b'and opt-out rights when this information will be processed by a consumer or business-class tool, but that an enterprise-grade tool has sufficient safeguards to allow unrestricted processing. By contrast, even if the lawyer determines it is reasonable to process De-Identified Information using a public tool, informed client consent is still advised prior to doing so. With respect to Confidential Information (which we defined in Step 1 as information that is protected by Rule 1.6, or is otherwise subject to confidentiality obligations, but without Sensitive Personal Information), the lawyer has determined that it cannot be processed using a public GAI tool under any circumstances, but that business-class and enterprise-grade tools provide sufficient safeguards to allow processing with only notice and opt-out rights. In Step 2, we defined public to mean GAI tools that are operated and controlled by a third party and strongly aligned with the public category shown in Table 2. A lawyer might reasonably determine that Confidential Information can be processed using a consumer-aligned tool if the available security options described in Table 2 are enabled (such as, for example, opting out of model training) and informed client consent is obtained as an additional safeguard. With respect to Sensitive Personal Information (which we defined in Step 1 to include highly sensitive elements such as medical records and financial accounts), the lawyer has determined that it cannot be processed using a public or consumer GAI tool under any circumstances. The lawyer has also determined that informed written consent should be obtained prior to processing this information using a business-class GAI tool that has not fully incorporated all the enterprise-level safeguards described in Table 2.Clients and lawyers should also understand that certain types of GAI processing, described in Table 3 as System-Wide Processing, may be difficult or infeasible to disable. For example, if a major cloud platform (like Microsoft 365) begins actively incorporating GAI functionality into its basic computational structure, the law firms entire data repository could be subject to GAI processing, even involving Sensitive Personal Information. Clients should still be made aware that this processing happens, but there might not be a clear path for them to opt out. In these cases, and again using the five factors set forth in Rule 1.6, Committee Comment [18], a lawyer might conclude that even though the sensitivity of the information is high (factor 1), the difficulty of allowing opt-out rights for systemic AI processing (factor 4) and the extent to which allowing opt-out rights will adversely affect the lawyers ability to represent clients (factor 5) are too high. In such a case, the lawyer might choose to focus on reducing the likelihood of disclosure (factor 2) by allocating more resources to employing additional safeguards (factor 3). In that case, the lawyer should ensure that the tools used for system-wide processing are closely aligned with the enterprise-level safeguards shown in Table 2. Rule 1.6 references informed consent in two different contexts, and the distinction is useful when managing GAI-related client conversations. Rule 1.6(a) states that lawyers may not reveal information relating to the representation of a client unless the client gives informed consent. This has not typically been interpreted to require informed consent when lawyers process client information through a third-party vendor, and it seems plausible that this understanding should continue in the context of third-party managed GAI tools. 40However, Committee Comment [18] to Rule 1.6 also states: A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to forgo security measures 40 ,., Ill. State Bar Assn, Profl Conduct Advisory Op. No. 16-06 (2016). (A lawyers use of an outside provider for cloud-based services is not, in and of itself, a violation of Rule 1.6, provided that the lawyer employs, supervises anSde oevee.rgsees the outside provider.).Page | 20'