Understanding the risks and compliance considerations. AI is revolutionising the workplace by enhancing operations and boosting efficiency. A notable trend is the adoption of AI-driven note-taking tools like Otter.ai and Microsoft Copilot, which automatically transcribe and summarise meetings.
Brilliant I hear you say! A word of caution - although these tools offer benefits, they also pose significant data protection and compliance challenges, especially under the UK GDPR. It is important for schools, in particular, to thoroughly evaluate their use of AI transcription tools before implementing them.
How do AI note-takers work?
AI note-taking tools capture, transcribe, and summarise spoken conversations in real-time, frequently using machine learning and natural language processing (NLP) to produce precise transcripts. Some tools extend their capabilities by analysing speech patterns, pin-pointing key topics, and even proposing action items from discussions.
Although this is beneficial for documenting meeting minutes, it presents significant data protection issues, especially when handling confidential, sensitive or personal information.
Let's explore the legal and compliance risks
Lawful basis for processing under UK GDPR
According to the UK GDPR, organisations need a legitimate reason to process personal data. When using AI note-takers, these tools might gather and handle:
- Staff and student data
- Sensitive discussions
- Personally identifiable information (PII)
- Potentially confidential or regulated data
To ensure compliance in processing personal data, schools need to assess if their use of AI transcription tools is justified by legitimate interest, contractual necessity, legal obligation, or consent. Typically, explicit consent is necessary before recording or transcribing a meeting.
Lack of transparency and informed consent
The UK GDPR strongly emphasises transparency, requiring that all meeting participants be fully informed about the use of an AI note-taker, the data it collects, its storage location, and its processing methods.
Many AI note-taking tools automatically record meeting content without explicit consent, potentially violating data protection laws. Schools must ensure that all individuals involved:
- Are clearly informed that an AI tool is being used
- Have the option to opt-out before the tool begins recording or transcribing.
- Understand where their data is being stored and how it may be used.
- Know if you are or not in agreement for them to use an AI note-taker during your meeting.
Without clear communication, the use of AI note-takers could lead to complaints, legal challenges, or even action from the ICO.
Data storage and security risks
AI note-taking tools often store recordings and transcripts on cloud servers, sometimes in jurisdictions outside the UK or European Economic Area (EEA). If personal data is being transferred internationally, organisations must ensure they comply with UK GDPR international data transfer rules.
Key considerations include:
- Where is the data kept? Numerous AI services run on servers located in the US, which might not provide the same level of data protection as UK or EU standards.
- Who can access it? Some AI providers keep transcripts for machine learning, potentially exposing private discussions to third parties.
- Is the data secure? You should verify if AI note-takers offer end-to-end encryption to safeguard sensitive information from breaches.
Accuracy and potential for bias
AI-generated transcriptions may not always be completely accurate. When relied upon for official records, inaccuracies can result in miscommunication, mistakes, or even legal conflicts. Additionally, AI might introduce bias by distorting statements due to variations in speech patterns, accents, or contextual nuances.
Schools must ensure that:
- AI-generated transcripts are reviewed and corrected before being used for official records.
- Staff do not rely solely on AI for meeting minutes or critical documentation.
Staff privacy concerns
The implementation of AI note-takers raises ethical and privacy issues, especially if staff perceive they are being surveilled without valid reasons. Secretly recording meetings without clear consent can undermine trust and put your school at risk of reputational harm.
To avoid this, schools must:
- Justify the need for AI transcription tools.
- Ensure staff and others feel comfortable with how data is processed.
- Allow participants to opt-out if they prefer not to be recorded.
Best practice when considering AI note-takers
If your school or MAT is considering using AI transcription tools, here are some best practices to follow:
- Conduct a Data Protection Impact Assessment (DPIA): Assess the risks and benefits.
- Obtain explicit consent: Inform all meeting participants before recording or transcribing.
- Check where data is stored: Ensure AI providers comply with UK GDPR data storage and transfer rules.
- Limit access and retention: Only store transcripts as long as necessary and prevent unauthorised access.
And finally, should we use AI note-takers?
AI note-taking tools can be a powerful productivity tool, but we must all balance convenience with legal and ethical responsibilities. Before implementing AI transcription, it is important to carefully assess compliance risks, ensure transparency, and take proactive measures to protect personal data.
By following best practices and ensuring compliance with UK GDPR, schools can make informed decisions about whether AI note-takers are suitable for their environment and if they are, in what circumstances.
Need help with Data Protection or data security?
If you have concerns about AI, GDPR compliance, or data security, contact us - we'd be happy to help.