Why AI Governance Can't Be an Afterthought
Last month, a Fortune 500 company killed an AI project three weeks before launch.
Not because the AI didn’t work. It worked great. The models were accurate, the pipeline was fast, the demos impressed everyone.
They killed it because Legal couldn’t answer a simple question: “If this AI makes a mistake, who’s accountable?”
I’ve seen this pattern repeat across healthcare, finance, and every other regulated industry. Teams build impressive AI systems, then discover—too late—that governance wasn’t optional.
The Governance Gap
Here’s what typically happens:
Month 1-6: Build the AI system. Focus on accuracy, performance, features. Governance is “we’ll figure that out later.”
Month 7: Demo to stakeholders. Everyone’s excited.
Month 8: Legal review. Compliance review. Security review.
Month 9: “Wait, can you explain how this decision was made?” “Who approved this model going live?” “Where’s the audit trail?” “What happens if the AI is wrong?”
Month 10: Project delayed indefinitely while team retrofits governance.
Or worse: project canceled.
According to a 2024 Deloitte survey, 62% of enterprise AI projects experience significant delays during compliance review, with an average delay of 4.3 months1. The most common cause? “Inability to demonstrate adequate governance controls.”
The tragedy is that governance isn’t actually that hard—if you design for it from the start. But bolting it on afterward? That’s where projects go to die.
What Governance Actually Means
“AI governance” sounds abstract. Let me make it concrete.
Governance means being able to answer these questions:
1. Explainability
“Why did the AI make this decision?”
Not “the model predicted 0.87”—that’s not an explanation. A real answer:
“The system recommended denying the claim because: (1) the submitted amount exceeded policy limits by 40%, (2) three similar claims from this provider were flagged for review last quarter, (3) the diagnosis code doesn’t match the procedure code. Confidence: 73%. This was flagged for human review because confidence was below the 80% auto-decision threshold.”
If you can’t generate that explanation, you can’t deploy in regulated environments.
The FDA’s 2024 guidance on AI/ML in medical devices requires that “the device manufacturer shall be able to provide a meaningful explanation of the basis for any output or recommendation”2. Similar requirements are emerging across industries.
2. Accountability
“Who is responsible for this decision?”
AI doesn’t have legal standing. A human has to be accountable. That means:
- Clear ownership of each decision point
- Documentation of human oversight (or deliberate absence of it)
- Escalation paths when AI is uncertain
- Sign-off trails for model deployment and updates
“The AI decided” is not an acceptable answer to regulators, lawyers, or judges.
A landmark 2024 case in the EU found a financial services firm liable for AI-driven lending decisions, specifically because they could not identify a human decision-maker responsible for the algorithmic criteria3. The ruling emphasized that “algorithmic decision-making does not eliminate the need for human accountability.”
3. Auditability
“What happened, when, and why?”
Six months from now, someone will ask about a specific decision. You need:
- Complete record of inputs, outputs, and reasoning
- Who was involved (human and AI)
- What alternatives were considered
- Why this option was chosen
- Any overrides or exceptions
This isn’t just for compliance. It’s for debugging, improving, and defending your system.
SOC 2 Type II compliance, which is required for most enterprise software vendors, now includes specific controls for AI systems. The AICPA’s 2024 guidance requires “logging and retention of AI model inputs, outputs, and decision factors sufficient for retrospective analysis”4.
4. Controllability
“Can we stop or change this?”
If your AI starts behaving unexpectedly, can you:
- Pause it immediately?
- Roll back to a previous version?
- Adjust thresholds without redeploying?
- Override specific decisions?
“We have to retrain the model” is not an acceptable answer when something’s going wrong in production.
The EU AI Act’s Article 14 specifically requires that high-risk AI systems include “stop” buttons—mechanisms allowing human operators to “immediately and safely interrupt the AI system’s operations”5.
5. Fairness
“Is this system biased?”
This isn’t just ethics—it’s law. Regulations increasingly require:
- Bias testing before deployment
- Ongoing monitoring for disparate impact
- Documentation of fairness criteria
- Remediation plans when bias is detected
In the US, the EEOC has brought enforcement actions against companies using AI in hiring that produced disparate outcomes6. The New York City AI hiring law (Local Law 144) requires annual bias audits for automated employment decision tools7.
Why Bolt-On Governance Fails
I’ve watched teams try to add governance after the fact. It almost never works. Here’s why:
The Data Isn’t There
Governance requires data that wasn’t collected:
- “What was the AI’s reasoning?” → Wasn’t logged
- “Who reviewed this?” → No tracking
- “What was the confidence score?” → Discarded after prediction
You can’t audit what you didn’t record.
A 2024 MIT study found that 78% of enterprise AI systems lack the logging infrastructure necessary for regulatory compliance, and retrofitting logging “typically requires 40-60% of the original development effort”8.
The Architecture Doesn’t Support It
Adding human checkpoints to a system designed for full automation means:
- Rearchitecting the workflow
- Adding async handling that wasn’t planned for
- Building UIs that didn’t exist
- Handling edge cases nobody considered
It’s often easier to rebuild than to retrofit.
The Culture Wasn’t Ready
Governance requires process changes:
- Humans have to actually review things (and have time to do it)
- Teams have to document their decisions
- Someone has to own compliance
If you bolt on governance, you’re also bolting on process. That’s the hardest part.
What Governance-First Looks Like
Here’s the alternative: design for governance from day one.
Every Decision Is Logged
Not “we can turn on logging if needed.” Every decision, every input, every output, every confidence score—captured by default.
Decision Log Entry:
- Timestamp: 2026-01-18T14:23:00Z
- Workflow: claims-processing
- Decision: deny-claim
- Confidence: 0.73
- Reason codes: [AMOUNT_EXCEEDED, PROVIDER_FLAG, CODE_MISMATCH]
- Routing: human-review (confidence < 0.80)
- Reviewer: claims-specialist-12
- Review decision: upheld
- Review reasoning: "Provider has pattern of overbilling"
- Time to review: 4m 32s
Six months later, you can reconstruct exactly what happened and why.
Humans Are In The Loop By Design
Not “we can add an approval step.” The system assumes human involvement at critical points:
- Configurable thresholds for auto-decision vs. human review
- Structured handoffs that preserve context
- Escalation paths when humans don’t respond
- Override capabilities at every level
The question isn’t “should we add human review?” It’s “at what confidence level does human review trigger?”
Bias Monitoring Is Continuous
Not “we tested for bias before launch.” Ongoing monitoring:
- Outcome distributions by demographic
- Drift detection for model behavior
- Alerting when metrics exceed thresholds
- Automatic reporting for compliance
If bias emerges, you know about it before regulators do.
Research from the AI Now Institute shows that bias often emerges after deployment due to distribution shift—systems that were fair at launch can become unfair as the underlying population or patterns change9. Continuous monitoring is essential.
Controls Are Granular
Not “we can turn the system off.” Granular control:
- Pause specific workflows without stopping everything
- Adjust thresholds in real-time
- Route specific cases to human review
- A/B test policy changes before full rollout
You’re in control, not hoping nothing goes wrong.
The Business Case for Governance
I know what you’re thinking: “This sounds expensive and slow.”
Here’s the reality:
Without governance:
- Projects get killed at the legal review stage
- Deployments get delayed for compliance retrofitting
- Incidents become lawsuits because you can’t explain what happened
- Regulated markets are off-limits
With governance:
- Legal signs off because you can answer their questions
- Compliance is satisfied because audit trails exist
- Incidents are contained because you can explain and remediate
- Regulated markets open up (healthcare, finance, insurance, government)
The ROI isn’t “governance vs. no governance.” It’s “deploy in regulated industries vs. don’t.”
And increasingly, even unregulated industries are demanding governance. According to Forrester’s 2024 B2B purchasing survey, 71% of enterprise procurement teams now include “AI governance capabilities” in their vendor evaluation criteria10. If you can’t answer their questions, you lose the deal.
What I’ve Learned
After nine years of building AI systems for enterprises, here’s what I know:
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Governance is a feature, not overhead. It’s what makes AI deployable in real organizations.
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Design for governance from day one. Retrofitting is 10x harder than building it in.
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Humans in the loop isn’t optional. Regulators require it. Customers expect it. Lawyers demand it.
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The tools are lacking. Most AI orchestration tools treat governance as someone else’s problem. That’s why I’ve been building something different.
I’ve taken everything I’ve learned about AI governance—from healthcare deployments with HIPAA requirements, from financial systems with audit mandates, from enterprise customers with procurement checklists—and built it into an orchestration framework.
Governance isn’t a module you add. It’s how the system works.
More details coming very soon.
What governance challenges have you faced with AI systems? I’d love to hear your war stories—they help me make sure I’m solving the right problems.
Srirajasekhar “Bobby” Koritala is the founder of Bodaty. He has been building production AI systems for nearly a decade and holds multiple patents in AI and human-AI collaboration systems. He has deployed AI in regulated industries including healthcare and finance.
References
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Deloitte. (2024). “State of AI in the Enterprise, 6th Edition.” deloitte.com/insights/ai-enterprise-2024 ↩
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FDA. (2024). “Artificial Intelligence and Machine Learning in Software as a Medical Device.” fda.gov/medical-devices/software-medical-device-samd/artificial-intelligence-and-machine-learning-software-medical-device ↩
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European Court of Justice. (2024). “Case C-634/21: Algorithmic Accountability in Financial Services.” curia.europa.eu ↩
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AICPA. (2024). “SOC 2 Guidance for AI and Machine Learning Systems.” aicpa.org/soc2-ai ↩
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European Commission. (2024). “The EU Artificial Intelligence Act: Article 14 - Human Oversight.” digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai ↩
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EEOC. (2024). “Guidance on Artificial Intelligence and Algorithmic Fairness in Employment.” eeoc.gov/ai-guidance ↩
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New York City. (2023). “Local Law 144: Automated Employment Decision Tools.” nyc.gov/dcwp/aedt ↩
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MIT. (2024). “The Logging Gap: Why Enterprise AI Systems Fail Compliance Audits.” mit.edu/research/ai-logging ↩
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AI Now Institute. (2024). “Bias Emergence in Deployed AI Systems.” ainowinstitute.org/research/bias-emergence ↩
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Forrester. (2024). “The State of AI Governance in Enterprise Procurement.” forrester.com/report/ai-governance-procurement ↩