The use of AI Notetakers in Zoom, Teams etc. is accelerating. It can be convenient and useful in the right circumstances, but it requires the consent of all parties before recording begins. Using one without consent of all parties violates California’s all-party consent law (Penal Code Section 632) because AI-generated transcriptions are treated as “recordings” under California law. Additionally, there are significant questions around whether using an AI Notetaker jeopardizes the attorney-client privilege.
To minimize risk, we highly recommend:
- Only use AI transcription once consent safeguards are put in place. In other words, DO NOT USE AI recording/transcription unless or until all participants consent and you have a means of documenting and saving that consent confirmation.
- Include clear notice in meeting invites and obtain verbal consent at the start of each meeting before enabling transcription. The simplest way to do this is to record the verbal consent at the start of the meeting and save that recording excerpt in a designated compliance folder on the company’s database.
- If using a videoconferencing platform for meetings (e.g. Zoom, Teams etc.) use that platform’s consent banner that blocks participation until attendees agree. There should be a feature allowing you to export the consent log for filing and retention in a designated compliance folder on the company’s database.
- DO NOT USE AI recording/transcription when discussing highly confidential attorney-client privileged material.
This approach aligns with California law and is designed for risk prevention. Please reach out to Denis Kenny at Denis@sfcounsel.com or Brandon Smith at Brandon@sfcounsel.com with any questions or if you would like us to draft the invite language and a short consent script for meeting hosts to use.