What a Legally Defensible AI Policy Looks Like

Every AI policy sounds good—until someone challenges it. Here’s what separates real governance from shelfware.

Your AI Experts In Law Enforcement

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Date
02/28/2025
Writer
CLEAR Council Policy Team
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A defensible policy isn’t about buzzwords. It’s about structure, clarity, and enforceability.

A growing number of law enforcement agencies are being told: “You need an AI policy.” Some grab a boilerplate and move on. Others draft something internally and hope it covers the bases. But when the public, press, or a legal inquiry puts pressure on that document, most fall apart.

The question is simple: If your AI policy was submitted in discovery, FOIA, or testimony—would it hold?
If not, you’re exposed.

What Doesn’t Hold Up

Vague Definitions

If your policy doesn’t clearly define “AI,” “automated decision-making,” or “risk,” you can’t enforce it—and neither can anyone else.

One-Size-Fits-All Rules

Treating a dispatch tool the same as a suspect analysis algorithm is a mistake. Courts and oversight bodies expect different levels of scrutiny for different types of risk.

No Assigned Oversight

A policy that says “staff will review outputs” without naming roles, workflows, or logs isn’t a policy. It’s a placeholder.

No Reference to Contracts, Vendors, or Suspension

If your policy doesn’t link to your procurement terms or include language about system deactivation during investigation, it won’t survive a real-world failure.

What a Strong Policy Includes

  • Definitions that match federal and state frameworks (not just marketing terms)
  • Risk-based governance that separates low-risk tools from high-risk deployments
  • Assignment of roles (command, legal, IT, HITL, vendor)
  • Kill switch and audit protocols for incidents, errors, or complaints
  • Appendices and checklists that make the policy operational—not theoretical
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