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Artificial intelligence is creating new rules and new precedents in business law. It's something business law attorneys at The Orlando Law Group are watching closely as more and more companies are using AI for work product.
One place that could cause issues is the use of AI programs during virtual meetings.
Every business today is using some sort of video conferencing. Whether it is Teams, Zoom, Google Meets or something else, the ease of having meetings from the office is creating efficiencies that have not been seen before.
At in-person meetings in the past, it was usually up to attendees to take notes, or one person volunteered to be the notetaker. For official records, a court recorder was hired to create the transcripts.
Today, nearly every online meeting program offers the ability to record transcripts and use AI to help assign tasks and action items. There are other programs, like Otter.AI and VOMO, that can truly analyze the tone and the outcomes of any meeting.
But is it legal?
Yes, you can absolutely use them, but in some states – like Florida –you must have two-party consent from everyone in the meeting or you could be committing a felony.
Most people are familiar with the concept, as it's a common ploy in television shows and movies to record the unsuspecting criminal admitting to their crimes.
In business, tools to record virtual meetings are typically not used to find wrongdoing, but to help people become more efficient.
But there could be issues. For instance, if someone makes a sexual innuendo or uses a racist trope, could the business use the transcripts to punish or fire an employee?
If you notified all users that the meeting was being recorded by an AI assistant and no one objected, then anything said in the meeting can be used in this case. If they weren't notified or someone objected, the transcripts and video cannot be used in Florida.
However, in most states, there does not need to be consent from everyone as shown here by Otter. AI.
What has not been determined is how consent is formed with virtual meetings where attendees are from multiple states.
Traditionally, the laws from the state where the recording took place were applicable; however, virtual meetings are being recorded with computers and being stored at data centers.
We're watching for legal guidance on whether it is the home state of Google, where the data center is located, or whether it is based on who organized the meeting.
In the meantime, it is critical to let all attendees of virtual meetings know they are being recorded and provide an opportunity for anyone to not consent. This can be done in a chat, by having a "virtual notetaker or assistant" attendee, or just by saying it at the beginning of the meeting.
The attorneys at The Orlando Law Group help with all types of legal issues for businesses and technology in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
