HR must set boundaries as it embraces AI notetakers, experts caution

HR departments are rapidly adopting AI‑driven notetaking tools that record and transcribe meetings and candidate interviews, but experts warn that the technology brings significant legal and ethical risks. Practitioners such as SHRM CHRO Jim Link are now tasked with vetting these platforms before they are rolled out, and attorneys like Brian McGinnis of Barnes & Thornburg note that many tools do not alert participants that a recording is occurring or that the transcript may be stored for future use. This lack of notice can run afoul of all‑party‑consent statutes in states such as California, Florida and Illinois, especially when virtual calls include participants from multiple jurisdictions. The stakes are higher in recruiting contexts, where AI‑based recordings are deemed “more high risk than your typical Zoom meeting” because emerging state and local regulations are beginning to govern the use of AI in employment decisions.

Beyond consent, a patchwork of workplace monitoring statutes, social‑media privacy laws, and intrusion‑on‑seclusion torts may also apply, creating a “hodgepodge” of restrictions that often default to an opt‑out regime. Legal analysts such as Adam Solomon of Hunton Andrews Kurth stress that employers must provide clear advance notice about recording technologies, and that recordings can inadvertently capture protected or sensitive information, amplifying compliance exposure. Vendors typically claim to de‑identify, anonymize, and aggregate data to protect privacy, but each provider’s specific practices are outlined in service terms that require careful legal review.

In response, SHRM advises HR teams to adopt a transparent approach: disclose any AI tools in use, obtain explicit consent from all participants, and ensure that final hiring decisions remain human‑driven. Link recommends applying the most stringent jurisdictional standards across the organization as a pragmatic baseline, while continuously monitoring evolving laws. He also cautions that employers must be able to explain the source, protection, and eventual handling of candidate data; without that clarity, a tool should not be used in hiring. As AI becomes a larger priority within HR, the pressure to evaluate unsolicited vendor pitches—often promising better hiring outcomes—must be balanced against the need for thorough risk assessment and compliance safeguards.

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