AI incidents are different from ordinary IT incidents. They include harmful or wrong output (a chatbot giving false information), data leakage through prompts or outputs, biased or unlawful decisions, IP complaints about generated content, and misuse of the company's AI by others.
Legal's questions in the first 48 hours
- What happened, to whom, and is it still happening? Can the AI be paused or rolled back?
- Privilege: should the investigation be run at the direction of counsel? Who is in the privileged group?
- Notification: do data protection, sector, contractual or AI-law duties require notice to regulators, customers or individuals, and by when?
- Preservation: preserve prompts, outputs, model versions, logs and configuration.
- Contracts: which vendor is involved, what do the contracts say about cooperation, indemnity and audit?
- Communications: what do we say, and who says it?
Prepare before it happens
- Add an AI annex to the incident response plan, with legal's role defined.
- Make sure AI systems log enough to investigate.
- Run a tabletop exercise with security, the AI owner and communications.
- Keep a register of AI incidents and near-misses, and feed lessons into the policy and contracts.
Bias incidents
AI used in decisions about people can breach anti-discrimination law even if nobody intended it. Regular testing and a human-review path are both prevention and evidence.