In a speech delivered late last month, Nicole Argentieri, head of the Criminal Division of the US Department of Justice (DOJ), announced that the DOJ had updated its corporate compliance guidance to address the risks associated with AI, as reported by the Wall Street Journal.
Under the new guidelines, prosecutors will consider how companies manage both the benefits and risks of AI when assessing their corporate compliance programs. The revisions also highlight the importance of using data and technology to strengthen compliance programs. The new guidelines make clear that if companies use advanced data analytics in other departments but neglect compliance, they may face scrutiny. “The government is trying to push for more quality over just ticking the boxes,” said Steve Solow, a former federal prosecutor who advises on compliance.
Alongside the new directives related to AI, the guidance emphasizes new questions prosecutors may ask about whistleblower protections and encouraging a speak up culture. Companies should expect to answer as to how they ensure that employees feel safe to speak up, what anti-retaliation policies are in place, and how employees who speak up are treated in comparison to those who stay silent. These changes are closely related to a recently announced DOJ program that offers monetary rewards to whistleblowers who report specific types of misconduct.
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