Artificial intelligence (AI) is increasingly being integrated into the workplace. For example, AI can help streamline workflows and “outsource" mundane, repetitive tasks such as meeting note transcription.

However, the use of AI to transcribe meetings is coming under new scrutiny. While this technology offers convenience and efficiency, it also introduces a host of legal, privacy, and operational considerations that organizations must address. The following will help you understand what your organization can do now to avoid issues down the line.

Start with Transparency and Policy

Before deploying AI transcription tools, organizations should establish a clear AI Acceptable Use Policy. This policy should outline how AI can be used within the company, identify approved tools, and define prohibited practices. Annual training can help employees understand how AI works, its benefits, and its risks. Educating staff not only reduces liability but also demonstrates that the organization is taking responsible steps to manage emerging technologies.

Consent: A Legal Necessity

Consent laws for recording conversations vary by jurisdiction. Some states, like California, require all parties to consent to a recording, while others, like North Carolina, require only one party’s consent. The location of meeting participants determines which laws apply. 

To ensure compliance, all meeting participants should be notified and consent to the recording at the beginning of a meeting. Many conferencing platforms offer customizable disclaimers for this purpose. 

However, be aware that participants might still use their own AI tools to record meetings, potentially bypassing organizational controls.

Safeguarding Data Privacy

AI transcription tools often process sensitive or confidential information. 

It’s crucial to review the terms of service and privacy policies of any AI provider to understand how data is handled. Will the data be used to train AI or provide AI outputs to third parties? Is it stored securely? Organizations should implement robust security measures—such as encryption and password-protected access—to prevent unauthorized access or data leaks.

When legal counsel is involved, extra caution is warranted. Recording or transcribing these conversations can jeopardize attorney-client privilege if the data is not securely stored or is accessed by unauthorized individuals. 

Managing Access to AI Notes

Access control is another critical consideration. Who can view the AI-generated notes? Are they limited to meeting attendees, or can others within the organization—such as IT or management—access them? Sensitive discussions, such as employee reviews or internal conflicts, should not be broadly accessible. Organizations must carefully configure access rights to align with their risk tolerance and privacy expectations.

Litigation Risks and Record Retention

AI-generated transcripts can become discoverable evidence in legal proceedings. Deleting these notes might violate litigation hold requirements. Organizations should weigh the benefits of transcription against the potential legal exposure. 

One strategy is to ensure these records are deleted quickly. Another strategy is to keep meetings “open” for a limited time (e.g., 48 hours), allowing temporary access to notes without permanent storage. This approach can reduce the risk of creating discoverable material while still enabling short-term review.

Accuracy and Accountability

AI is not infallible. Transcripts may contain errors or misinterpretations, especially in complex or nuanced discussions. It’s advisable to cross-reference AI notes with contemporaneous human notes or recordings, particularly when decisions or legal implications are involved.

Additional Considerations

• Limit access and dissemination of the recordings, transcriptions and notes. Miscommunications—such as misstated deadlines or overpromises—can be amplified when shared widely.
• The knowledge that a meeting is being recorded might inhibit open dialogue, chilling productive conversations.
• Side conversations before or after the main meeting can inadvertently be captured and transcribed.

Have questions or want to learn more? 

Connect with Lyle Gravatt.