Using AI recording and transcription tools – Issues you need to consider

AI powered recording and transcription tools have become incredibly popular, promising a simple way to capture every detail from meetings - whether it's a board discussion, a client meeting, or even just a brainstorming session.  However, before you hit that record button, it’s important to understand the potential issues, especially when dealing with confidential or sensitive information.

One of the first things to consider is privacy.  Here in New Zealand, the Privacy Act 2020 governs the collection, use and disclosure of personal information.  While the Act doesn't contain a blanket prohibition on recording without consent, generally, the person making the recording needs to tell others involved that they are doing so, for what purpose and what they are going to do with the recording or transcript.  Those involved generally also have a right to be given the recording or transcript if it contains personal information about them, and the other information privacy principles also apply (e.g., retaining the recording only for so long as necessary for the purpose for which it was made).

Privacy is not the only matter to consider.  There may be ethical obligations that apply (e.g., for lawyers and medical professionals) and business or personal relationships may be damaged if people are recorded without their knowledge.  Transparency builds trust and avoids potential headaches later.

Think also about the implications of discoverability.  That recording and its transcript become a digital record that could potentially be requested in legal proceedings.  This applies to anyone keeping the recording and, in some cases, even the platform hosting it.  We've even seen reports of discovery applications being made to AI companies overseas.  So, that casual comment made during a board meeting or a preliminary thought shared during a business negotiation could one day find its way into a courtroom (and remember, even if a lawyer is present, arguments over legal privilege are not clearcut - privilege is not an absolute right).  The golden rule?  Never record anything you wouldn't want to see presented as evidence or on the front page of a newspaper … or at least don’t keep it.

Conversely, if you are holding a recording or transcript that is relevant to a legal proceeding which is in train or anticipated, you are not legally entitled to delete it (even if you could - complete “deletion” of digital records is not easy).

My own experience serves as a cautionary tale on another front.  I was recently on a call and left it, with others remaining to discuss items that did not involve me.  Later, (and I think this was an automatic function of the application), I received a transcript link and could see the conversation that continued after I’d logged off.  Thankfully, nothing confidential was discussed in that part.  But, more worryingly, the AI attributed a statement made by someone else after I’d left, to me! This highlights another crucial point: like all AI tools in their present state of development, AI transcription isn't foolproof.  It can mishear, misinterpret, and even invent things.  Imagine an incorrect transcript later being used as evidence that you remained in the meeting or said things that you did not.  It may be hard to prove otherwise.  It is therefore critical to check all recordings and transcripts carefully at the time, whether you are the recorder or the person being recorded.

Finally, think about how and where these recordings are stored.  Using third-party platforms means entrusting your data to their systems, potentially in different parts of the world with different legal regimes and access rights.  Understanding the platform’s data policies is important to ensure you're not inadvertently losing control over personal or confidential information.  Cybersecurity is a related issue.  If you haven’t kept a recording or transcript, there is nothing to hack.  So, even if you do record a meeting, consider carefully whether you really do need to keep the recording or transcript, and for how long.  These issues are even more critical where the information is highly sensitive or confidential.

AI recording and transcription functionality is a useful tool.  However, that utility needs to be balanced against legal and ethical requirements, the potential damage to your relationship with the people involved if they have not consented, the potential for AI hallucination, and the loss of control over what might happen to the digital record.