01/29/2025

With New Record and Transcribe Tools, Should Employers Be Concerned?

New features allow meetings to be recorded and transcribed quite easily

Imagine finishing a phone call on your smartphone and instantly accessing a transcript and summary of the call or having an outline of notes automatically generated following a work meeting. Such a tool would likely prove a valuable resource, which could both increase efficiency and improve performance. New features, some leveraging artificial intelligence (AI), built into smartphones and other applications, are making that a reality.

While the upsides of such technology are significant, there are major pitfalls that await those who rush out such technology to employees without due consideration. Importantly, some states require both or all parties to a conversation to consent to be recorded, and violations can bring civil and sometimes criminal penalties. Moreover, the recording and transcribing of workplace communications could put at risk the confidential nature of sensitive and proprietary information or trade secrets. Furthermore, employers may be concerned with potential negative publicity from the release of such recordings or transcriptions, notably if the release does not include proper context.

The reality is that some employees may have unknowingly activated such technologies. For those who have knowingly engaged the technology, they may lack full understanding of the extent to which generative tools are recording conversations and be unaware of the full scope of risk presented.

Please select this link to read the complete article from Ogletree Deakins.