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Is My AI Note Taker Violating the Law? Oregon Employers Should Think Twice When Inviting AI to Listen in on Meetings

February 4, 2025

Matt Heldt - TonkonTorp LLP

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Oregon

The rise of Artificial Intelligence (AI) has spread to seemingly all facets of work and life. One prominent application that has gained popularity both among students and in the workplace is using an “AI Note Taker” to record a meeting (or class) and create summary notes or a transcription for the user. Some AI Note Takers can also send those notes to meeting participants or others.

While these systems are designed to ease the burden of individual employees trying to memorialize the conversations and events of workplace meetings, they may also create risk under Oregon’s conversational privacy statute, ORS 165.540(1)(c).

Background

Recently, the Ninth Circuit Court of Appeals upheld the constitutionality of Oregon’s conversational privacy statute as applied to in-person conversations. ORS 165.540(1)(c) prohibits obtaining all or part of a conversation without informing all participants that the conversation is being recorded. That prohibition applies to both in-person conversations and conversations on video conference platforms like FaceTime, Teams, or Zoom.

One exception to the consent requirement is at private meetings or conferences when everyone in attendance knows, or reasonably should know, that a recording is being made. This exception would apply to meetings in the workplace, but only when the recording device is unconcealed.

While Oregon courts have not yet addressed the application of ORS 165.540(1)(c) to AI tools, those that record conversations likely fall within the prohibition. Employers should assume as much until the Oregon Legislature, a state agency, or court says otherwise. Violation of ORS 165.540(1)(c) is a Class A misdemeanor.

What Employers Need to Know Now

While the prohibition applies, employers can avoid risk by informing meeting participants that their conversations are being recorded. In meetings where the presence of a recording device is obvious—like a physical tape recorder on the table or the “recording” indicator in a Zoom meeting—informing participants is not required (but is advised).

The important thing to consider with AI Note Takers is the extent they are “concealed” during meetings. If an AI Note Taker does not appear on the screen or otherwise become visible during a virtual meeting, the AI user should notify other meeting participants. Likewise, if the AI Note Taker is operating from a computer in an in-person meeting, but not clearly visible to other meeting participants, notice is required.

Takeaways

AI is a new and exciting tool, but not perfect. AI Note Takers could send notes or a transcript to someone who should not be aware of the meeting or its subject (like the person the meeting was about). Also, AI Note Takers may mishear or mistake what is said in a meeting and make an inaccurate record of what happened. While an inaccuracy could be harmless, it also could not, especially in an HR context.

Employers should consider implementing policies around the use of these technologies in the workplace to ensure employees are not unknowingly violating the law. Additionally, employers should strongly consider whether AI should be used in certain meetings at all, especially when it comes to HR matters or private employee information.

For further information about AI in the workplace or guidance on this issue, please contact a member of our Labor and Employment team.

This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.

About Tonkon Torp
Tonkon Torp LLP is a leading business and litigation law firm serving public companies, substantial private enterprises, entrepreneurial businesses, and individuals throughout the Northwest. Tonkon Torp is celebrating its 50th year in business! See our History Timeline for more information, or visit tonkon.com.