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AI NOTETAKERS – RISKS AND STRATEGIES FOR IMPLEMENTATION
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Even if an organization has not formally adopted an AI notetaker, employees may already be using the technology.
The explosion of generative AI has spawned a wide range of tools and applications. One noteworthy example is“ AI notetakers” that capture, transcribe, or organize content discussed at meetings( virtual or otherwise). As with any new technology, it is important to consider the risks and benefits and to have a plan for implementation.
Many AI notetakers exist today, with different benefits and features. Potential users should carefully consider the following questions when selecting and implementing an AI notetaker in their organization.
Does the tool record the conversation / meeting?
Recording raises several issues. Some states, including Florida, are known as“ all-party” or“ two-party” consent states. These states require the consent of all persons in a conversation before it can be recorded. Users must ensure required consent is obtained.
Users must also consider the application of comprehensive and generally applicable privacy laws, such as the Florida Digital Bill of Rights and the California Consumer Privacy Act( CCPA).
Since a recording and / or transcript will be generated, users must further contemplate accuracy, encryption, access, storage, as well as more nuanced issues, such as whether it is subject to a litigation hold or contains confidential attorney-client communications. Use of notetakers in the employment context can raise additional regulatory compliance obligations such as under the ADA, GINA, and HIPAA.
Is your data used to train the notetaking tool?
Some notetaking tools use customer prompts and transcriptions to help improve the product’ s accuracy, which raises confidentiality, regulatory and contractual issues. Organizations preferring to opt out of such use should make sure to counsel employees to do so.
What kind of confidential and personal information may be captured?
The answer can be wide-ranging and will be shaped by the type of business and activities engaged in or the departments / employees using the tool, among other factors. For example, in a law firm environment, notetakers will raise attorney-client privilege issues. In healthcare, a notetaker may capture protected health information.
If the product promotes deidentification, what standard for deidentification applies?
Deidentification can be an important feature, particularly or law firms. Users should understand the applicable deidentification standard, such as under HIPAA.
Are third parties using these tools?
Clients, applicants, vendors, and other third parties may also be using these tools during meetings with company leaders or employees. Transcripts from these meetings may contain confidential business or privileged information, such as that garnered during a job interview.
Does the organization need a policy?
New technologies like generative AI and their various iterations often raise many questions. Policies can be helpful to establish guiding principles and requirements for employees, such as:
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