Latest news with #OPC
Yahoo
2 days ago
- Politics
- Yahoo
Utah lawyer sanctioned for court filing that used ChatGPT and referenced nonexistent court case
SALT LAKE CITY () — A Utah lawyer has been sanctioned by the Utah Court of Appeals after a filing he made was found to use ChatGPT and contain a reference to a nonexistent court case. The brief was written by a law clerk at the firm, and the false citations were not reviewed before filing. The Utah Court of Appeals has decided to impose sanctions on Richard Bednar, an attorney who they claim filed a brief that used false citations created by ChatGPT. The Supreme Court reinstates federal approval in Uinta Basin Railway project According to documents, Bednar and Douglas Durbano, as the petitioner's counsel, filed a 'timely petition for interlocutory appeal.' When the respondent's counsel reviewed this brief, they found it to reference cases that were incorrect or did not exist. 'It appears that at least some portions of the Petition may be AI-generated, including citations and even quotations to at least one case that does not appear to exist in any legal database (and could only be found in ChatGPT and references to cases that are wholly unrelated to the referenced subject matter,' the respondent's counsel wrote, according to documents. The referenced case was 'Royer v. Nelson,' a case that did not exist in any legal database and was found to be an 'AI 'hallucinated' case that does not exist anywhere other than on ChatGPT.' In a phone call with Matthew C. Barneck, the attorney who represented Bednar at the OPC hearing, he shared that Bednar was not aware that ChatGPT was used until the citations were called into question. At that point, Bednar owned up to what happened. Following this response, Bednar 'acknowledged 'the errors contained in the petition' and apologized,' according to the document from the Utah Court of Appeals. He also offered to pay attorney fees incurred by the response to 'make amends.' President Trump pardons rapper NBA YoungBoy At an Office of Professional Conduct (OPC) hearing on April 22, 2025, documents say that Bednar and his attorney for the hearing 'acknowledged that the Petition contained fabricated legal authority, which was obtained from ChatGPT, and they accepted responsibility for the contents of the Petition.' They told the court that an 'unlicensed law clerk' had prepared the brief, and Bednar did not 'independently check the accuracy' before he signed it and filed it with the court. Durbano was reportedly uninvolved in the creation and filing of the petition. The law firm did not have an AI policy in place at the time, but they told the court on April 22 that they had since initiated one. Barneck clarified that most law clerks are not licensed, and the law clerk in question had previously been licensed and was a law school graduate. Why are police asking for help with finding a woman who vanished nearly 50 years ago? According to the analysis by the Utah Court of Appeals, this is the first time a court filing has been created with AI, and it has not been previously addressed by the Utah State Courts. They turned to other cases to make their decision on the sanctions. 'We agree that the use of AI in the preparation of pleadings is a legal research tool that will continue to evolve with advances in technology. However, we emphasize that every attorney has an ongoing duty to review and ensure the accuracy of their court filings. In the present case, Petitioner's counsel fell short of their gatekeeping responsibilities as members of the Utah State Bar when they submitted a petition that contained fake precedent generated by ChatGPT,' the Utah Court of Appeals said in the document. The Utah Court of Appeals further stated that, while they appreciated Bednar's acknowledgment of his wrongdoing, they still needed to place sanctions due to the mishandling of the filing and not thoroughly reviewing the document before he signed it. Bednar was ordered to pay the respondent's attorney fees for the petition and hearing, refund fees to their client for the time used to prepare the AI filing and attend the hearing, and donate $1,000 to '' — a Utah legal nonprofit — within 14 days. Utah family prepares to bury WWII pilot who was MIA for 80 years 'Although the Office of Professional Conduct (OPC) is bound by strict confidentiality rules and cannot comment on pending or nonpublic matters, the OPC takes seriously any conduct that may compromise the integrity of the judiciary and the legal profession. Additionally, the Utah State Bar is actively engaging with practitioners and ethics experts to provide guidance and continuing legal education on the ethical use of AI in law practice,' the said in a statement to ABC4. On the ethics section of their site, the Utah State Bar on the use of AI. They offer the following advice to lawyers who are considering the use of ChatGPT: 'Treat AI-generated results like a draft from a law clerk. Check any propositions or citations that you're not 100% sure about.' Barneck told ABC4 that what happened was an oversight, and the court's opinion indicates that they believe it was done negligently and not recklessly. He shared that he was glad that Bednar owned up to what happened instead of trying to sweep it under the rug like lawyers in a similar position have. Meet the new faces at Utah's Hogle Zoo! Disneyland's 70th Anniversary food drop is amazing! Drywall damage? All Four Walls is there to help make it disappear UCAIR is giving out free gas cans in Davis County: Here's why it matters A 5k to benefit the non-profit Hope After Polygamy Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Scoop
5 days ago
- Business
- Scoop
Privacy Commissioner Issues Compliance Notice To Oranga Tamariki
Press Release – Office of the Privacy Commissioner Oranga Tamariki has one of the most important roles in New Zealand – to help safeguard the wellbeing of our children, particularly those children in their care. Improving its privacy practices will contribute to the safety and wellbeing of children, their … A compliance notice has been issued to Oranga Tamariki for failing to comply with the requirements of the Privacy Act. The Privacy Commissioner has also taken the step of publicly releasing the Compliance Notice itself. Privacy Commissioner Michael Webster says while Oranga Tamariki has taken positive steps to improve its privacy practices, considerably more improvement is needed. 'Oranga Tamariki has one of the most important roles in New Zealand – to help safeguard the wellbeing of our children, particularly those children in their care. Improving its privacy practices will contribute to the safety and wellbeing of children, their whānau, caregivers, and foster parents Transparency about the nature of the Compliance Notice requirements is in the public interest and is an important accountability mechanism. We all have a stake in ensuring Oranga Tamariki improves its privacy performance.' The notice has been issued in response to a series of privacy breaches reported to the Commissioner that have caused serious harm to whānau and tamariki. It relates to the storage and security of personal information, and its unauthorised disclosure. Under the compliance notice, Oranga Tamariki will need to make privacy improvements including improving staff skills and capability, and strengthening three areas: 1. Information access settings 2. Oversight of service providers 3. Accountability and reporting of privacy incidents. These improvements will need to be completed by 31 March 2026. 'I consider the notifiable privacy breaches reported to my Office and the systemic privacy issues identified in an independent review to be significant. This is because the sensitivity of the personal information involved and the vulnerability of the individuals the information relates to is at the high end of seriousness', Mr Webster says. 'Oranga Tamariki currently doesn't have sufficiently robust systems and practices in place to appropriately protect the personal information it holds, as required under the Privacy Act, and there is ongoing likelihood of further privacy breaches.' OPC began an investigation into the privacy practices and culture at Oranga Tamariki in 2022, and in May 2023 recommended it commission an independent review of its privacy practice and culture. 'That report was completed in April 2024 and confirmed our concerns about systemic failures in protecting sensitive personal information that Oranga Tamariki holds. 'In response to that review, Oranga Tamariki has taken steps to improve their privacy practices, including undertaking a privacy improvement plan, and this is a positive move towards helping keep sensitive information about the children they care for safe'. 'This is a good step forward. However, there is still a considerable amount of work for Oranga Tamariki to do to improve their privacy practices that goes beyond this plan to address the ongoing risk of further serious privacy breaches resulting in harm to individuals.' Issuing a Compliance Notice, and publicly releasing it, will ensure Oranga Tamariki takes the steps necessary. 'We are all invested in the safety of the children in Oranga Tamariki's care, and keeping sensitive information about children safe is critical.'
Scoop
5 days ago
- Scoop
Privacy Commissioner Issues Compliance Notice To Oranga Tamariki
A compliance notice has been issued to Oranga Tamariki for failing to comply with the requirements of the Privacy Act. The Privacy Commissioner has also taken the step of publicly releasing the Compliance Notice itself. Privacy Commissioner Michael Webster says while Oranga Tamariki has taken positive steps to improve its privacy practices, considerably more improvement is needed. "Oranga Tamariki has one of the most important roles in New Zealand - to help safeguard the wellbeing of our children, particularly those children in their care. Improving its privacy practices will contribute to the safety and wellbeing of children, their whānau, caregivers, and foster parents Transparency about the nature of the Compliance Notice requirements is in the public interest and is an important accountability mechanism. We all have a stake in ensuring Oranga Tamariki improves its privacy performance." The notice has been issued in response to a series of privacy breaches reported to the Commissioner that have caused serious harm to whānau and tamariki. It relates to the storage and security of personal information, and its unauthorised disclosure. Under the compliance notice, Oranga Tamariki will need to make privacy improvements including improving staff skills and capability, and strengthening three areas: 1. Information access settings 2. Oversight of service providers 3. Accountability and reporting of privacy incidents. These improvements will need to be completed by 31 March 2026. "I consider the notifiable privacy breaches reported to my Office and the systemic privacy issues identified in an independent review to be significant. This is because the sensitivity of the personal information involved and the vulnerability of the individuals the information relates to is at the high end of seriousness", Mr Webster says. "Oranga Tamariki currently doesn't have sufficiently robust systems and practices in place to appropriately protect the personal information it holds, as required under the Privacy Act, and there is ongoing likelihood of further privacy breaches." OPC began an investigation into the privacy practices and culture at Oranga Tamariki in 2022, and in May 2023 recommended it commission an independent review of its privacy practice and culture. "That report was completed in April 2024 and confirmed our concerns about systemic failures in protecting sensitive personal information that Oranga Tamariki holds. "In response to that review, Oranga Tamariki has taken steps to improve their privacy practices, including undertaking a privacy improvement plan, and this is a positive move towards helping keep sensitive information about the children they care for safe". "This is a good step forward. However, there is still a considerable amount of work for Oranga Tamariki to do to improve their privacy practices that goes beyond this plan to address the ongoing risk of further serious privacy breaches resulting in harm to individuals." Issuing a Compliance Notice, and publicly releasing it, will ensure Oranga Tamariki takes the steps necessary. "We are all invested in the safety of the children in Oranga Tamariki's care, and keeping sensitive information about children safe is critical."
Scoop
6 days ago
- General
- Scoop
New Photography And Filming Guidance To Help Protect Children And Young People
Press Release – Office of the Privacy Commissioner 'Children and young peoples privacy is a priority area for my office. Its also an important area with the public, with our recent privacy survey recording the highest level of concern (67%) for childrens privacy, Privacy Commissioner Michael Webster … Guidance to help organisations protect and respect children and young people's privacy has just been released. 'We all have a role in protecting children and their personal information. This guidance on photography and filming will help to empower them, and their parents and caregivers to understand and exercise their privacy rights effectively, Privacy Commissioner Michael Webster says. 'Taking and sharing images of children and young people helps record their achievements and special moments. But it's also important people are aware of the risks associated with the collection, use and sharing of these images and do what's necessary to protect their privacy and keep them safe from harm.' While the Privacy Act applies to everyone, it requires people to take extra care when collecting personal information about children and young people. The Privacy Act also covers the use and sharing of images. 'As a rule, it's good to ask, why am I collecting this image and is it necessary? How am I using and sharing these images and with who? Retention and deletion are also important as children change as they age; they also move schools and then finish their education. 'An image that was once cute and funny could be distressing or cause embarrassment if used or shared today. Consent is best practice; children, young people or their parents should always know that photography or videoing recording is happening and why, and they should also have the right to withdraw their consent at any time. 'If you're taking an image of a child or young person, think about what the image will show about them. Images can reveal a lot more information than you might realise such as their school, approximate age, gender or sexual orientation, where they may live and other people they associate with.' OPC has also developed other guidance to help those working in the children's sector, including how to apply best practice privacy when responding to requests for a child or young person's personal information, and how to help children, young people and their parents protect their privacy while exploring the online world. 'Children and young people's privacy is a priority area for my office. It's also an important area with the public, with our recent privacy survey recording the highest level of concern (67%) for children's privacy. 'Understanding how to protect and respect a child or young person's personal information and implementing good privacy practices will ensure all children have positive privacy experiences throughout their journey to adulthood', Mr Webster says. Further guidance, including detailed privacy guidance for the education sector, will be released later in the year.
Scoop
6 days ago
- General
- Scoop
New Photography And Filming Guidance To Help Protect Children And Young People
Guidance to help organisations protect and respect children and young people's privacy has just been released. "We all have a role in protecting children and their personal information. This guidance on photography and filming will help to empower them, and their parents and caregivers to understand and exercise their privacy rights effectively, Privacy Commissioner Michael Webster says. "Taking and sharing images of children and young people helps record their achievements and special moments. But it's also important people are aware of the risks associated with the collection, use and sharing of these images and do what's necessary to protect their privacy and keep them safe from harm." While the Privacy Act applies to everyone, it requires people to take extra care when collecting personal information about children and young people. The Privacy Act also covers the use and sharing of images. "As a rule, it's good to ask, why am I collecting this image and is it necessary? How am I using and sharing these images and with who? Retention and deletion are also important as children change as they age; they also move schools and then finish their education. "An image that was once cute and funny could be distressing or cause embarrassment if used or shared today. Consent is best practice; children, young people or their parents should always know that photography or videoing recording is happening and why, and they should also have the right to withdraw their consent at any time. "If you're taking an image of a child or young person, think about what the image will show about them. Images can reveal a lot more information than you might realise such as their school, approximate age, gender or sexual orientation, where they may live and other people they associate with." OPC has also developed other guidance to help those working in the children's sector, including how to apply best practice privacy when responding to requests for a child or young person's personal information, and how to help children, young people and their parents protect their privacy while exploring the online world. "Children and young people's privacy is a priority area for my office. It's also an important area with the public, with our recent privacy survey recording the highest level of concern (67%) for children's privacy. "Understanding how to protect and respect a child or young person's personal information and implementing good privacy practices will ensure all children have positive privacy experiences throughout their journey to adulthood", Mr Webster says. Further guidance, including detailed privacy guidance for the education sector, will be released later in the year.
