The proliferation of AI recording, transcription, and summarization features within video conferencing platforms (“AI meeting tools”) has led many not-for-profit organizations to consider adopting AI meeting tools to assist with the drafting of board and committee meeting minutes. While AI meeting tools offer several practical benefits to not-for-profit organizations, many of which have board members that serve in a volunteer capacity, evaluating the potential risks associated with the use of these features is crucial from a risk oversight, governance, and controls perspective.

Key Considerations. Below we outline certain important considerations that should be top of mind for not-for-profit organizations that are considering the use of these types of AI applications in board and committee meetings.

• Confidentiality and Cybersecurity. Not-for-profits using AI meeting tools should confirm with the AI provider that: (i) the organization’s data will remain confidential and will not be used to train any AI model; (ii) humans at the AI provider will not have access to the organization’s data; (iii) the AI provider will not share the organization’s data with any other third parties absent specifically agreed extraordinary circumstances; and (iv) the AI provider has an effective cybersecurity program reasonably designed to protect the organization’s data.

• Notice and Consents. Some jurisdictions, including certain U.S. states, require the consent of all parties to lawfully record meetings. Regardless of the jurisdiction, meeting participants should receive a notification that a transcription or summary is being generated and be afforded the opportunity to raise concerns. Certain AI meeting tools can create summaries without generating any recording.

• Accuracy. AI-generated meeting transcripts and summaries may contain inaccuracies and should not be considered final. Such materials should be reviewed and revised by a designated individual who was present at the meeting, such as the secretary or their delegate, prior to circulation and entry into the organization’s official records. The designated individual should adopt the materials as accurate, complete, and fit for purpose.

• Privileged and Confidential Information. Use of AI meeting tools may not be appropriate if a meeting involves privileged or highly confidential information, such as discussions about ongoing litigation, strategic initiatives, or sensitive regulatory compliance matters. To reduce the risk of a privilege waiver or loss of confidentiality, access to and dissemination of AI-generated materials that may contain privileged or highly confidential information should be limited to the meeting participants and others within the scope of the privilege or confidence.

• Circulation and Retention. Not-for-profit organizations should take care to understand where the AI-generated materials for board and committee meetings are stored and how they are circulated, as well as any automatic deletion schedule and preservation obligations. Consideration should be given to the risk/reward balance of creating, retaining, and distributing large volumes of AI-generated recordings, transcripts, and summaries of board and committee meetings.

• Litigation Holds. Not-for-profit organizations should consider whether AI-generated materials may contain information that is subject to any litigation holds, and if so, how that information is preserved and reviewed for discovery.

• Information Barriers. To the extent that not-for-profit organizations have controls in their information systems to restrict access to, and prevent the impermissible disclosure of, sensitive information, they should confirm that AI meeting tools respect those controls. Such organizations should ensure that the use of AI meeting tools is consistent with existing information walls and permissions.

• Mission and Public Trust. Not-for-profit organizations should develop clear policies on the use of AI and carefully consider how such use aligns with their mission, values, and fiduciary responsibilities. Regular reviews of AI use, especially as technology evolves, can help ensure alignment with the organization’s mission.

This publication is for general information purposes only. It is not intended to provide, nor is it to be used as, a substitute for legal advice. In some jurisdictions it may be considered attorney advertising.