Privilege and confidentiality in generative AI workflows

The EU AI Act (Regulation 2024/1689) imposes technical obligations on high-risk AI providers, yet Articles 8-15 were drafted for predictive AI and leave seven technical gaps when applied to generative systems, spanning non-deterministic data governance, training-data provenance, continuous conformity, human oversight, open-ended robustness, emergent risk, and generative fairness. We deliver Governance-as-Code (GaC), a framework of 43 machine-checkable acceptance criteria across six compliance modules that run in a CI/CD pipeline and emit Article-indexed audit evidence, and we show the actual Rego policy code rather than merely describing it. Our central commitment is that the Act's open-textured standards ("appropriate levels," "possible biases") become declared, auditable numbers: robustness thresholds are derived from the provider's documented baseline and a state-of-the-art floor, and framing bias is collapsed into eight measurable proxies tested by counterfactual demographic probing. We also correct who owes what, since under Article 25 and Chapter V a downstream deployer relies on the upstream provider's Article 53 training-data summary and documents only the layers it controls, so GaC verifies that summary rather than demanding per-sample documentation the deployer never had. We validate on two enterprise deployments, a high-risk advisory chatbot and a limited-risk content generator, benchmarking against a manual expert audit rather than documentation artifacts that were never designed to enforce compliance. GaC reproduces all of the manual audit's findings, including three penalty-triggering violations, while cutting audit labor by roughly 75%.

Generative AI systems are increasingly deployed in high-stakes professional contexts, where their outputs shape what users believe, how they reason, and what they treat as settled. This raises a central question for responsible AI: under what conditions is reliance on generative AI outputs epistemically warranted rather than behaviourally induced? Existing frameworks largely ask whether AI outputs are accurate, fair, explainable, safe, or trusted by users. These questions remain necessary, and each can contribute to warranted reliance. However, they do not directly specify warranted reliance as a distinct evaluative target: the conditions under which users are justified in treating AI outputs as inputs into their own reasoning. We argue that this requires an account of epistemic trustworthiness: what makes a system epistemically worthy of reliance. Drawing on philosophical accounts of trustworthiness as competence and audience-orientation, we develop a constitutive normative framework comprising three jointly necessary and non-fungible conditions. First, epistemic humility requires systems to represent and communicate the limits of their competence. Second, epistemic access requires systems to enable users to inspect, question, and contest outputs in context. Third, resistance to epistemic injustice requires systems to recognise users as legitimate epistemic agents and avoid marginalising their knowledge and experience. Through real-world case analyses in legal reasoning, medical reasoning, and hiring, we show how failures of epistemic humility, epistemic access, and resistance to epistemic injustice can produce consequential harms that standard measures of accuracy, fairness, and usability do not address on their own. We conclude by outlining design and evaluation implications for GenAI systems organised around epistemically warranted reliance rather than output correctness alone.

Generative artificial intelligence now synthesizes photorealistic imagery, audio, and video at a cost that defeats traditional forensic intuition. The legal consequences span three regimes studied so far in isolation: international operational law, domestic procedure, and product regulation. This article presents a unified evidentiary framework that maps cryptographic content provenance, robust statistical watermarking, and zero knowledge attestation to the proof requirements of each regime. We define a five tier threat model spanning naive regeneration, adversarial laundering, cross model regeneration, active watermark removal, and insider provenance forgery. We release a public benchmark of 12000 generated items across image, audio, and video modalities under six laundering pipelines for 72000 evaluation samples. We evaluate four representative schemes and report true positive rate at fixed false positive rate, robustness area under the curve, computational overhead, and a regime conditioned legal sufficiency score. We translate empirical detection bounds into legal sufficiency thresholds for command decisions under the law of armed conflict, for criminal and civil admissibility under domestic procedure, and for persistence audits under the European Union Artificial Intelligence Act and analogous regimes. The result is a reproducible reference pipeline, a public benchmark, and model annexes that lawyers, engineers, and operators can deploy together.