
557
00:33:42,428 --> 00:33:44,148
you some level of comfort, right?
558
00:33:44,188 --> 00:33:48,528
Based on the level of risk you're
comfortable with, that you can, have
559
00:33:48,528 --> 00:33:50,148
some guardrails and controls around it
560
00:33:50,798 --> 00:33:54,568
Jim: One of the interesting things
that I'll be, observing is the
561
00:33:54,568 --> 00:33:58,388
parallel between what happens with
AI and how it's implemented within
562
00:33:58,388 --> 00:34:00,278
organizations and what was happening…
563
00:34:00,638 --> 00:34:02,088
I came out of the recruiting space.
564
00:34:02,458 --> 00:34:06,108
So one of the things in recruiting,
especially if you're in technology
565
00:34:06,108 --> 00:34:09,938
recruiting, which is where the world
that I came out of, is that you had
566
00:34:10,237 --> 00:34:13,788
standard enterprise IT architecture and
technology policies, and then you had
567
00:34:13,788 --> 00:34:18,947
shadow IT, where each function or each
division within was running their own
568
00:34:18,947 --> 00:34:23,098
tech stack, and that created a lot of
technology bloat, as well as additional
569
00:34:23,098 --> 00:34:25,228
costs and more policy considerations.
570
00:34:25,568 --> 00:34:29,638
I'll be curious to see if we see
something similar, on the AI front,
571
00:34:29,648 --> 00:34:33,058
because you'll have a corporate AI
policy and then you just talked about,
572
00:34:33,108 --> 00:34:38,068
a business unit or a functional group
might have a use case for AI that isn't
573
00:34:38,668 --> 00:34:43,188
inbounds from the enterprise level,
so they go rogue and build their own.
574
00:34:43,237 --> 00:34:46,608
We've talked a lot of compliance
and compliance adjacent stuff.
575
00:34:47,338 --> 00:34:51,018
What I'm curious about is when you
think about all the stuff that we've
576
00:34:51,027 --> 00:34:55,527
talked about, and I'm gonna reference
what you mentioned earlier, which is a
577
00:34:55,527 --> 00:34:59,928
playbook, and you're thinking about an
AI playbook or an initiative playbook.
578
00:35:00,788 --> 00:35:04,058
all the things that we've talked about
so far, what should that playbook
579
00:35:04,228 --> 00:35:09,338
contain for it to be useful as a
starting point for the rollout of an
580
00:35:09,348 --> 00:35:11,038
AI initiative within an organization?
581
00:35:11,688 --> 00:35:16,128
Lindsay Castro: So I think the playbook
has to contain, what we've discussed
582
00:35:16,138 --> 00:35:18,448
already, which is clear ownership, right?
583
00:35:18,488 --> 00:35:20,148
Knowing who is gonna be navigating that.
584
00:35:20,808 --> 00:35:25,758
I think it's helpful to include some
information in that playbook as to
585
00:35:25,768 --> 00:35:29,148
why the rules are important, including
in that playbook matters, right?
586
00:35:29,178 --> 00:35:31,008
Real-life examples.
587
00:35:31,418 --> 00:35:36,313
and then I think providing the employees
the situations in which it can and cannot
588
00:35:36,313 --> 00:35:38,783
be used, creating knowledge, right?
589
00:35:38,783 --> 00:35:40,273
Knowledge is power, I always say.
590
00:35:40,503 --> 00:35:43,483
So it's making sure that they
understand exactly what is
591
00:35:43,483 --> 00:35:44,813
allowed and what isn't and why.
592
00:35:45,173 --> 00:35:47,768
I also think it's, understanding how…
593
00:35:47,808 --> 00:35:50,938
I think it's important to include in
that playbook how employees should
594
00:35:50,948 --> 00:35:54,748
be expected to handle situations in
which perhaps they notice the rules
595
00:35:54,748 --> 00:35:57,638
are not being followed by a colleague,
and that needs to be addressed.
596
00:35:57,738 --> 00:36:01,968
Or, including information on the fact that
there will be audits conducted, right?
597
00:36:02,008 --> 00:36:06,218
As an employer, you're able to conduct
audits of the actual activity happening
598
00:36:06,218 --> 00:36:08,228
across the organization at any given time.
599
00:36:08,228 --> 00:36:09,818
So letting them know that.
600
00:36:10,108 --> 00:36:13,078
giving them a sense of how long
the images or the data that they're
601
00:36:13,078 --> 00:36:14,958
utilizing will exist on the system.
602
00:36:15,258 --> 00:36:16,218
I think there's…
603
00:36:16,998 --> 00:36:19,748
All of those pieces are really crucial.
604
00:36:20,098 --> 00:36:24,478
I also think giving employees,
because this is so new, right?
605
00:36:24,658 --> 00:36:28,298
Giving employees an opportunity and an
arena to actually have the conversation
606
00:36:28,298 --> 00:36:32,898
which, with whomever is going to be
owning or leading that process is
607
00:36:32,898 --> 00:36:37,728
really crucial to understand where
they, where the gaps lie, right?
608
00:36:37,728 --> 00:36:39,288
Because we can only see what we see.
609
00:36:39,628 --> 00:36:46,508
But that gives you the ability to provide
a playbook, but to also update it as
610
00:36:46,508 --> 00:36:48,558
needed with that feedback loop, right?
611
00:36:48,828 --> 00:36:52,918
So that what you're seeing feeds back
into the policy itself as needed.
612
00:36:53,398 --> 00:36:55,603
so I think those are the key pieces.
613
00:36:55,603 --> 00:36:56,943
That was what we had included.
614
00:36:57,593 --> 00:37:01,883
But, having a firm policy in place
as a part of that playbook is key.
615
00:37:02,433 --> 00:37:03,353
it's tough to say, right?
616
00:37:03,353 --> 00:37:05,473
Because each industry is going
to do a little bit differently.
617
00:37:05,523 --> 00:37:10,633
but one of the things and my, my CFO
al- always laughs at me for this one,
618
00:37:10,633 --> 00:37:13,243
but I always say clear is kind, right?
619
00:37:13,503 --> 00:37:18,643
So a playbook is meant to provide
clarity, and that is the kindest thing
620
00:37:18,643 --> 00:37:22,323
you can do for your employees because
it gives them the room to operate
621
00:37:22,643 --> 00:37:26,023
and to understand where the rules lie
and to have the flexibility to come
622
00:37:26,023 --> 00:37:27,753
to you with questions, without fear.
623
00:37:28,403 --> 00:37:32,093
so y- you can define it to some ability,
but I think a playbook has to be a living,
624
00:37:32,093 --> 00:37:33,953
breathing document so that it can be…
625
00:37:34,603 --> 00:37:37,093
It can give the guardrails, but
it can be updated as needed to
626
00:37:37,153 --> 00:37:38,833
align with things as they develop
627
00:37:39,483 --> 00:37:42,573
Jim: Yeah, I like the last part of
what you mentioned that clear is kind.
628
00:37:42,623 --> 00:37:44,203
Clarity also builds momentum.
629
00:37:44,203 --> 00:37:47,533
So if we're taking the concept of
a living document into it, you need
630
00:37:47,553 --> 00:37:51,158
to have forward momentum, to be
able to iterate from where you are.
631
00:37:51,158 --> 00:37:55,328
I think the important thing, what I gather
from what you just mentioned, think of
632
00:37:55,328 --> 00:37:59,218
this as a framework and a foundation,
not something that's absolutely static.
633
00:37:59,218 --> 00:38:03,458
Because if you're building a static
document, the pace of change is gonna
634
00:38:03,458 --> 00:38:08,128
make it such that it's not relevant six
months or 12 months from, down the road.
635
00:38:08,478 --> 00:38:12,118
I guess one of the things that, that
I'm curious about, especially given the
636
00:38:12,118 --> 00:38:16,848
space that you're in, you have these
dual hats inside your organization, but
637
00:38:16,848 --> 00:38:22,298
you're also in, a consulting organization
that works with other firms externally.
638
00:38:22,748 --> 00:38:27,278
And when we think about the dynamics
of that, and especially with something
639
00:38:27,278 --> 00:38:33,868
that's so new in, from the perspective of
AI, when something is this new, there's
640
00:38:33,868 --> 00:38:38,718
gonna be some rough lessons learned
when people go the wrong direction.
641
00:38:38,848 --> 00:38:45,148
Are there any painful lessons learned
that you've seen, that I, that you feel is
642
00:38:45,148 --> 00:38:47,588
worth mentioning that, hey, don't do this?
643
00:38:47,628 --> 00:38:50,768
This should be a clear red line
that you need to watch out for,
644
00:38:50,768 --> 00:38:53,718
no matter how attractive it,
it might appear on the surface.
645
00:38:54,093 --> 00:38:57,653
Lindsay Castro: I see where
missteps become possible.
646
00:38:57,753 --> 00:39:03,333
I think that kind of going a little
bit backwards, y- I see AI and
647
00:39:03,363 --> 00:39:06,433
other items like it that we're
lucky enough to be in the midst of
648
00:39:06,433 --> 00:39:10,553
watching develop, as an opportunity
for connection in an organization.
649
00:39:11,013 --> 00:39:16,243
And, there's so many established archaic,
rules and regs, and you just know, okay,
650
00:39:16,243 --> 00:39:17,673
we have a document retention policy.
651
00:39:17,683 --> 00:39:18,303
of course we do.
652
00:39:18,323 --> 00:39:18,863
Everyone does.
653
00:39:19,373 --> 00:39:22,943
This is something so new
that I think you're able to
654
00:39:23,753 --> 00:39:25,553
bring people into it, right?
655
00:39:25,553 --> 00:39:26,563
You're able to say…
656
00:39:26,573 --> 00:39:29,343
You're able to use it as a space
to say, "I don't know everything.
657
00:39:29,343 --> 00:39:30,083
You don't know everything.
658
00:39:30,083 --> 00:39:30,973
We're gonna learn together."
659
00:39:31,573 --> 00:39:38,563
So when I started to see situations
where maybe someone didn't understand
660
00:39:38,563 --> 00:39:42,583
what was okay or what was not okay
to use as an input, the goal was
661
00:39:42,583 --> 00:39:45,903
to quickly get in front of it and
say, "Let's have this meeting.
662
00:39:45,903 --> 00:39:50,483
Let's provide these materials so we can
actually walk through what we know today."
663
00:39:51,233 --> 00:39:57,623
And because of that, there is no fear
on the part of any of the employees,
664
00:39:57,633 --> 00:40:01,093
to my knowledge, I should say, that
if there is a question for them that
665
00:40:01,093 --> 00:40:02,933
relates to, "Hey, can I use this way?"
666
00:40:02,933 --> 00:40:05,793
Or, "Is it okay to
enter this information?"
667
00:40:05,803 --> 00:40:10,153
Or, or maybe if they had questions on how
they were doing something previously and
668
00:40:10,153 --> 00:40:15,283
wanted to know how to change it, those--
It created an opening, for us to have
669
00:40:15,283 --> 00:40:19,763
that connection and for them to be able
to come in and say, "I have a question."
670
00:40:19,793 --> 00:40:22,093
And it was totally okay
to have a question, right?
671
00:40:22,423 --> 00:40:27,453
And it, it also opens the door to, again,
that feedback, that follow-up conversation
672
00:40:27,453 --> 00:40:30,933
where it becomes a, hey, maybe we
should have a deep dive internally,
673
00:40:30,933 --> 00:40:32,123
which we try to do once a month.
674
00:40:32,133 --> 00:40:34,703
Maybe we should have our next
deep dive on this topic, right?
675
00:40:35,083 --> 00:40:37,533
So you start to see…
676
00:40:37,823 --> 00:40:40,023
I wouldn't say missteps or, horrible.
677
00:40:40,143 --> 00:40:42,263
I haven't seen anything crazy.
678
00:40:42,563 --> 00:40:44,513
I've just seen uncertainty.
679
00:40:44,883 --> 00:40:47,893
and then, on the legal
side, the same thing.
680
00:40:48,183 --> 00:40:52,073
It's become an open door where they
can say, "Hey, this client has an
681
00:40:52,073 --> 00:40:53,873
employee in such and such a space.
682
00:40:53,903 --> 00:40:55,583
This is the question they're asking.
683
00:40:55,893 --> 00:40:58,183
Does this fall in the
legal realm, do you think?"
684
00:40:58,233 --> 00:41:00,623
and sometimes we've had to say,
"Yeah, we can't answer that question.
685
00:41:00,663 --> 00:41:01,643
That would be legal advice."
686
00:41:01,713 --> 00:41:04,293
And, we'll just let them know they
should speak to their counsel.
687
00:41:04,343 --> 00:41:07,333
and again, I'm glad they're asking
me versus inputting that even
688
00:41:07,333 --> 00:41:08,703
as a generic question into AI.
689
00:41:09,813 --> 00:41:11,983
What would you do if this
employee wanted to come back to…
690
00:41:12,013 --> 00:41:12,673
who knows?
691
00:41:13,103 --> 00:41:17,088
So it's really opened the door for kind
of connection and conversation, and I
692
00:41:17,098 --> 00:41:22,908
think that is so important to preventing
huge missteps within an organization
693
00:41:23,558 --> 00:41:24,348
Jim: Great stuff, Lindsay.
694
00:41:24,348 --> 00:41:26,928
If people wanna continue the
conversation, what's the best way
695
00:41:26,928 --> 00:41:28,038
for them to get in touch with you?
696
00:41:28,504 --> 00:41:29,170
Lindsay Castro: Oh gosh.
697
00:41:29,250 --> 00:41:32,450
I'm happy to connect
via LinkedIn, via email.
698
00:41:32,450 --> 00:41:33,590
I can provide that as well.
699
00:41:33,590 --> 00:41:37,010
But in any which way, I love having
these conversations, so I'm so grateful
700
00:41:37,010 --> 00:41:39,200
that you were, open to our doing so
701
00:41:39,850 --> 00:41:43,120
Jim: So we'll make sure that we include
your LinkedIn profile in the show
702
00:41:43,120 --> 00:41:44,560
notes, and people can reach out there.
703
00:41:44,870 --> 00:41:46,310
Speaker 3: Thanks for
hanging out with us, Lindsay.
704
00:41:46,320 --> 00:41:49,020
It was a lot of fun chatting with
you, And I think there was a lot of
705
00:41:49,020 --> 00:41:52,940
opportunity for us to dig even deeper
in certain areas, but we only have,
706
00:41:52,940 --> 00:41:55,910
an hour-long show, so I wanted to
make sure that we keep things tight.
707
00:41:56,200 --> 00:42:01,380
One of the big things that stood out
to me was your recommendation that the
708
00:42:01,720 --> 00:42:06,510
compliance guidelines or foundation
needs to be something that's more of a
709
00:42:06,520 --> 00:42:12,690
living document than a static playbook,
and I think that's pretty important
710
00:42:12,690 --> 00:42:17,480
to keep in mind, especially when we
consider that everything in the AI space
711
00:42:17,480 --> 00:42:22,180
is moving so fast, and you referenced
it yourself, that the tools and the
712
00:42:22,180 --> 00:42:26,000
capabilities are moving faster than
the policies can be put into place.
713
00:42:26,340 --> 00:42:31,270
And when we look at that pace of change,
it's important to keep in mind that
714
00:42:31,280 --> 00:42:35,030
whatever policies and guidelines and
compliance outlines that you put into
715
00:42:35,030 --> 00:42:40,780
place, you need to have wiggle room
established so that you can iterate
716
00:42:41,140 --> 00:42:45,810
and expand those policies and adjust
those policies as the technology changes
717
00:42:46,060 --> 00:42:48,110
and as the business need changes.
718
00:42:48,970 --> 00:42:52,110
The other important thing that you
mentioned in this conversation that
719
00:42:52,110 --> 00:42:55,540
stood out to me that I think is gonna be
important for other leaders to keep in
720
00:42:55,540 --> 00:43:01,030
mind is that when there is so much stuff,
from an AI perspective that's out in the
721
00:43:01,030 --> 00:43:07,030
wild, it becomes really easy to freeze and
just ignore it all and do something else.
722
00:43:07,580 --> 00:43:13,860
And your point about how it can be
overwhelming is well taken, and I think
723
00:43:13,860 --> 00:43:20,840
the solution that you gave is that if
you want to build forward momentum,
724
00:43:21,370 --> 00:43:26,400
leadership has got to take the initiative
and put things into place that allow
725
00:43:26,500 --> 00:43:30,630
people to take small experiments and
small chunks and move forward with those.
726
00:43:31,020 --> 00:43:36,210
So having leadership set the tone,
especially in an environment where
727
00:43:36,240 --> 00:43:39,320
it can seem overwhelming, is an
important lesson that everybody
728
00:43:39,320 --> 00:43:45,080
should take away and be eager to
implement in their own environments.
729
00:43:45,470 --> 00:43:48,370
So for those of you who've been listening
to this conversation, we appreciate
730
00:43:48,370 --> 00:43:51,460
you hanging out and and taking it in.
731
00:43:51,800 --> 00:43:55,330
If you like the discussion, make sure
you leave us a five-star review on your
732
00:43:55,330 --> 00:43:58,980
favorite podcast player, and then tune
in next time where we'll have another
733
00:43:58,980 --> 00:44:04,250
leader sharing their insights on how
they're using AI to future-proof HR.