Attorney Cameron G. Shilling wrote an article for New Hampshire Tech Alliance Newsletter titled AI Notetakers: Do They Comply with the Law? (October 16, 2024).
« Have you ever noticed during a videoconference that a participant is using an AI notetaker or that the meeting is being transcribed? … People who use these tools effectively know that they can generate highly value outputs, including meeting summaries and direct inputs into business tools, like customer relationship management (CRM) and enterprise resources planning (ERP) applications. »
« There are three key factors that a business must address… (1) consent; (2) security; and (3) confidentiality. »
- Consent. « Wiretap statutes in eleven states, including New Hampshire and Massachusetts, require consent from every person participating in an audio communication to lawfully record the conversation. Since AI notetakers and transcribers record audio, use of them must comply with the wiretap statute of each participant’s state… Privacy laws in twenty states (and many other jurisdictions, including the European Union and Canada) require consent before collecting and using sensitive personal information. That includes information about race, national origin, religious beliefs, political affiliation, sexual orientation, children, health, biometrics, and geolocation. Because the content of some meetings could capture such information, and because the recording of a person’s face or voice itself could reveal some such information, requiring all-participant consent before using an AI notetaker or transcriber ensures compliance with privacy laws. »
- Security. « Cybersecurity laws and standards require businesses to implement reasonable measures to ensure the safety of certain information… When an unlicensed AI notetaker or transcriber is used, the meeting recording and output from the technology are often retained in the AI’s own cloud environment, and used by developers to further train the AI engine. »
- Confidentiality. « Trade secrets laws, non-disclosure agreements, and other obligations require businesses to maintain the confidentiality of certain information. Ethics codes and industry regulations impose even stricter such duties, particularly for professionals engaged in privileged communications, like medical providers, counselors, social workers, lawyers, etc. Thus, the use of AI notetakers and transcribers by businesses and professionals presents risks of disclosure of confidential and privileged information to third party AI providers. »
Attorney Joseph J. Lazzarotti wrote an article for the National Law Review titled AI Notetakers – Evaluating the Risks Along with the Benefits (March 21, 2024).
« There are already many AI notetakers on the market. Summaries like this can help users evaluate the different features, options, ratings, etc. In addition, users might consider the following questions when selecting and implementing an AI notetaker for their organization. »
Articles of Interest 