AI Notetakers: You “Otter” Be Careful

By Ben Opp, SPHR, HR Hotline & Content Advisor and Kelly Hayden, JD, Chief Legal Counsel
Published October 7, 2025

If you’ve joined a Zoom, Teams, or Google Meet video call recently, you may have noticed a non-human participant sitting silently in the virtual corner: an AI notetaker. At first glance, who wouldn’t want a robot that can summarize the discussion for folks who missed the meeting, generate a list of action items, and even tell you who spoke the most and the least during the call? The benefits are real, but so are the risks.

Consent and Compliance
When it comes to recording private communications, Illinois (along with at least 10 other states) is an “all-party” consent state. This means that in a setting where folks have a reasonable expectation that the conversation is private, all participants’ explicit consent is required to use a monitoring or recording tool. This requirement applies to AI notetaking applications, whether they are creating an audio recording of the meeting, or are just monitoring, transcribing, or analyzing it.

Further, Illinois has one of the strongest biometric privacy laws in the country. This law specifically covers “voiceprints” and facial scans, meaning that compliance with the law’s requirements could be required when AI notetakers are used.

Privacy and Data Storage
Do you know what your AI notetaker is doing with your data? If it’s listening to your meeting, it may have an audio recording, a transcription, a record of attendees, and more. If the app developer retains that data on their servers, it could be exposed in a data breach. The data could also be subject to subpoena/discovery requests in the event of litigation. The developer may also use the data as fodder for training and improving its AI model.

Just Ask Otter.ai!
The developers of this popular AI notetaking app are facing a class action lawsuit alleging violations of both California state and federal law. The suit takes umbrage with how the app monitors and records conversations without notice or consent, even when participants on the call are not Otter.ai subscribers and uses those recordings to train the AI model. Although the app itself is the subject of the lawsuit, your organization could face similar risks related to consent and privacy.

Tips for Safe Use

1. Vet AI notetaking tools before use. Carefully evaluate the tool’s terms of service for clarity about what data is retained or shared with its development team, for what purpose, and for how long.
   
2. Decide what’s OK. Perhaps AI notetakers are a safe and useful tool in settings where no private or proprietary information will be discussed, but too risky for use in confidential meetings.
   
3. Consider your archival practices. If you retain meeting recordings or transcripts, what will you do with that data? Your data may contain sensitive, proprietary, or confidential information that could damage your organization or trigger a major privacy concern for individuals if released inappropriately. Where will this data be stored? For how long? Who should have access, and for what purpose? 
   
4. Always get consent. Before you activate an AI notetaker in a meeting, explain exactly what the tool will do, and document that everyone on the call has given explicit consent for its use.
   
5. Use your voice. If someone else’s use of an AI notetaker makes you uncomfortable, don’t be afraid to speak up and say so. The use of such a tool should be terminated if you or anyone else does not consent.
   
6. Stay up to date. The law is still developing in this area – it’s imperative that employers understand the risks of using these tools and stay informed of legal developments.

HR Source members with questions should reach out to us through the HR Hotline Online or call 800-448-4584.