Swearing (Not That Kind)


A few years back, I did a piece of data analysis that became the basis of expert testimony in a court case. I was even cross-examined under oath.

I understood the gravity of the work right from the start, so I was extremely careful to document and check everything I did. Nevertheless, I was surprised by some of the things that were subpoenaed, in particular scanned copies of the handwritten notes I'd made during meetings with the people who were instructing me.

What opposing counsel wanted to know was whether any of them had tried to influence my findings. Fortunately, they hadn't, and the cross-examination went without a hitch.

I was reminded of this recently, when friend of the list Paul Rayburn pointed me to a ruling in which a US court ordered an expert witness to disclose the AI prompts used in producing her report.

This appears to be the first time this has happened, and it's just one judge's ruling. But it highlights something data scientists should take very seriously.

Data scientists go to great lengths to ensure their models aren't statistically biased. Yet we often overlook two of the greatest sources of bias: ourselves and our stakeholders.

My handwritten notes recorded what I'd been told and how I'd interpreted it, which is exactly why opposing counsel wanted to see them. They were the only record that showed whether anyone's expectations had biased me.

AI prompts now do the same thing, but with a twist. If anyone's expectations find their way into the prompt's wording, they can bias the results, and the prompt leaves a written record that someone else can ask to read.

For most data scientists, testifying in court is rare. I've only done it once in my career. Audits and independent reviews, though, are far more common.

If you want to influence strategic decisions through your work, your analysis must hold up if someone asks who (or what) shaped it.

I never expected my handwritten notes to be read by anyone but me. What would your prompts say about you if an auditor read them?

Talk again soon,

Dr Genevieve Hayes

Data Science Impact Algorithm

Twice weekly, I share proven strategies to help data scientists get noticed, promoted, and valued. No theory — just practical steps to transform your technical expertise into business impact and the freedom to call your own shots.

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