Family Law, Technology and AI
Posted on in Family Law
The use of technology is a part of daily life in the modern world and is essential to working practices. It also features prominently in a multitude of family law matters, including relationship breakdowns with domestic abuse, managing finances upon separation and dealing with arrangements for children.
It is important for us all to be aware of the uses of technology, but also try to keep up to date (as far as we possibly can) with the ways it can be misused. This article addresses two key examples of potential misuse.
Technology Facilitated Abuse
Domestic abuse can manifest in a number of ways, and technology can be misused to further exacerbate this through everyday devices such as mobile phones, laptops and home entertainment gadgets. Here is a list of a few simple checks you can carry out to see if anyone has tampered with or gained access to your devices, leaving them compromised:
- Check your location settings and see if tracking has been switched on;
- Go into your Bluetooth settings and see if there are any unfamiliar devices linked;
- Check your passwords and make sure not to use the same one for multiple accounts;
- Check your credit history in case someone close to you, or a scammer, has accrued debt in your name;
- Secure any devices such as Amazon Alexa, Google Home Hubs and Ring (or other branded) doorbells, changing passwords where necessary.
There is support available. If you are in an abusive relationship, you should consider whether it is safe to make any changes or whether you should seek support. You can contact the National Domestic Abuse Helpline on 0800 2000 247 to discuss your options.
Refuge works with survivors of domestic abuse to identify compromised devices and help secure them, together with any accounts. Their aim is to empower survivors of domestic abuse to use technology safely and regain their financial independence following the end of abusive relationships.
Legal Privilege and Generative AI such as ChatGPT
If you instruct a solicitor, legal professional privilege applies, which protects confidential communications between a solicitor and their client for the purposes of obtaining legal advice. This legal professional privilege is valid for as long as confidentiality is maintained.
Following the recent case in America of US v Heppner, individuals using generative AI such as ChatGPT should be aware that entering privileged advice (i.e. any wording within correspondence containing advice received from your solicitor or legal representative) has the effect of waiving the right to confidentiality. If you voluntarily disclose privileged advice via public AI platforms such as ChatGPT or Google Gemini to sense check correspondence, or draft a response to your solicitor, then you risk losing their privileged status.
It is therefore vitally important to avoid sharing any sensitive, personal or legally relevant information with these types of AI platforms. The answers generative AI platforms give are also wholly reliant upon the information the user inputs, and so, while it can provide an instantaneous response, the risks of inaccurate or insufficient information being provided are extremely high, and the consequences of this can be costly.
Too much reliance on the use of generative AI risks us all falling victim to the dangers of technology when used inappropriately and without an understanding of all the potential legal implications. Law firms are regulated and insured to give advice; AI is not.