Regulation — pharma-specific

21 CFR Part 11 — electronic records + AI decision reproducibility

Every AI-driven eligibility decision in a regulated trial is an electronic record. Part 11 sets the retention + audit-trail + reproducibility duty. Sponsors that treat AI outputs as "vendor logs, not records" are the ones who cannot reconstruct decisions when FDA BIMO or a plaintiff asks.

What the regulation actually says

"Persons who use closed systems to create, modify, maintain, or transmit electronic records shall employ procedures and controls designed to ensure the authenticity, integrity, and, when appropriate, the confidentiality of electronic records …" 21 CFR §11.10 — controls for closed systems
"Use of secure, computer-generated, time-stamped audit trails to independently record the date and time of operator entries and actions that create, modify, or delete electronic records. Record changes shall not obscure previously recorded information. Such audit trail documentation shall be retained for a period at least as long as that required for the subject electronic records …" 21 CFR §11.10(e) — audit-trail requirement

What this means in plain English

Three obligations for any sponsor whose AI participates in a regulated trial decision:

  1. Authenticity + integrity. You must be able to demonstrate the AI decision recorded on Day 47 is the one the model actually produced, not a later reconstruction.
  2. Audit trail. Every create / modify / delete on the record is time-stamped, attributable, and preserved as long as the record itself.
  3. Retention horizon. Trial records run for the FDA pivotal-trial horizon — typically 15 years post-NDA/BLA approval; longer under sponsor SOP.

Vendor telemetry that rotates with model version is not a Part 11 audit trail. If the decision cannot be reproduced with the exact model version, input state, and output hash from the day it was made, the record is not defensible.

What triggers the exposure in the sample

10 high-severity distributional-drift events across a 90-day audit period on the trial-eligibility classifier. Every P3 exclusion decision in the drift window is a record Part 11 says must be reproducible. If the sponsor cannot pin the model version, retain the input state, and bind the decision hash for those records, the FDA BIMO inspector's first request surfaces the gap directly.

Part 11 does not require the AI to be right. It requires the sponsor to be able to reconstruct what the AI did, and when.

What the $499 Snapshot shows against this rule

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How does this help me?

Part 11 defensibility is a discipline claim, not a checklist. The consequence of NOT being able to reproduce an AI-driven eligibility decision when FDA BIMO asks is a very different exposure profile.

Read: 21 CFR Part 11 -- what it saves you when BIMO opens Form 483 →

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