“It’s OK, AI can do the minutes”

As more and more businesses start to introduce AI into their operations, there is an increasing temptation to use AI tools to take minutes during HR meetings with the promise of increased efficiency, accurate transcription and reduced administration time and cost.

AI powered minute takers are now integrated with popular video conferencing platforms, to automatically transcribe spoken words, summarise key discussion points, identify action points and create searchable transcripts.  However, whilst there is no doubt that using AI for this purpose will increase efficiency, there are number of risks which employers need to consider before using these digital tools.

Data Protection

The UK GDPR and the Data Protection Act 2018 enforce strict responsibilities on how organisations process personal data.  Employers must have a valid lawful basis for processing personal data and know where it is being stored.  When an AI tool records conversations, it also captures voices, names, opinions and potentially sensitive information e.g. political or religious beliefs.  As such obtaining explicit and informed consent from all participants before each meeting is often the safest for the employer.  It is also essential that privacy notices are updated.

Confidential Information

AI tools often store recordings and transcripts on cloud servers, potentially outside the UK and so employers must make sure international data transfers still comply with UK GDPR rules.  Usually matters discussed in HR meetings are strictly confidential, and there is some risk that employers won’t know where the data is being stored or who might have access to it.  AI providers security measures must be robust, as employers remain ultimately responsible for the data as you can’t blame the AI tool if there was a breach!

Inaccuracies and missing non verbal queues

Although AI is constantly improving, the risk of inaccuracies as things stand is still significant.  AI can misinterpret speech, accents or colloquialisms, and will obviously not factor in non verbal queues.  If you are using AI to minute meetings it is essential that they are checked thoroughly, corrected and signed by all parties attending the meeting, 

Risk of Discrimination

There is growing concern that AI has the potential to discriminate against individuals based on protected characteristics.  This can in turn lead to liability for employers, should the AI tool record something unfavourable in a meeting, either deliberately or unintentionally.  The original draft of minutes or recording (even if they’re agreed to be incorrect) would potentially still be disclosable in any subsequent Tribunal proceedings.  Again it won’t be the AI in the Tribunal and blaming AI won’t stand up as a defence.

Everything will be recorded 

Often in confidential meetings, discretion can be exercised so that comments are not included in the minutes subject to the agreement of the parties.  The use of AI (unless it is told not to) will limit this ability and mean everything is recorded.  For example, a without prejudice conversation could be unintentionally minuted.  The AI may also not recognise the tone with which comments are made - often comments written down on paper can be interpreted more severely than comments made verbally.  There is no scope for professional discretion to be exercised when using AI.

Summary

Overall, whilst AI is certainly here to stay and is a significant tool to aid business, the use of it in HR to take minutes at the moment does seem a risky strategy.  Unless and until you are satisfied that you have all of necessary safeguarding tools in place, we would strongly recommend that if you are to use it, that you still have a human minute taker attend all meetings, who can act as a contemporaneous witness and who can verify the AI minutes with their own account.