I have a vendor stating they can’t agree to not use our data to train AI for other customer models because it’s a multi tenant SaaS. Isn’t there still a way to segregate it and not use the data to train models for other customers?

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Yes, of course they could choose not to use your data. But they’re telling you your business isn’t worth the effort to do that

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Are you willing to pay higher fees for having your own dedicated instance of their platform and a model trained only on your data?

Are you expecting all the updates and upgrades to their platform and models as trained by other customer data but not do the same thing yourself? Having your cake and eating it too?

Is the data deidentified and aggregated before using for training purposes? Or do they offer an opt out toggle in the platform menus?

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Definitely. Require deidentification of PHI and include right to do so in BAA. Ensure you have coverage under indemnity for breach of data provisions and BAA and indemnification liability is excluded from limitation of liability.

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It’s all product/vendor/use case dependent, so without more info, it’s hard to say. At the end of the day, I doubt they’ll change their product for just you if you’re doing a standard package/they don’t already have the functionality.

+1 to Attorney 1’s questions regarding deidentification/aggregation and whether they offer opt outs or other tools in the platform itself.

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Agreed on they likely won’t change the product. I’m in healthcare and I’m concerned about the HIPAA aspect given the data is not deidentified or aggregated

alot of these models should be trained with their own proprietary data sets prior to deployment, you can make this point to them. segregating your data won’t matter if they can still process and use that data to train their systems. segregation is a separate issue and only serves to prevent comingling of your data assets with other customers’ data

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F

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