Do Fireflies need to be preserved?

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Womble Bond Dickinson

AI notetakers, like Fireflies, record meetings and business conversations. While they may improve business efficiency, they also present new and unique challenges for compliance and records retention officials. With the exception of certain highly regulated industries, such as securities brokers, there has not been a requirement or expectation that conversations be recorded or preserved. However, AI notetakers are turning those conversations into a “record” that must now be assessed under a company's document retention policy.

Two approaches are possible. First, a company can treat notetaker records as “ephemeral” data and routinely delete all notes after a fairly short period, such as 7 or 30 days. This is how instant messages like Slack and Jabber are handled by many firms. Since these communications are “conversation-like,” they need not be preserved. This approach reduced litigation risk and expense, because reviewing and producing millions of meeting minutes is expensive.

Furthermore, employees are often more thoughtful about what they put in writing, whereas meeting quips and remarks often don't play well in front of a jury years later.

The second approach treats the AI-notetaker product as “minutes” and preserved them for the same length as any other board or meeting minutes (often 3, 5 or even 10 years). While some business lines will appreciate the history, this approaches the company to litigation and privacy risks, since inappropriate remarks and personal details will be preserved for later inspection and production.

Whichever approach is adopted, AI notetakers need to be addressed by updating Records Retention Policies and Schedules.

Fireflies.ai helps millions of people unlock the knowledge buried inside conversations every day. Serving 20+ million people and 500,000+ organizations, Fireflies has processed over 2 billion meeting minutes (nearly 4,000 years' worth) with users at 75% of Fortune 500 companies.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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