Stowaways or Allies? Legal risks of using artificial intelligence (AI) transcription services in work meetings

You may have noticed in your recent video conference that an AI transcription service was present, meticulously capturing every word with digital precision. Perhaps you realized this because it was listed as an attendee in the meeting invitation, or maybe you received an email afterward with a summary of everything discussed during the session.

But did you know that behind this technological convenience lie ethical and legal challenges that companies must navigate with caution?

One of the primary ethical challenges relates to privacy and the confidentiality of information. AI transcription services have access to conversations that often involve sensitive and confidential data. This raises concerns about who has access to this data and how it is subsequently used. The possibility that transcription service providers may use the data to train their AI algorithms, or that third parties could gain access to this information, raises serious questions about data privacy and security.

In addition to these ethical concerns, it is crucial to consider the legal risks associated with the use of these tools:

1. Data privacy and protection: The use of AI transcription services involves the collection and processing of sensitive data, raising concerns about the privacy and protection of meeting participants' information. Companies must ensure that ethical and legal standards regarding the collection, storage, and use of personal information are met.
2. Consent for recordings: Obtaining proper consent from all parties involved before recording a conversation or meeting is essential. This means ensuring that all participants are informed and agree to the recording and transcription of the meeting.
3. Data security: The security of the data collected and stored by AI transcription services is critical to preventing unauthorized access, breaches, or cyberattacks. Companies must implement robust information security measures to protect data from security risks.
4. Regulatory compliance: Depending on the business environment and applicable regulations, there may be specific compliance requirements that impact the use of AI transcription services. Companies must be aware of and ensure compliance with relevant regulations in the context of meeting recordings and transcriptions.
5. Legal liability: In the event of incidents related to the use of AI transcription services, such as data breaches or regulatory violations, companies may face civil and/or criminal liability. This includes potential legal actions by affected parties, regulatory penalties, and the need to bear the costs associated with resolving legal situations.

To address these ethical and legal challenges, it is crucial to follow certain legal recommendations:

1. Ensure that the transcription service providers you use comply with applicable privacy and data protection laws. Verify their privacy and security practices before using their services. Carefully review their terms and conditions and privacy policies.
2. Obtain informed consent from all parties before recording and transcribing a meeting.
3. Limit access to and distribution of transcripts to authorized personnel within your company. Use secure AI models to prevent external or third-party access to the data.
4. Establish clear policies and internal procedures for the use of AI transcription services, including proper management of the collected information and protection of data confidentiality.

By following these legal recommendations, companies can leverage the benefits of AI transcription services while mitigating the associated ethical and legal risks, thereby ensuring responsible and secure use of this technology in the business environment.

Article provided by INPLP member: Oscar Montezuma Panez (Niubox, Peru)

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Dr. Tobias Höllwarth (Managing Director INPLP)