“Board Governance in the Age of AI: Navigating Risks of Note-Taking Tools” from Robins Kaplan outlines governance risks associated with the use of AI note-taking tools in the boardroom and suggests best practices for mitigating the risks, which include loss of confidentiality, privilege, and privacy; quashed candor and changed dialogue in the boardroom; regulatory and legal risks; and data ownership exposures.
Among the suggested best practices are evaluating the necessity and propriety of tools compared to conventional note-taking practices in view of the risks and potential implications; thorough diligencing of the security features of alternative tools; development and application of usage policies that address use, access, revisions, and destruction; engagement of legal counsel with appropriate expertise; training for directors and those supporting the board; and regular monitoring and review of AI note-taking tools for updates, changes, advancements in technology, etc., which may alter the risk/opportunity analysis.