How far you can rely on AI meeting notes (a guide for teams)

We are often asked whether consent has to be obtained from everyone present before recording and transcribing a meeting. Under Japanese law, the answer depends on the situation. This article separates what the law actually requires from practices that are not required but strongly advisable, and then gives wording you can use as-is, a draft internal policy, and a basis for deciding which meetings to avoid.

#The starting point: Japan has no general prohibition on recording

Many overseas help articles state flatly that consent must be obtained from everyone before recording. That reflects the all-party consent regime adopted in some US states and does not describe Japanese law. Japan has neither a law generally prohibiting a party to a conversation from recording a conversation they are in, nor a law generally requiring consent from everyone present before recording.

The “Wiretapping Act” often cited in this context governs compulsory measures by investigative authorities.

As for the Telecommunications Business Act, which protects the secrecy of communications, what it protects is “communications being handled by a telecommunications carrier”.

#Being lawful and avoiding trouble are different things

Even where recording does not fall foul of a criminal prohibition, civil liability can still arise depending on how and why it is done. The trend in the case law is that audio recorded by one party to a conversation without telling the other is, as a rule, admissible in civil proceedings. That is a ruling that it can be used as evidence, not a guarantee that the recording was lawful in all respects. Disseminating recorded audio beyond its purpose, for example, is territory where a tort claim for invasion of privacy can succeed.

The level of risk in different situations can be set out as follows.

Do not use Pulse to record conversations you are not part of.

#What the law actually requires

What requires “consent” is not recording as such, but particular aspects of how the personal information acquired is handled. The “legal obligation” rows in the table below are the parts where failure can lead to sanctions or civil liability.

#Specifying the purpose of use and notifying or publishing it

Meeting audio, transcript text, AI-enhanced notes and speaker names can readily be cross-referenced with attendees' names and calendar invitations, so they normally constitute personal information. A company that records has to decide what it acquires this personal information for and how it will be used, and put that where the individual can find it.

The purpose of use must be specified “as far as possible” (Article 17(1)). Wording such as “for our business activities” is not considered specific enough, so write it at a level the individual can predict — “producing minutes of meetings”, “sharing the content with employees who could not attend”.

#Do not record without telling participants

#Where sensitive personal information may be discussed

The person whose consent is needed here is the individual speaking. A workspace administrator or the meeting's host cannot consent on their behalf. Note that a statement amounting only to inference — “A seems unwell” — is not treated as sensitive personal information, but if a specific condition is recorded, as in “A is on leave with X”, that part is treated as medical history.

For personal data containing sensitive personal information, a leak is reportable to the Personal Information Protection Commission even if it affects a single individual. That is the point on which the design of a meeting-recording process usually turns.

#Passing data to third parties

On business plans, UNCHAIN, Inc. provides Pulse as a party to whom the customer (the contracting company) has delegated the handling of personal data, and that relationship is not provision to a third party. Sending a note to an external service through an integration (a chat tool or CRM, say) is different: the destination is not UNCHAIN, Inc.'s processor but a separate provider, so it can constitute provision to a third party. Before enabling an integration, check it against your company's personal data handling rules and the purposes of use you have specified.

#Recording meetings involving employees on an ongoing basis

The Personal Information Protection Commission's guideline Q&A sets out four points to bear in mind when monitoring employees who handle personal data.

1. specify the purpose of the monitoring in advance, set it down in internal rules, and make it clear to employees
2. designate who is responsible for carrying out the monitoring and what authority they have
3. establish the rules for how it is done in advance, and make sure those operating it understand them
4. check that it is being carried out properly, in accordance with those rules

Notifying and consulting a labour union, and informing employees, are also regarded as desirable. Where rules on recording and transcribing meetings apply across the company, they may need to go into the work rules.

Prohibiting covert recording in the workplace through the work rules is generally considered possible in itself. There is, however, a strong body of opinion questioning the validity of a blanket prohibition extending to recording done by a victim of harassment to preserve evidence, and treating it as a disciplinary matter. If you include a blanket prohibition, check how exceptions should be handled with your legal department.

#Wording you can use as-is

Adapt the wording below as needed, replacing the company name, storage location and who can see it.

#Spoken announcement at the start (internal meetings, standard)

Today's meeting is being recorded with Pulse to produce the minutes, and will be transcribed and summarised automatically. The record will be stored in 〔location〕 and can be seen by 〔attendees / project members〕. If that is a problem for anyone, please say so now.

#Spoken announcement at the start (meetings with external attendees)

One thing before we begin. We will be recording today's discussion so that we have an accurate record, and it will be transcribed and summarised automatically. We use the record solely to confirm internally what was discussed, and we are happy to share the minutes if you would like them. If you would prefer we did not record, please just say so and we will stop.

#Spoken announcement at the start (short version for regular meetings)

This meeting is being recorded and transcribed with Pulse. Let me know if that is a problem.

#For posting in meeting chat (one line)

This meeting is being recorded and transcribed to produce the minutes. Please let us know if that is a problem.

This line can be posted to the meeting chat automatically by enabling the transparency features. Used together with the watermark overlaid on your camera feed, it also reaches people who join partway through.

#A line to add to the meeting invitation

[Please note] This meeting is expected to be recorded and transcribed by AI in order to produce the minutes. The record will be used only to confirm what was discussed, and we are happy to share it on request. If you would prefer we did not record, please tell us on the day or reply in advance.

For recurring meeting invitations, putting this line in the body template removes the burden of announcing it out loud every time. For meetings with external attendees, telling them at the invitation stage rather than on the day makes it easier for them to decide.

#Wording for a first sales meeting

Thank you for making the time today. One thing I should mention: we use an AI recording and automatic summary tool so that we can pass on what was discussed accurately within our company. We use the record only to confirm internally what was discussed and to prepare our proposal, and we do not provide it to anyone outside. It is retained for 〔　〕 months, after which it is deleted automatically. If you would prefer we did not record, we will stop now — please just say.

#Draft internal policy

A template for setting this down as an internal policy. Adapt it in the light of your own work rules and labour procedures.

Article 1 (Purpose) The purpose of this policy is to set out how the meeting recording and automatic transcription tool (the “Tool”) is to be used at this company, so as to reconcile efficiency in our work with the proper protection of meeting participants' privacy and personal information.

Article 2 (Purposes of use) The Tool is used for the following purposes. It must not be used for any other purpose. (1) producing and sharing the minutes of meetings (2) sharing the content with employees unable to attend (3) recording how business decisions were arrived at

Article 3 (Prior announcement) 1. Before starting to record, an employee using the Tool (a “User”) must inform all participants in the meeting that recording and transcription will take place, the purpose, where the record will be stored, and who will be able to see it. 2. For meetings with external attendees, notice that recording will take place shall so far as possible also be given when the meeting is convened. 3. Where a participant objects to recording, the User shall stop recording, or delete that part from the record.

Article 4 (Prohibited acts) A User must not: (1) record a conversation they are not taking part in (2) begin recording without giving the announcement, or continue recording contrary to it (3) disable the Tool's recording indicator or any other transparency feature (4) use a record for any purpose other than those in Article 2, or provide it to anyone outside those entitled to see it (5) use the Tool for the purpose of personnel evaluation, attendance management or any other monitoring of an individual employee

Article 5 (Handling of sensitive personal information) The Tool shall as a rule not be used in meetings where health, medical history, creed or other sensitive personal information is expected to be discussed (occupational health consultations, HR interviews and the like). Where its use is unavoidable, the individual's prior consent must be obtained.

Article 6 (Retention period and deletion) Records shall be retained for 〔　〕 months from the date of creation and deleted promptly thereafter. Where a participant asks for deletion, the responsible manager shall decide whether to delete, having confirmed whether the record is needed for business purposes.

Article 7 (Responsible manager) The manager responsible for use of the Tool shall be 〔department / position〕, who shall issue and suspend accounts, set viewing permissions, and check compliance with this policy.

Article 8 (Treatment as monitoring) The company does not use the Tool as a means of monitoring individual employees. Where use of the Tool is reviewed, this shall be carried out under the responsibility of the responsible manager, having first made the purpose and method clear to employees.

#Which meetings to use it for, and which to avoid

The law draws no uniform line, but meetings where a record is likely to cause harm share common features. Use the table below as a starting point for drawing your own line when rolling this out.

Where the conversation turns to something sensitive partway through a meeting, pause transcription and resume once the topic has moved on. Anything already recorded can be deleted block by block from the transcript panel. How to do that is explained in How transcription works.

#When a participant says no

If someone asks you not to record, stop there and then. Being able to stop when an objection is raised is what keeps the announcement from being a formality.

Options after stopping include:

1. not transcribing that meeting and recording it with typed notes instead
2. pausing only for the sensitive part of the agenda and recording the rest
3. writing up the key points afterwards as you understood them, and asking the other party to confirm them

If you are asked to delete something already recorded, you can delete the transcript block concerned or the whole note. How to delete is covered in Deleting notes.

#Steps for writing internal rules

Deciding the rules at rollout saves each user making the judgement every time. In practice this order works well.

1. 1

   Write out the purposes of use

   List the purposes you will actually use it for — producing minutes, sharing with those who could not attend, recording how decisions were made. This is what corresponds to specifying the purpose of use under the Act on the Protection of Personal Information and to what goes in your privacy policy.

2. 2

   Decide which meetings it is not used for

   Start from the table under “Which meetings to use it for, and which to avoid” and add to or cut from it to suit your own circumstances. Turn what you decide into the articles of an internal policy.

3. 3

   Decide how the announcement is made

   Decide which of a spoken announcement, an automatic post to meeting chat, and standard wording in the invitation are mandatory.

4. 4

   Decide the retention period

   Decide how long before transcripts are deleted automatically and set it under Automatic transcript deletion. No automatic deletion happens by default, so once you have decided a period, make sure you enable the setting.

5. 5

   Decide the default sharing scope

   New notes start out private. An administrator sets whether share links outside the organisation are permitted, under Sharing controls.

6. 6

   Inform employees

   Where this involves amending the work rules, carry out the opinion-hearing procedure under Article 90 of the Labour Standards Act.

7. 7

   Check how it is being used

   This corresponds to the fourth point in the guideline Q&A on monitoring. The responsible manager periodically checks that it is being used in accordance with the rules.

For the administrator-side settings, see also Rolling the transparency features out across an organisation.

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