OAG_Vendor_AI_Questionnaire - DO NOT FILL OUT - REFERENCE DOCUMENT ONLY.xlsx

XLSX spreadsheet 71 KB Posted

Attached to
RFI 26-002 - Modern eDiscovery Platform with Secure AI Supported Capabilities
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 / Risk1-Low2-Moderate3-HighChoose Estimated Risk Level
1Use 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
2Business Integration2L. 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
3Use of Confidential Data3L. 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
4Business Resiliency4L. 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
5Potential for Regulatory, Compliance, Reputation, or Operational Exposure5L. 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 Plan3

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 StakeholdersLevel 1Level 2Level 3Guidance
1What is the business justification for generative AI?INCLUDEINCLUDEINCLUDEFree form
2What is the intended use case for generative AI?INCLUDEINCLUDEINCLUDEEducational; R&D; Secondary feature or supplemental service; Generate content for casework; Internally developed application; Code generation; Legal guidance to public
3Will the generative AI service be accessible outside the agency?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
4[IF YES] Have we communicated with counsel that we will be incorporating generative AI services into our offerings?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
5Does the use case comply with internal policies or standards related to generative AI?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
6Do we have any contractual limitations/restrictions that prohibit the use of generative AI with customers, business partners, or otherwise integrating into our services?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
7Do we need to amend contracts or Terms and Conditions to limit our liability resulting from use of generative AI services?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
8Does 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?EXCLUDEEXCLUDEEXCLUDEYes, 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.INCLUDEINCLUDEINCLUDEFree 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?INCLUDEINCLUDEINCLUDEPrivate, Public, Unsure
11Can or does the vendor comply with all appropriate laws, rules, and regulations pertaining to the Company?INCLUDEINCLUDEINCLUDEYes, 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.
1.0General (Discovery)Level 1Level 2Level 3Guidance
1.1Does your organization leverage generative AI?INCLUDEINCLUDEINCLUDEYes - for product or service, Yes - for business development, Yes - for predictions based on patterns, Yes - Other (Use comments to describe)
1.2Does your organization use generative AI in support of services provided to our Company?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
1.3IN 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?INCLUDEINCLUDEINCLUDENot 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?INCLUDEINCLUDEINCLUDEYes, No
2.0Data Privacy, Retention and DeletionLevel 1Level 2Level 3Guidance
2.1Will our Company's use of your product remain anonymous?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.2Does your product offer transparent notice to an end user that they will be interacting with a generative AI system?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.3Is there an option to opt out of the generative AI features?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.4[IF YES] Who has the option to opt out?INCLUDEINCLUDEINCLUDEIndividual 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?INCLUDEINCLUDEINCLUDEPrimary functionality remains, It will not function, Functionality will be limited, No opt-out available, Undetermined
2.6Will data we input into the model be used to train the model?EXCLUDEINCLUDEINCLUDEYes-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?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined, N/A
2.8Are prompts attributable to specific users or organizations (when no identifying information is included in the prompt)?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.9[IF NO] Can you provide evidence of the controls used to prevent attribution?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.10Will our inputs to the model remain segmented from that of other companies?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.11Does the vendor moderate prompts (inputs) for the purpose of evaluating inappropriate content or bias?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.12Are there different data retention polices for the user interface versus the API?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.13How long will our inputs/prompts be retained if submitted via the user interface?EXCLUDEINCLUDEINCLUDENo retention, <30 days, >30 days, Indefinitely, Undetermined
2.14How long will our inputs/prompts be retained if submitted via the API?EXCLUDEINCLUDEINCLUDENo retention, <30 days, >30 days, Indefinitely, Undetermined
2.15[IF RETAINED] Is the data retention period configurable?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.16[IF RETAINED] Can our data be deleted on request, even if temporarily retained?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.17Where will our data reside?EXCLUDEINCLUDEINCLUDEDirectly with vendor, With vendor 4th party, With vendor Nth party, Undetermined
2.18Do we have the option to choose country residency for our data?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.19Will our data traverse international boundaries?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.20Do we have the option to restrict usage of the generative AI platform by region or country?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
2.21Will personally identifiable information sent to your product be anonymized?EXCLUDEEXCLUDEINCLUDEYes, No, Undetermined
3.0Model Training, Validation, and MaintenanceLevel 1Level 2Level 3Guidance
3.1What foundational model is used?EXCLUDEINCLUDEINCLUDELicensed Proprietary, Open Source, Undetermined
3.2Will you provide the common name of the foundational model? (e.g. GPT-3.5, LLAMA, etc.)EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
3.3Does the generative AI feature rely on a Large Language Model (LLM)?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined, N/A
3.4[IF YES] Is the product's LLM trained on an open or closed model?EXCLUDEINCLUDEINCLUDEOpen, Closed, Undetermined
3.5Do you have controls in place to ensure the foundational model was not trained with prohibited or biased content?INCLUDEINCLUDEINCLUDEYes, No, Nth Party, Undetermined
3.6Do you check the provenance of the data in the training set to ensure its use is permitted?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
3.7Is the model data de-identified, aggregated, and anonymized?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
3.8Does your model training process include human re-enforcement?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
3.9Do you publish a change log for the model?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
3.10Have you performed any independent audits or validation of AI model outputs?EXCLUDEEXCLUDEINCLUDEYes, No, Undetermined
3.11[IF YES] Are you willing to share those results?EXCLUDEEXCLUDEINCLUDEYes, No, Undetermined, N/A
3.12[IF YES] What is the frequency of model validation and testing?EXCLUDEEXCLUDEINCLUDEContinuous, Each major release, Annually, Other
4.0Information SecurityLevel 1Level 2Level 3Guidance
4.1Are penetration tests or other types of security assessments conducted on the model?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
4.2[IF YES] Do you regularly share / post the results of these independent tests?INCLUDEINCLUDEINCLUDEYes, No, Undetermined, N/A
4.3[IF YES] What is the frequency of model validation and testing?INCLUDEINCLUDEINCLUDEContinuous, Each major release, Annually, Other
4.4Are we permitted to test the model controls using prompt engineering techniques?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
4.5Does 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?INCLUDEINCLUDEINCLUDEYes, No, Partial, Undetermined
4.6Do you ensure that third-party libraries and components integrated into the AI system are current and secure?EXCLUDEINCLUDEINCLUDEYes, No, Partial, Undetermined
4.7Are you able to provide evidence of the implementation, effectiveness, and maintenance of security controls within the AI system?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
4.8Do you maintain evidence of baseline configurations and any subsequent changes made to the AI system?EXCLUDEINCLUDEINCLUDEYes (Able to Provide), Yes (Unable to Provide), No, Undetermined
4.9Do you log security-related events (unplanned or externally initiated event) in the AI system? (e.g. breaches, exfiltration of data, attempted exploits)EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
4.10Is there a formalized training to ensure stakeholders remain current on best practices, emerging threats, and risks associated with AI?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
4.11What measures are in place to prevent unintentional leakage of private or sensitive information?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
4.12Are safeguards implemented to protect the AI system agaInst malicious input or prompt injections?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
4.13Do you maintain a configuration management plan, and can you provide evidence of its implementation?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
5.0Technology IntegrationLevel 1Level 2Level 3Guidance
5.1Can the generative AI system be integrated via an API?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
5.2Do you offer private (in-house) and public options for use of the generative AI system?EXCLUDEINCLUDEINCLUDEPrivate and Public, Public only, Undetermined
5.3Do you allow third parties to develop plugins or add-ons for sale to the public?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
5.4[IF YES] Do you publish standards for developers?EXCLUDEINCLUDEINCLUDEYes, 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?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined, N/A
6.0Nth Party Risk/UsageLevel 1Level 2Level 3Guidance
6.1Do you utilize subcontractors in the development of or support of your generative AI system?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
6.2[IF YES] Will you disclose the subcontractors who support the platform?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined, N/A
6.3Will subcontractors have access to any of our data that we submit to the generative AI system, or that has been captured in logs?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
6.4[IF YES] Do you have a Third Party Risk Management (TPRM) policy by which you have assessed those subcontractors?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
6.5Is the generative AI service delivered via a cloud service provider (CSP)?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
6.6[IF YES] Which one?INCLUDEINCLUDEINCLUDEMicrosoft 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?INCLUDEINCLUDEINCLUDEYes, No, Undetermined, N/A
6.8Will you disclose the critical subservice providers that support the platform?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.0Legal, Regulatory, and ComplianceLevel 1Level 2Level 3Guidance
7.1Will you disclose future discoveries in the model that may materially impact the output?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.2Is the AI model continuously scanned (security scans, bias scans, etc.)?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.3Do you maintain policies and procedures related to user privacy, biases, and explainability?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.4Are your services compliant with relevant data protection regulations (e.g., GDPR, HIPAA) and industry-specific regulations (e.g., finance, healthcare)?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.5Can you provide documentation of compliance or audits?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.6Is your service compliant with regulations such as GLBA, CCPA, GDPR, or other data protection laws/regs regarding the handling of personal identifying information?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.7Do you have a Data Processing Agreement (DPA) that outlines data protection responsibilities?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.8Who owns the data generated by the generative AI system?INCLUDEINCLUDEINCLUDECustomer, Vendor, Depends on the Input or Output, Undetermined
7.9Is ownership clearly defined in the Terms and Conditions?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.10Are there any restrictions on how we can use the AI-generated content?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.11Is there any potential that copyrighted or other protected information could be produced as outputs from the generative AI systems?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.12Do you provide mechanisms to trace or audit the AI-generated results?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.13Do you assume liability in the event that the output of the generative AI system contradicts laws or regulations?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.14Is there an indemnification clause in the contract to protect clients in such situations?INCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.15Do you provide guaranteed SLAs for uptime of the generative AI service?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.18Is there a subcontractor disclosure provision in the contract?EXCLUDEINCLUDEINCLUDEYes, No, Undetermined
7.19Should 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?EXCLUDEINCLUDEINCLUDEYes, 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?YesReason 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 UseResponseComments
1What is the business justification for generative AI?[use comments]
2What is the intended use case for generative AI?Select one…
3Will 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…
5Does the use case comply with internal policies or standards related to generative AI?Select one…
6Do 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…
7Do we need to amend contracts or Terms and Conditions to limit our liability resulting from use of generative AI services?Select one…
8EXCLUDEDSelect 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…
11Can or does the vendor comply with all appropriate laws, rules, and regulations pertaining to the Company?Select one…

v.2023.10.14

Data

EducationalInternally developed applicationCode generationLegal 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.
DomainResponseComments
1.0General (Discovery)
1.1Does your organization leverage generative AI?
1.2Does your organization use generative AI in support of services provided to our Company?
1.3Generative 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?
2.0Data Privacy, Retention, and Deletion
2.1Will our Company's use of your product remain anonymous?
2.2Does your product offer transparent notice to an end user that they will be interacting with a generative AI system?
2.3Is 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?
2.6Will 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?
2.8Are 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?
2.10Will our inputs to the model remain segmented from that of other companies?
2.11Does the vendor moderate prompts (inputs) for the purpose of evaluating inappropriate content or bias?
2.12Are there different data retention polices for the user interface versus the API?
2.13How long will our inputs/prompts be retained if submitted via the user interface?
2.14How 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?
2.17Where will our data reside?
2.18Do we have the option to choose country residency for our data?
2.19Will our data traverse international boundaries?
2.20Do we have the option to restrict usage of the generative AI platform by region or country?
2.21Will personally identifiable information sent to your product be anonymized?
3.0Model Training, Validation, and Maintenance
3.1What foundational model is used?
3.2Will you provide the common name of the foundational model? (e.g. GPT-3.5, LLAMA, etc.)
3.3Does 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?
3.5Do you have controls in place to ensure the foundational model was not trained with prohibited or biased content?
3.6Do you check the provenance of the data in the training set to ensure its use is permitted?
3.7Is the model data de-identified, aggregated, and anonymized?
3.8Does your model training process include human re-enforcement?
3.9Do you publish a change log for the model?
3.10Have 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?
4.0Information Security
4.1Are 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?
4.4Are we permitted to test the model controls using prompt engineering techniques?
4.5Does 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?
4.6Do you ensure that third-party libraries and components integrated into the AI system are current and secure?
4.7Are you able to provide evidence of the implementation, effectiveness, and maintenance of security controls within the AI system?
4.8Do you maintain evidence of baseline configurations and any subsequent changes made to the AI system?
4.9Do you log security-related events (unplanned or externally initiated event) in the AI system? (e.g. breaches, exfiltration of data, attempted exploits)
4.10Is there a formalized training to ensure stakeholders remain current on best practices, emerging threats, and risks associated with AI?
4.11What measures are in place to prevent unintentional leakage of private or sensitive information?
4.12Are safeguards implemented to protect the AI system agaInst malicious input or prompt injections?
4.13Do you maintain a configuration management plan, and can you provide evidence of its implementation?
5.0Technology Integration
5.1Can the generative AI system be integrated via an API?
5.2Do you offer private (in-house) and public options for use of the generative AI system?
5.3Do 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?
6.0Nth Party Risk / Usage
6.1Do 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?
6.3Will 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?
6.5Is 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?
6.8Will you disclose the critical subservice providers that support the platform?
7.0Legal, Regulatory, and Compliance
7.1Will you disclose future discoveries in the model that may materially impact the output?
7.2Is the AI model continuously scanned (security scans, bias scans, etc.)?
7.3Do you maintain policies and procedures related to user privacy, biases, and explainability?
7.4Are your services compliant with relevant data protection regulations (e.g., GDPR, HIPAA) and industry-specific regulations (e.g., finance, healthcare)?
7.5Can you provide documentation of compliance or audits?
7.6Is your service compliant with regulations such as GLBA, CCPA, GDPR, or other data protection laws/regs regarding the handling of personal identifying information?
7.7Do you have a Data Processing Agreement (DPA) that outlines data protection responsibilities?
7.8Who owns the data generated by the generative AI system?
7.9Is ownership clearly defined in the Terms and Conditions?
7.10Are there any restrictions on how we can use the AI-generated content?
7.11Is there any potential that copyrighted or other protected information could be produced as outputs from the generative AI systems?
7.12Do you provide mechanisms to trace or audit the AI-generated results?
7.13Do you assume liability in the event that the output of the generative AI system contradicts laws or regulations?
7.14Is there an indemnification clause in the contract to protect clients in such situations?
7.15Do you provide guaranteed SLAs for uptime of the generative AI service?
7.18Is there a subcontractor disclosure provision in the contract?
7.19Should 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:
Ensure the content is visible in all cells: Highlight all cells, then navigate to Home > Format > Auto-Fit Row Height.
Hide Excluded questions: Using the filter on Internal Stakeholders Responses cell, uncheck "EXCLUDED" to hide any questions excluded from all sections of the assessment.
Print to PDF for archiving: Navigate to File > Print and select the available print-to-PDF option.
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.
DomainRiskSelected Scenario (Determines Risk)
1Use of Generative AI (GenAI)HIGH1H. 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)
2Business IntegrationMODERATE2M. The GenAI outputs may be integrated with business processes.
3Use of Confidential DataLOW3L. No customer or company confidential information is used as inputs or is otherwise stored, processed, or transmitted by the system.
4Business ResiliencyMODERATE4M. 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.
QuestionResponsesComments
1What is the business justification for generative AI?[use comments]No comments provided
2What is the intended use case for generative AI?Select one…No comments provided
3Will 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
5Does the use case comply with internal policies or standards related to generative AI?Select one…No comments provided
6Do 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
7Do 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
8EXCLUDEDSelect 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
11Can 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.
1.0General (Discovery)ResponsesComments
1.1Does your organization leverage generative AI?0No comments provided
1.2Does your organization use generative AI in support of services provided to our Company?0No comments provided
1.3Generative 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?0No comments provided
1.5[IF YES to 1.1 or 1.2] Will the use of generative AI support any customer interactions or services?0No comments provided
2.0Data Privacy, Retention, and DeletionResponsesComments
2.1Will our Company's use of your product remain anonymous?0No comments provided
2.2Does your product offer transparent notice to an end user that they will be interacting with a generative AI system?0No comments provided
2.3Is there an option to opt out of the generative AI features?0No comments provided
2.4[IF YES] Who has the option to opt out?0No 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?0No comments provided
2.6Will data we input into the model be used to train the model?0No comments provided
2.7[IF YES] Can you provide evidence that opt outs have been removed?0No comments provided
2.8Are prompts attributable to specific users or organizations (when no identifying information is included in the prompt)?0No comments provided
2.9[IF NO] Can you provide evidence of the controls used to prevent attribution?0No comments provided
2.10Will our inputs to the model remain segmented from that of other companies?0No comments provided
2.11Does the vendor moderate prompts (inputs) for the purpose of evaluating inappropriate content or bias?0No comments provided
2.12Are there different data retention polices for the user interface versus the API?0No comments provided
2.13How long will our inputs/prompts be retained if submitted via the user interface?0No comments provided
2.14How long will our inputs/prompts be retained if submitted via the API?0No comments provided
2.15[IF RETAINED] Is the data retention period configurable?0No comments provided
2.16[IF RETAINED] Can our data be deleted on request, even if temporarily retained?0No comments provided
2.17Where will our data reside?0No comments provided
2.18Do we have the option to choose country residency for our data?0No comments provided
2.19Will our data traverse international boundaries?0No comments provided
2.20Do we have the option to restrict usage of the generative AI platform by region or country?0No comments provided
2.21Will personally identifiable information sent to your product be anonymized?0No comments provided
3.0Model Training, Validation, and MaintenanceResponsesComments
3.1What foundational model is used?0No comments provided
3.2Will you provide the common name of the foundational model? (e.g. GPT-3.5, LLAMA, etc.)0No comments provided
3.3Does the generative AI feature rely on a Large Language Model (LLM)?0No comments provided
3.4[IF YES] Is the product's LLM trained on an open or closed model?0No comments provided
3.5Do you have controls in place to ensure the foundational model was not trained with prohibited or biased content?0No comments provided
3.6Do you check the provenance of the data in the training set to ensure its use is permitted?0No comments provided
3.7Is the model data de-identified, aggregated, and anonymized?0No comments provided
3.8Does your model training process include human re-enforcement?0No comments provided
3.9Do you publish a change log for the model?0No comments provided
3.10Have you performed any independent audits or validation of AI model outputs?0No comments provided
3.11[IF YES] Are you willing to share those results?0No comments provided
3.12[IF YES] What is the frequency of model validation and testing?0No comments provided
4.0Information SecurityResponsesComments
4.1Are penetration tests or other types of security assessments conducted on the model?0No comments provided
4.2[IF YES] Do you regularly share / post the results of these independent tests?0No comments provided
4.3[IF YES] What is the frequency of model validation and testing?0No comments provided
4.4Are we permitted to test the model controls using prompt engineering techniques?0No comments provided
4.5Does 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?0No comments provided
4.6Do you ensure that third-party libraries and components integrated into the AI system are current and secure?0No comments provided
4.7Are you able to provide evidence of the implementation, effectiveness, and maintenance of security controls within the AI system?0No comments provided
4.8Do you maintain evidence of baseline configurations and any subsequent changes made to the AI system?0No comments provided
4.9Do you log security-related events (unplanned or externally initiated event) in the AI system? (e.g. breaches, exfiltration of data, attempted exploits)0No comments provided
4.10Is there a formalized training to ensure stakeholders remain current on best practices, emerging threats, and risks associated with AI?0No comments provided
4.11What measures are in place to prevent unintentional leakage of private or sensitive information?0No comments provided
4.12Are safeguards implemented to protect the AI system agaInst malicious input or prompt injections?0No comments provided
4.13Do you maintain a configuration management plan, and can you provide evidence of its implementation?0No comments provided
5.0Technology IntegrationResponsesComments
5.1Can the generative AI system be integrated via an API?0No comments provided
5.2Do you offer private (in-house) and public options for use of the generative AI system?0No comments provided
5.3Do you allow third parties to develop plugins or add-ons for sale to the public?0No comments provided
5.4[IF YES] Do you publish standards for developers?0No 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?0No comments provided
6.0Nth Party Risk / UsageResponsesComments
6.1Do you utilize subcontractors in the development of or support of your generative AI system?0No comments provided
6.2[IF YES] Will you disclose the subcontractors who support the platform?0No comments provided
6.3Will subcontractors have access to any of our data that we submit to the generative AI system, or that has been captured in logs?0No comments provided
6.4[IF YES] Do you have a Third Party Risk Management (TPRM) policy by which you have assessed those subcontractors?0No comments provided
6.5Is the generative AI service delivered via a cloud service provider (CSP)?0No comments provided
6.6[IF YES] Which one?0No comments provided
6.7[IF YES] Is the same CSP used for failover / disaster recovery purposes?0No comments provided
6.8Will you disclose the critical subservice providers that support the platform?0No comments provided
7.0Legal, Regulatory, and ComplianceResponsesComments
7.1Will you disclose future discoveries in the model that may materially impact the output?0No comments provided
7.2Is the AI model continuously scanned (security scans, bias scans, etc.)?0No comments provided
7.3Do you maintain policies and procedures related to user privacy, biases, and explainability?0No comments provided
7.4Are your services compliant with relevant data protection regulations (e.g., GDPR, HIPAA) and industry-specific regulations (e.g., finance, healthcare)?0No comments provided
7.5Can you provide documentation of compliance or audits?0No comments provided
7.6Is your service compliant with regulations such as GLBA, CCPA, GDPR, or other data protection laws/regs regarding the handling of personal identifying information?0No comments provided
7.7Do you have a Data Processing Agreement (DPA) that outlines data protection responsibilities?0No comments provided
7.8Who owns the data generated by the generative AI system?0No comments provided
7.9Is ownership clearly defined in the Terms and Conditions?0
7.10Are there any restrictions on how we can use the AI-generated content?0No comments provided
7.11Is there any potential that copyrighted or other protected information could be produced as outputs from the generative AI systems?0
7.12Do you provide mechanisms to trace or audit the AI-generated results?0No comments provided
7.13Do you assume liability in the event that the output of the generative AI system contradicts laws or regulations?0No comments provided
7.14Is there an indemnification clause in the contract to protect clients in such situations?0No comments provided
7.15Do you provide guaranteed SLAs for uptime of the generative AI service?0No comments provided
7.18Is there a subcontractor disclosure provision in the contract?0
7.19Should 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?0No 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 .