OAG_Vendor_AI_Questionnaire - DO NOT FILL OUT - REFERENCE DOCUMENT ONLY.xlsx
XLSX spreadsheet 71 KB Posted
- Solicitation number
- 2137398
- Issued by
- Albany County, Albany City, New York
About this file
This document is a Generative AI Vendor Evaluation and Qualitative Risk Assessment questionnaire developed by the New York State Attorney General's Office (OAG) to evaluate third-party vendors providing generative AI products or services. The assessment model is structured in four primary phases: risk analysis across five domains (use of generative AI, business integration, use of confidential data, business resiliency, and regulatory/compliance exposure), adjustment of due diligence questions for internal stakeholder review, adjustment of vendor questionnaire questions, and compilation of final assessment findings. The questionnaire is designed as a reference document for assessing vendors and is not intended to be completed by external parties. Questionnaire responses address eight major domains including general discovery, data privacy and retention, model training and validation, information security, technology integration, Nth party risk, and legal and regulatory compliance. The assessment framework utilizes a three-level risk categorization system that determines which questionnaire depth (Level 1, 2, or 3) is appropriate for vendor evaluation, with higher risk scenarios triggering more comprehensive due diligence requirements.
The questionnaire template includes 73 questions distributed across internal stakeholder and vendor assessment sections, with questions either included or excluded based on assessed risk levels and organizational needs. Assessment questions address critical areas including data handling practices, foundational model specifications, security testing protocols, subcontractor disclosure requirements, intellectual property ownership, liability assumptions, indemnification provisions, service level agreements, and data deletion capabilities upon contract termination. The document version dated November 2023 provides instructions for formatting, archiving, and filtering assessment results, with guidance for converting assessments to PDF format for record-keeping. The template includes sections for documenting business justification, use case categorization, compliance with internal policies, vendor regulatory compliance capabilities, and potential exposure to copyrighted or protected information in AI-generated outputs. No pricing information, contract terms, or incumbent vendor details are specified in this reference document, as it serves as an evaluation methodology rather than a procurement announcement or completed assessment.
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1- Assessment Model OAG Generative AI - Vendor Evaluation and Qualitative Risk Assessment
Enter Vendor Information
| Third-Party Name: |
| Website: |
| Product/Service: |
| Date Completed: |
STEP 2 - Complete the Risk Analysis to Determine a Due Diligence Plan
| Domains / Risk | 1-Low | 2-Moderate | 3-High | Choose Estimated Risk Level | |
| 1 | Use of Generative AI (GenAI) | 1L. Your organization is exploring the functionality of generative AI for educational purposes or R&D. | 1M. Your organization's use of GenAI is limited to vendors who integrate generative AI technology as a secondary/supplemental service. | 1H. Your organization's intended use of GenAI aligns with: 1) Utilizing the GenAI to generate influential content for customers; or 2) Developing a custom application that relies on a publicly available generative AI model for core functionality; or 3) Utilizing the GenAI to assist in code generation, or 4) Utilizing the GenAI to provide financial guidance to customers (regardless if human review) | 3 |
| 2 | Business Integration | 2L. The GenAI outputs are not integrated with business processes. | 2M. The GenAI outputs may be integrated with business processes. | 2H. The GenAI outputs are integrated with business processes or critical non-financial business processes. | 2 |
| 3 | Use of Confidential Data | 3L. No customer or company confidential information is used as inputs or is otherwise stored, processed, or transmitted by the system. | 3M. No confidential data is used as inputs/prompts but inputs may include confidential company data. Agency data is not used to train the foundational model. | 3H. There is a high probability that customer or company confidential information will be used as inputs/prompts, is used to train the foundational model, or is otherwise stored, processed, or transmitted by the system. | 1 |
| 4 | Business Resiliency | 4L. Downtime of the GenAI functionality will not affect business operations. | 4M. Downtime of the GenAI functionality will not materially impact business operations. Reversion from GenAI to human-driven activity is cost-effective and achievable within an acceptable period of time. | 4H. Downtime could materially impact business operations. Reversion from GenAI to human-driven activity is prohibitive from a cost and/or personnel perspective, or is not possible. | 2 |
| 5 | Potential for Regulatory, Compliance, Reputation, or Operational Exposure | 5L. Low potential for regulatory, compliance, or operational exposure resulting from your organization's use of generative AI. | 5M. Moderate potential for regulatory, compliance, or operational exposure resulting from your organization's use of generative AI. | 5H. High potential for regulatory, compliance, or operational exposure could result from your organization's use of generative AI. | 3 |
| Recommended Due Diligence Plan | 3 |
STEP 3 - Accept or Adjust the Due Diligence Questions that Will Appear in Internal Stakeholder Questionnaire
| Instructions: Select INCLUDE to include a question in the level 1, 2, or 3 internal stakeholder questionnaire. Select EXCLUDE to exclude the question. You may change the settings to suit the needs of your organization. | |||||
| Questions for Internal Stakeholders | Level 1 | Level 2 | Level 3 | Guidance | |
| 1 | What is the business justification for generative AI? | INCLUDE | INCLUDE | INCLUDE | Free form |
| 2 | What is the intended use case for generative AI? | INCLUDE | INCLUDE | INCLUDE | Educational; R&D; Secondary feature or supplemental service; Generate content for casework; Internally developed application; Code generation; Legal guidance to public |
| 3 | Will the generative AI service be accessible outside the agency? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4 | [IF YES] Have we communicated with counsel that we will be incorporating generative AI services into our offerings? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 5 | Does the use case comply with internal policies or standards related to generative AI? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 6 | Do we have any contractual limitations/restrictions that prohibit the use of generative AI with customers, business partners, or otherwise integrating into our services? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7 | Do we need to amend contracts or Terms and Conditions to limit our liability resulting from use of generative AI services? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 8 | Does the use case of this engagement include the use of any artificial intelligence (AI) or generative AI functions to facilitate the completion of their services? | EXCLUDE | EXCLUDE | EXCLUDE | Yes, No, Undetermined |
| 9 | [IF YES] Please describe how you expect the third party to use AI to facilitate their services, including any specific AI technologies or vendors (if known). If you are unsure, or if the possible use of AI has not been finalized, please describe the possible scope or determining factors. | INCLUDE | INCLUDE | INCLUDE | Free form |
| 10 | [IF YES] Will the third party use a private AI solution (i.e. not accessible to the public), or will the third party be using publicly accessible AI solution / tools? | INCLUDE | INCLUDE | INCLUDE | Private, Public, Unsure |
| 11 | Can or does the vendor comply with all appropriate laws, rules, and regulations pertaining to the Company? | INCLUDE | INCLUDE | INCLUDE | Yes, Partially, No, Undetermined |
STEP 4 - Accept or Adjust the Due Diligence Questions that Will Appear in the Vendor Questionnaire
| Instructions: Select INCLUDE to include a question in the level 1, 2, or 3 internal stakeholder questionnaire. Select EXCLUDE to exclude the question. You may change the settings to suit the needs of your organization. | |||||
| 1.0 | General (Discovery) | Level 1 | Level 2 | Level 3 | Guidance |
| 1.1 | Does your organization leverage generative AI? | INCLUDE | INCLUDE | INCLUDE | Yes - for product or service, Yes - for business development, Yes - for predictions based on patterns, Yes - Other (Use comments to describe) |
| 1.2 | Does your organization use generative AI in support of services provided to our Company? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 1.3 | IN THE VENDOR QUESTIONNAIRE, THIS LINE IS USED TO DISPLAY THE PROCEED/DO NOT PROCEED DECISION BASED ON THE VENDOR'S ANSWERS TO 1.1 AND 1.2 | ||||
| 1.4 | [IF YES to 1.1 or 1.2] In what ways will our purchased product depend on generative AI? | INCLUDE | INCLUDE | INCLUDE | Not dependent, Highly dependent, Key features only, Secondary features only |
| 1.5 | [IF YES to 1.1 or 1.2] Will the use of generative AI support any customer interactions or services? | INCLUDE | INCLUDE | INCLUDE | Yes, No |
| 2.0 | Data Privacy, Retention and Deletion | Level 1 | Level 2 | Level 3 | Guidance |
| 2.1 | Will our Company's use of your product remain anonymous? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.2 | Does your product offer transparent notice to an end user that they will be interacting with a generative AI system? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.3 | Is there an option to opt out of the generative AI features? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.4 | [IF YES] Who has the option to opt out? | INCLUDE | INCLUDE | INCLUDE | Individual users, Entire organization, Both |
| 2.5 | [IF YES] If an end user opts to not use the generative artificial intelligence portion(s) of your product, to what degree will your product still function? | INCLUDE | INCLUDE | INCLUDE | Primary functionality remains, It will not function, Functionality will be limited, No opt-out available, Undetermined |
| 2.6 | Will data we input into the model be used to train the model? | EXCLUDE | INCLUDE | INCLUDE | Yes-Global, Yes-Your Instance Only, No, Optional-Global Setting, Optional-Your Instance Only, Optional-Per User, Undetermined |
| 2.7 | [IF YES] Can you provide evidence that opt outs have been removed? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 2.8 | Are prompts attributable to specific users or organizations (when no identifying information is included in the prompt)? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.9 | [IF NO] Can you provide evidence of the controls used to prevent attribution? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.10 | Will our inputs to the model remain segmented from that of other companies? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.11 | Does the vendor moderate prompts (inputs) for the purpose of evaluating inappropriate content or bias? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.12 | Are there different data retention polices for the user interface versus the API? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.13 | How long will our inputs/prompts be retained if submitted via the user interface? | EXCLUDE | INCLUDE | INCLUDE | No retention, <30 days, >30 days, Indefinitely, Undetermined |
| 2.14 | How long will our inputs/prompts be retained if submitted via the API? | EXCLUDE | INCLUDE | INCLUDE | No retention, <30 days, >30 days, Indefinitely, Undetermined |
| 2.15 | [IF RETAINED] Is the data retention period configurable? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.16 | [IF RETAINED] Can our data be deleted on request, even if temporarily retained? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.17 | Where will our data reside? | EXCLUDE | INCLUDE | INCLUDE | Directly with vendor, With vendor 4th party, With vendor Nth party, Undetermined |
| 2.18 | Do we have the option to choose country residency for our data? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.19 | Will our data traverse international boundaries? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.20 | Do we have the option to restrict usage of the generative AI platform by region or country? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 2.21 | Will personally identifiable information sent to your product be anonymized? | EXCLUDE | EXCLUDE | INCLUDE | Yes, No, Undetermined |
| 3.0 | Model Training, Validation, and Maintenance | Level 1 | Level 2 | Level 3 | Guidance |
| 3.1 | What foundational model is used? | EXCLUDE | INCLUDE | INCLUDE | Licensed Proprietary, Open Source, Undetermined |
| 3.2 | Will you provide the common name of the foundational model? (e.g. GPT-3.5, LLAMA, etc.) | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 3.3 | Does the generative AI feature rely on a Large Language Model (LLM)? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 3.4 | [IF YES] Is the product's LLM trained on an open or closed model? | EXCLUDE | INCLUDE | INCLUDE | Open, Closed, Undetermined |
| 3.5 | Do you have controls in place to ensure the foundational model was not trained with prohibited or biased content? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Nth Party, Undetermined |
| 3.6 | Do you check the provenance of the data in the training set to ensure its use is permitted? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 3.7 | Is the model data de-identified, aggregated, and anonymized? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 3.8 | Does your model training process include human re-enforcement? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 3.9 | Do you publish a change log for the model? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 3.10 | Have you performed any independent audits or validation of AI model outputs? | EXCLUDE | EXCLUDE | INCLUDE | Yes, No, Undetermined |
| 3.11 | [IF YES] Are you willing to share those results? | EXCLUDE | EXCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 3.12 | [IF YES] What is the frequency of model validation and testing? | EXCLUDE | EXCLUDE | INCLUDE | Continuous, Each major release, Annually, Other |
| 4.0 | Information Security | Level 1 | Level 2 | Level 3 | Guidance |
| 4.1 | Are penetration tests or other types of security assessments conducted on the model? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4.2 | [IF YES] Do you regularly share / post the results of these independent tests? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 4.3 | [IF YES] What is the frequency of model validation and testing? | INCLUDE | INCLUDE | INCLUDE | Continuous, Each major release, Annually, Other |
| 4.4 | Are we permitted to test the model controls using prompt engineering techniques? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4.5 | Does the AI system or provider have change/release management processes to identify, reduce/mitigate, and manage toxic outputs, hallucinations, and biases during system development and operation? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Partial, Undetermined |
| 4.6 | Do you ensure that third-party libraries and components integrated into the AI system are current and secure? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Partial, Undetermined |
| 4.7 | Are you able to provide evidence of the implementation, effectiveness, and maintenance of security controls within the AI system? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4.8 | Do you maintain evidence of baseline configurations and any subsequent changes made to the AI system? | EXCLUDE | INCLUDE | INCLUDE | Yes (Able to Provide), Yes (Unable to Provide), No, Undetermined |
| 4.9 | Do you log security-related events (unplanned or externally initiated event) in the AI system? (e.g. breaches, exfiltration of data, attempted exploits) | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4.10 | Is there a formalized training to ensure stakeholders remain current on best practices, emerging threats, and risks associated with AI? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4.11 | What measures are in place to prevent unintentional leakage of private or sensitive information? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4.12 | Are safeguards implemented to protect the AI system agaInst malicious input or prompt injections? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 4.13 | Do you maintain a configuration management plan, and can you provide evidence of its implementation? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 5.0 | Technology Integration | Level 1 | Level 2 | Level 3 | Guidance |
| 5.1 | Can the generative AI system be integrated via an API? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 5.2 | Do you offer private (in-house) and public options for use of the generative AI system? | EXCLUDE | INCLUDE | INCLUDE | Private and Public, Public only, Undetermined |
| 5.3 | Do you allow third parties to develop plugins or add-ons for sale to the public? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 5.4 | [IF YES] Do you publish standards for developers? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 5.5 | [IF YES] Do you review the plugins or add-ons before publication to ensure they meet the same security standards as your AI solution? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 6.0 | Nth Party Risk/Usage | Level 1 | Level 2 | Level 3 | Guidance |
| 6.1 | Do you utilize subcontractors in the development of or support of your generative AI system? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 6.2 | [IF YES] Will you disclose the subcontractors who support the platform? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 6.3 | Will subcontractors have access to any of our data that we submit to the generative AI system, or that has been captured in logs? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 6.4 | [IF YES] Do you have a Third Party Risk Management (TPRM) policy by which you have assessed those subcontractors? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 6.5 | Is the generative AI service delivered via a cloud service provider (CSP)? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 6.6 | [IF YES] Which one? | INCLUDE | INCLUDE | INCLUDE | Microsoft Azure, Amazon Web Services (AWS), Google Cloud Platform (GCP), Other, N/A |
| 6.7 | [IF YES] Is the same CSP used for failover / disaster recovery purposes? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined, N/A |
| 6.8 | Will you disclose the critical subservice providers that support the platform? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.0 | Legal, Regulatory, and Compliance | Level 1 | Level 2 | Level 3 | Guidance |
| 7.1 | Will you disclose future discoveries in the model that may materially impact the output? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.2 | Is the AI model continuously scanned (security scans, bias scans, etc.)? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.3 | Do you maintain policies and procedures related to user privacy, biases, and explainability? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.4 | Are your services compliant with relevant data protection regulations (e.g., GDPR, HIPAA) and industry-specific regulations (e.g., finance, healthcare)? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.5 | Can you provide documentation of compliance or audits? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.6 | Is your service compliant with regulations such as GLBA, CCPA, GDPR, or other data protection laws/regs regarding the handling of personal identifying information? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.7 | Do you have a Data Processing Agreement (DPA) that outlines data protection responsibilities? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.8 | Who owns the data generated by the generative AI system? | INCLUDE | INCLUDE | INCLUDE | Customer, Vendor, Depends on the Input or Output, Undetermined |
| 7.9 | Is ownership clearly defined in the Terms and Conditions? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.10 | Are there any restrictions on how we can use the AI-generated content? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.11 | Is there any potential that copyrighted or other protected information could be produced as outputs from the generative AI systems? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.12 | Do you provide mechanisms to trace or audit the AI-generated results? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.13 | Do you assume liability in the event that the output of the generative AI system contradicts laws or regulations? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.14 | Is there an indemnification clause in the contract to protect clients in such situations? | INCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.15 | Do you provide guaranteed SLAs for uptime of the generative AI service? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.18 | Is there a subcontractor disclosure provision in the contract? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
| 7.19 | Should we need to terminate the relationship, will you be able to remove our data from your generative AI system in a reasonable period of time? | EXCLUDE | INCLUDE | INCLUDE | Yes, No, Undetermined |
v.2023.11.13
2 - Stakeholder Questionnaire
| OAG Generative AI - Internal Stakeholder Questionnaire | ||||
| Level 3 | ||||
| For Use by Assessment Administrator: | ||||
| Was the Internal Stakeholder Questionnaire Used in this Assessment? | Yes | Reason not used: | ||
| Third-Party Name: | 0 | |||
| Website: | 0 | |||
| Product/Service: | 0 | |||
| Instructions: | ||||
| Use the Comments field to add relevant details, including the name of the individual proving the response. | ||||
| If some questions appear partially hidden, highlight Column B and select Home > Format > Auto Fit Row Height. | ||||
| For Internal Use | Response | Comments | ||
| 1 | What is the business justification for generative AI? | [use comments] | ||
| 2 | What is the intended use case for generative AI? | Select one… | ||
| 3 | Will the generative AI service be accessible outside the agency? | Select one… | ||
| 4 | [IF YES] Have we communicated with counsel that we will be incorporating generative AI services into our offerings? | Select one… | ||
| 5 | Does the use case comply with internal policies or standards related to generative AI? | Select one… | ||
| 6 | Do we have any contractual limitations/restrictions that prohibit the use of generative AI with customers, business partners, or otherwise integrating into our services? | Select one… | ||
| 7 | Do we need to amend contracts or Terms and Conditions to limit our liability resulting from use of generative AI services? | Select one… | ||
| 8 | EXCLUDED | Select one… | ||
| 9 | [IF YES] Please describe how you expect the third party to use AI to facilitate their services, including any specific AI technologies or vendors (if known). If you are unsure, or if the possible use of AI has not been finalized, please describe the possible scope or determining factors. | [use comments] | ||
| 10 | [IF YES] Will the third party use a private AI solution (i.e. not accessible to the public), or will the third party be using publicly accessible AI solution / tools? | Select one… | ||
| 11 | Can or does the vendor comply with all appropriate laws, rules, and regulations pertaining to the Company? | Select one… |
v.2023.10.14
Data
| Educational | Internally developed application | Code generation | Legal guidance to public |
| R&D | |||
| Secondary feature or supplemental service | |||
| Generate content or analysis | |||
| Internally developed application | |||
| Code generation | |||
| Legal guidance to public |
3 - Vendor Questionnaire
| OAG Generative AI - Vendor Questionnaire | |||
| Level 3 | |||
| Third-Party Name: | 0 | ||
| Website: | 0 | ||
| Product/Service: | 0 | ||
| Instructions: | |||
| Use the Comments field to add relevant details. | |||
| If some questions appear partially hidden, highlight Column B and select Home>Format>Auto Fit Row Height. | |||
| Domain | Response | Comments | |
| 1.0 | General (Discovery) | ||
| 1.1 | Does your organization leverage generative AI? | ||
| 1.2 | Does your organization use generative AI in support of services provided to our Company? | ||
| 1.3 | Generative AI in use: Please complete the rest of the questionnaire. | ||
| 1.4 | [IF YES to 1.1 or 1.2] In what ways will our purchased product depend on generative AI? | ||
| 1.5 | [IF YES to 1.1 or 1.2] Will the use of generative AI support any customer interactions or services? | ||
| 2.0 | Data Privacy, Retention, and Deletion | ||
| 2.1 | Will our Company's use of your product remain anonymous? | ||
| 2.2 | Does your product offer transparent notice to an end user that they will be interacting with a generative AI system? | ||
| 2.3 | Is there an option to opt out of the generative AI features? | ||
| 2.4 | [IF YES] Who has the option to opt out? | ||
| 2.5 | [IF YES] If an end user opts to not use the generative artificial intelligence portion(s) of your product, to what degree will your product still function? | ||
| 2.6 | Will data we input into the model be used to train the model? | ||
| 2.7 | [IF YES] Can you provide evidence that opt outs have been removed? | ||
| 2.8 | Are prompts attributable to specific users or organizations (when no identifying information is included in the prompt)? | ||
| 2.9 | [IF NO] Can you provide evidence of the controls used to prevent attribution? | ||
| 2.10 | Will our inputs to the model remain segmented from that of other companies? | ||
| 2.11 | Does the vendor moderate prompts (inputs) for the purpose of evaluating inappropriate content or bias? | ||
| 2.12 | Are there different data retention polices for the user interface versus the API? | ||
| 2.13 | How long will our inputs/prompts be retained if submitted via the user interface? | ||
| 2.14 | How long will our inputs/prompts be retained if submitted via the API? | ||
| 2.15 | [IF RETAINED] Is the data retention period configurable? | ||
| 2.16 | [IF RETAINED] Can our data be deleted on request, even if temporarily retained? | ||
| 2.17 | Where will our data reside? | ||
| 2.18 | Do we have the option to choose country residency for our data? | ||
| 2.19 | Will our data traverse international boundaries? | ||
| 2.20 | Do we have the option to restrict usage of the generative AI platform by region or country? | ||
| 2.21 | Will personally identifiable information sent to your product be anonymized? | ||
| 3.0 | Model Training, Validation, and Maintenance | ||
| 3.1 | What foundational model is used? | ||
| 3.2 | Will you provide the common name of the foundational model? (e.g. GPT-3.5, LLAMA, etc.) | ||
| 3.3 | Does the generative AI feature rely on a Large Language Model (LLM)? | ||
| 3.4 | [IF YES] Is the product's LLM trained on an open or closed model? | ||
| 3.5 | Do you have controls in place to ensure the foundational model was not trained with prohibited or biased content? | ||
| 3.6 | Do you check the provenance of the data in the training set to ensure its use is permitted? | ||
| 3.7 | Is the model data de-identified, aggregated, and anonymized? | ||
| 3.8 | Does your model training process include human re-enforcement? | ||
| 3.9 | Do you publish a change log for the model? | ||
| 3.10 | Have you performed any independent audits or validation of AI model outputs? | ||
| 3.11 | [IF YES] Are you willing to share those results? | ||
| 3.12 | [IF YES] What is the frequency of model validation and testing? | ||
| 4.0 | Information Security | ||
| 4.1 | Are penetration tests or other types of security assessments conducted on the model? | ||
| 4.2 | [IF YES] Do you regularly share / post the results of these independent tests? | ||
| 4.3 | [IF YES] What is the frequency of model validation and testing? | ||
| 4.4 | Are we permitted to test the model controls using prompt engineering techniques? | ||
| 4.5 | Does the AI system or provider have change/release management processes to identify, reduce/mitigate, and manage toxic outputs, hallucinations, and biases during system development and operation? | ||
| 4.6 | Do you ensure that third-party libraries and components integrated into the AI system are current and secure? | ||
| 4.7 | Are you able to provide evidence of the implementation, effectiveness, and maintenance of security controls within the AI system? | ||
| 4.8 | Do you maintain evidence of baseline configurations and any subsequent changes made to the AI system? | ||
| 4.9 | Do you log security-related events (unplanned or externally initiated event) in the AI system? (e.g. breaches, exfiltration of data, attempted exploits) | ||
| 4.10 | Is there a formalized training to ensure stakeholders remain current on best practices, emerging threats, and risks associated with AI? | ||
| 4.11 | What measures are in place to prevent unintentional leakage of private or sensitive information? | ||
| 4.12 | Are safeguards implemented to protect the AI system agaInst malicious input or prompt injections? | ||
| 4.13 | Do you maintain a configuration management plan, and can you provide evidence of its implementation? | ||
| 5.0 | Technology Integration | ||
| 5.1 | Can the generative AI system be integrated via an API? | ||
| 5.2 | Do you offer private (in-house) and public options for use of the generative AI system? | ||
| 5.3 | Do you allow third parties to develop plugins or add-ons for sale to the public? | ||
| 5.4 | [IF YES] Do you publish standards for developers? | ||
| 5.5 | [IF YES] Do you review the plugins or add-ons before publication to ensure they meet the same security standards as your AI solution? | ||
| 6.0 | Nth Party Risk / Usage | ||
| 6.1 | Do you utilize subcontractors in the development of or support of your generative AI system? | ||
| 6.2 | [IF YES] Will you disclose the subcontractors who support the platform? | ||
| 6.3 | Will subcontractors have access to any of our data that we submit to the generative AI system, or that has been captured in logs? | ||
| 6.4 | [IF YES] Do you have a Third Party Risk Management (TPRM) policy by which you have assessed those subcontractors? | ||
| 6.5 | Is the generative AI service delivered via a cloud service provider (CSP)? | ||
| 6.6 | [IF YES] Which one? | ||
| 6.7 | [IF YES] Is the same CSP used for failover / disaster recovery purposes? | ||
| 6.8 | Will you disclose the critical subservice providers that support the platform? | ||
| 7.0 | Legal, Regulatory, and Compliance | ||
| 7.1 | Will you disclose future discoveries in the model that may materially impact the output? | ||
| 7.2 | Is the AI model continuously scanned (security scans, bias scans, etc.)? | ||
| 7.3 | Do you maintain policies and procedures related to user privacy, biases, and explainability? | ||
| 7.4 | Are your services compliant with relevant data protection regulations (e.g., GDPR, HIPAA) and industry-specific regulations (e.g., finance, healthcare)? | ||
| 7.5 | Can you provide documentation of compliance or audits? | ||
| 7.6 | Is your service compliant with regulations such as GLBA, CCPA, GDPR, or other data protection laws/regs regarding the handling of personal identifying information? | ||
| 7.7 | Do you have a Data Processing Agreement (DPA) that outlines data protection responsibilities? | ||
| 7.8 | Who owns the data generated by the generative AI system? | ||
| 7.9 | Is ownership clearly defined in the Terms and Conditions? | ||
| 7.10 | Are there any restrictions on how we can use the AI-generated content? | ||
| 7.11 | Is there any potential that copyrighted or other protected information could be produced as outputs from the generative AI systems? | ||
| 7.12 | Do you provide mechanisms to trace or audit the AI-generated results? | ||
| 7.13 | Do you assume liability in the event that the output of the generative AI system contradicts laws or regulations? | ||
| 7.14 | Is there an indemnification clause in the contract to protect clients in such situations? | ||
| 7.15 | Do you provide guaranteed SLAs for uptime of the generative AI service? | ||
| 7.18 | Is there a subcontractor disclosure provision in the contract? | ||
| 7.19 | Should we need to terminate the relationship, will you be able to remove our data from your generative AI system in a reasonable period of time? |
Final Report
| OAG Generative AI - Vendor Evaluation and Qualitative Risk Assessment | ||
| Third-Party Name: | 0 | |
| Website: | 0 | |
| Product/Service: | 0 | |
| Date Completed: | 12/31/99 | |
| Tips for Formatting and Archiving This Report: | ||
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| Hide Excluded questions: Using the filter on Internal Stakeholders Responses cell, uncheck "EXCLUDED" to hide any questions excluded from all sections of the assessment. | ||
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| I. Table of Contents | |||
| II. Risk Analysis | |||
| III. Internal Stakeholder Responses | |||
| IV. Vendor Responses | |||
| 1.0. General (Discovery) | |||
| 2.0. Data Privacy, Retention, and Deletion | |||
| 3.0. Model Training, Validation, and Maintenance | |||
| 4.0. Information Security | |||
| 5.0. Technology Integration | |||
| 6.0. Nth Party Risk / Usage | |||
| 7.0. Legal, Regulatory, and Compliance | |||
| V. Additional Considerations | |||
| II. Risk Analysis | |||
| The following risk analysis was used to determine the scope of due diligence and is not a final determination of risk to the organization. | |||
| Domain | Risk | Selected Scenario (Determines Risk) | |
| 1 | Use of Generative AI (GenAI) | HIGH | 1H. Your organization's intended use of GenAI aligns with: 1) Utilizing the GenAI to generate influential content for customers; or 2) Developing a custom application that relies on a publicly available generative AI model for core functionality; or 3) Utilizing the GenAI to assist in code generation, or 4) Utilizing the GenAI to provide financial guidance to customers (regardless if human review) |
| 2 | Business Integration | MODERATE | 2M. The GenAI outputs may be integrated with business processes. |
| 3 | Use of Confidential Data | LOW | 3L. No customer or company confidential information is used as inputs or is otherwise stored, processed, or transmitted by the system. |
| 4 | Business Resiliency | MODERATE | 4M. Downtime of the GenAI functionality will not materially impact business operations. Reversion from GenAI to human-driven activity is cost-effective and achievable within an acceptable period of time. |
| Based on the above Risk Analysis, the Level 3 questionnaire was sent to the vendor. The vendor's responses are shown below. |
| III. Internal Stakeholder Responses | |
| Following are the questions submitted to internal stakeholders, their responses, and additional comments. |
| Question | Responses | Comments | |
| 1 | What is the business justification for generative AI? | [use comments] | No comments provided |
| 2 | What is the intended use case for generative AI? | Select one… | No comments provided |
| 3 | Will the generative AI service be accessible outside the agency? | Select one… | No comments provided |
| 4 | [IF YES] Have we communicated with counsel that we will be incorporating generative AI services into our offerings? | Select one… | No comments provided |
| 5 | Does the use case comply with internal policies or standards related to generative AI? | Select one… | No comments provided |
| 6 | Do we have any contractual limitations/restrictions that prohibit the use of generative AI with customers, business partners, or otherwise integrating into our services? | Select one… | No comments provided |
| 7 | Do we need to amend contracts or Terms and Conditions to limit our liability resulting from use of generative AI services? | Select one… | No comments provided |
| 8 | EXCLUDED | Select one… | No comments provided |
| 9 | [IF YES] Please describe how you expect the third party to use AI to facilitate their services, including any specific AI technologies or vendors (if known). If you are unsure, or if the possible use of AI has not been finalized, please describe the possible scope or determining factors. | [use comments] | No comments provided |
| 10 | [IF YES] Will the third party use a private AI solution (i.e. not accessible to the public), or will the third party be using publicly accessible AI solution / tools? | Select one… | No comments provided |
| 11 | Can or does the vendor comply with all appropriate laws, rules, and regulations pertaining to the Company? | Select one… | No comments provided |
| IV. Vendor Responses | |||
| Following are the questions submitted to the vendor, the vendor's responses, and additional comments. | |||
| 1.0 | General (Discovery) | Responses | Comments |
| 1.1 | Does your organization leverage generative AI? | 0 | No comments provided |
| 1.2 | Does your organization use generative AI in support of services provided to our Company? | 0 | No comments provided |
| 1.3 | Generative AI in use: Please complete the rest of the questionnaire. | ||
| 1.4 | [IF YES to 1.1 or 1.2] In what ways will our purchased product depend on generative AI? | 0 | No comments provided |
| 1.5 | [IF YES to 1.1 or 1.2] Will the use of generative AI support any customer interactions or services? | 0 | No comments provided |
| 2.0 | Data Privacy, Retention, and Deletion | Responses | Comments |
| 2.1 | Will our Company's use of your product remain anonymous? | 0 | No comments provided |
| 2.2 | Does your product offer transparent notice to an end user that they will be interacting with a generative AI system? | 0 | No comments provided |
| 2.3 | Is there an option to opt out of the generative AI features? | 0 | No comments provided |
| 2.4 | [IF YES] Who has the option to opt out? | 0 | No comments provided |
| 2.5 | [IF YES] If an end user opts to not use the generative artificial intelligence portion(s) of your product, to what degree will your product still function? | 0 | No comments provided |
| 2.6 | Will data we input into the model be used to train the model? | 0 | No comments provided |
| 2.7 | [IF YES] Can you provide evidence that opt outs have been removed? | 0 | No comments provided |
| 2.8 | Are prompts attributable to specific users or organizations (when no identifying information is included in the prompt)? | 0 | No comments provided |
| 2.9 | [IF NO] Can you provide evidence of the controls used to prevent attribution? | 0 | No comments provided |
| 2.10 | Will our inputs to the model remain segmented from that of other companies? | 0 | No comments provided |
| 2.11 | Does the vendor moderate prompts (inputs) for the purpose of evaluating inappropriate content or bias? | 0 | No comments provided |
| 2.12 | Are there different data retention polices for the user interface versus the API? | 0 | No comments provided |
| 2.13 | How long will our inputs/prompts be retained if submitted via the user interface? | 0 | No comments provided |
| 2.14 | How long will our inputs/prompts be retained if submitted via the API? | 0 | No comments provided |
| 2.15 | [IF RETAINED] Is the data retention period configurable? | 0 | No comments provided |
| 2.16 | [IF RETAINED] Can our data be deleted on request, even if temporarily retained? | 0 | No comments provided |
| 2.17 | Where will our data reside? | 0 | No comments provided |
| 2.18 | Do we have the option to choose country residency for our data? | 0 | No comments provided |
| 2.19 | Will our data traverse international boundaries? | 0 | No comments provided |
| 2.20 | Do we have the option to restrict usage of the generative AI platform by region or country? | 0 | No comments provided |
| 2.21 | Will personally identifiable information sent to your product be anonymized? | 0 | No comments provided |
| 3.0 | Model Training, Validation, and Maintenance | Responses | Comments |
| 3.1 | What foundational model is used? | 0 | No comments provided |
| 3.2 | Will you provide the common name of the foundational model? (e.g. GPT-3.5, LLAMA, etc.) | 0 | No comments provided |
| 3.3 | Does the generative AI feature rely on a Large Language Model (LLM)? | 0 | No comments provided |
| 3.4 | [IF YES] Is the product's LLM trained on an open or closed model? | 0 | No comments provided |
| 3.5 | Do you have controls in place to ensure the foundational model was not trained with prohibited or biased content? | 0 | No comments provided |
| 3.6 | Do you check the provenance of the data in the training set to ensure its use is permitted? | 0 | No comments provided |
| 3.7 | Is the model data de-identified, aggregated, and anonymized? | 0 | No comments provided |
| 3.8 | Does your model training process include human re-enforcement? | 0 | No comments provided |
| 3.9 | Do you publish a change log for the model? | 0 | No comments provided |
| 3.10 | Have you performed any independent audits or validation of AI model outputs? | 0 | No comments provided |
| 3.11 | [IF YES] Are you willing to share those results? | 0 | No comments provided |
| 3.12 | [IF YES] What is the frequency of model validation and testing? | 0 | No comments provided |
| 4.0 | Information Security | Responses | Comments |
| 4.1 | Are penetration tests or other types of security assessments conducted on the model? | 0 | No comments provided |
| 4.2 | [IF YES] Do you regularly share / post the results of these independent tests? | 0 | No comments provided |
| 4.3 | [IF YES] What is the frequency of model validation and testing? | 0 | No comments provided |
| 4.4 | Are we permitted to test the model controls using prompt engineering techniques? | 0 | No comments provided |
| 4.5 | Does the AI system or provider have change/release management processes to identify, reduce/mitigate, and manage toxic outputs, hallucinations, and biases during system development and operation? | 0 | No comments provided |
| 4.6 | Do you ensure that third-party libraries and components integrated into the AI system are current and secure? | 0 | No comments provided |
| 4.7 | Are you able to provide evidence of the implementation, effectiveness, and maintenance of security controls within the AI system? | 0 | No comments provided |
| 4.8 | Do you maintain evidence of baseline configurations and any subsequent changes made to the AI system? | 0 | No comments provided |
| 4.9 | Do you log security-related events (unplanned or externally initiated event) in the AI system? (e.g. breaches, exfiltration of data, attempted exploits) | 0 | No comments provided |
| 4.10 | Is there a formalized training to ensure stakeholders remain current on best practices, emerging threats, and risks associated with AI? | 0 | No comments provided |
| 4.11 | What measures are in place to prevent unintentional leakage of private or sensitive information? | 0 | No comments provided |
| 4.12 | Are safeguards implemented to protect the AI system agaInst malicious input or prompt injections? | 0 | No comments provided |
| 4.13 | Do you maintain a configuration management plan, and can you provide evidence of its implementation? | 0 | No comments provided |
| 5.0 | Technology Integration | Responses | Comments |
| 5.1 | Can the generative AI system be integrated via an API? | 0 | No comments provided |
| 5.2 | Do you offer private (in-house) and public options for use of the generative AI system? | 0 | No comments provided |
| 5.3 | Do you allow third parties to develop plugins or add-ons for sale to the public? | 0 | No comments provided |
| 5.4 | [IF YES] Do you publish standards for developers? | 0 | No comments provided |
| 5.5 | [IF YES] Do you review the plugins or add-ons before publication to ensure they meet the same security standards as your AI solution? | 0 | No comments provided |
| 6.0 | Nth Party Risk / Usage | Responses | Comments |
| 6.1 | Do you utilize subcontractors in the development of or support of your generative AI system? | 0 | No comments provided |
| 6.2 | [IF YES] Will you disclose the subcontractors who support the platform? | 0 | No comments provided |
| 6.3 | Will subcontractors have access to any of our data that we submit to the generative AI system, or that has been captured in logs? | 0 | No comments provided |
| 6.4 | [IF YES] Do you have a Third Party Risk Management (TPRM) policy by which you have assessed those subcontractors? | 0 | No comments provided |
| 6.5 | Is the generative AI service delivered via a cloud service provider (CSP)? | 0 | No comments provided |
| 6.6 | [IF YES] Which one? | 0 | No comments provided |
| 6.7 | [IF YES] Is the same CSP used for failover / disaster recovery purposes? | 0 | No comments provided |
| 6.8 | Will you disclose the critical subservice providers that support the platform? | 0 | No comments provided |
| 7.0 | Legal, Regulatory, and Compliance | Responses | Comments |
| 7.1 | Will you disclose future discoveries in the model that may materially impact the output? | 0 | No comments provided |
| 7.2 | Is the AI model continuously scanned (security scans, bias scans, etc.)? | 0 | No comments provided |
| 7.3 | Do you maintain policies and procedures related to user privacy, biases, and explainability? | 0 | No comments provided |
| 7.4 | Are your services compliant with relevant data protection regulations (e.g., GDPR, HIPAA) and industry-specific regulations (e.g., finance, healthcare)? | 0 | No comments provided |
| 7.5 | Can you provide documentation of compliance or audits? | 0 | No comments provided |
| 7.6 | Is your service compliant with regulations such as GLBA, CCPA, GDPR, or other data protection laws/regs regarding the handling of personal identifying information? | 0 | No comments provided |
| 7.7 | Do you have a Data Processing Agreement (DPA) that outlines data protection responsibilities? | 0 | No comments provided |
| 7.8 | Who owns the data generated by the generative AI system? | 0 | No comments provided |
| 7.9 | Is ownership clearly defined in the Terms and Conditions? | 0 | |
| 7.10 | Are there any restrictions on how we can use the AI-generated content? | 0 | No comments provided |
| 7.11 | Is there any potential that copyrighted or other protected information could be produced as outputs from the generative AI systems? | 0 | |
| 7.12 | Do you provide mechanisms to trace or audit the AI-generated results? | 0 | No comments provided |
| 7.13 | Do you assume liability in the event that the output of the generative AI system contradicts laws or regulations? | 0 | No comments provided |
| 7.14 | Is there an indemnification clause in the contract to protect clients in such situations? | 0 | No comments provided |
| 7.15 | Do you provide guaranteed SLAs for uptime of the generative AI service? | 0 | No comments provided |
| 7.18 | Is there a subcontractor disclosure provision in the contract? | 0 | |
| 7.19 | Should we need to terminate the relationship, will you be able to remove our data from your generative AI system in a reasonable period of time? | 0 | No comments provided |
| V. Additional Considerations | ||
| Following are additional avenues you may choose to consider in a risk assessment of a generative AI product or service. This list is not all inclusive and your organization should pursue a risk assessment process in line with its risk appetite that adheres to its policies, procedures, regulatory requirements, and relevant laws. | ||
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//Confidential// v2023.11.21 Page &P of &N
File details come from the government source that posted it. Updated .