b'o Unique biometric identifiers or biometric information (as defined in Illinois law)o Passwords and security question/answer pairso Any other information meeting PIPAs definition of personal information, even if separatedfrom a first name or first initial in combination with last nameWhether a lawyer may be required to take additional steps to comply with other laws, such as state and federal laws that govern data privacy, is beyond the scope of this Guide. Step 2: Categorize the GAI Tool For purposes of this Guide, we group GAI tools into two main categories: Third-party managed, and self-managed. Each category has distinct implications for confidentiality, security, and client communication. This section describes these broad categories and explains how best to classify any given GAI tool. (a) Third-Party Managed GAI ToolsA GAI tool isthird-party managedif the essential components of the tool are under the direct control of someone other than the lawyer or the law firm. When a lawyer transmits data to such a GAI tool for storage and processing, that data too becomes within the direct control of the third-party. Architecturally, this hosting and management structure is similar to other cloud-based systems that a lawyer may already use. Nevertheless, these tools introduce unique data processing techniques that are new to the world of cloud-basedsystems.Accordingly,GAItoolspresentuniquerisksaboveandbeyondthoseassociatedwith traditional cloud systems.public publicIn some descriptions, a GAI tool may be referred to as a tool. For purposes of this Guide only, means a GAI tool that: (i) is operated and controlled by an entity other than the lawyer or law firm; and (ii) stronglyalignswiththepubliccategory(discussedfurtherbelowandillustratedinTable2).Asan illustration, and without endorsing any particular vendor, tools such as ChatGPT have some versions which are public, some that are licensed under consumer-oriented terms of service, and other versions which are licensed under business-class terms of service. 26This terminology is used solely for the purposes of this Guide and does not constitute legal advice or state the views of the Illinois Supreme Court. In Step 3 of this section, we outline the main safeguards that should be considered when evaluating third-party managed GAI tools. Before we do that, however, you should clearly understand the difference between two types of third-party managed GAI tools: Native Model Platforms and API Integrations. This distinction matters, because Step 3 applies differently depending on which type of third-party managed tool is being evaluated.For example, in the case of a Native Model Platform, issues such as model training are addressed directly in the platforms Terms of Use. By contrast, when using an application that integrates with a model provider, thelawyerisnotdirectlyinvolvedinselectingtheunderlyingmodel,andadditionalresearchmaybe necessary to confirm whether appropriate safeguards are in place. 26As of the Effective Date of this Guide, the free version of ChatGPT is a public tool, while the ChatGPT Plus and Pro versions are consumer-aligned tools.Page | 9'