[blindlaw] Ethics, Confidentiality, and Liability Considerations of Using Remote Visual Interpreters and In-person Readers

[Tai Tomasi]

Hello, all. I recently subscribed to Aira, a service whereby you can call an agent and receive visual information via a pair of glasses with a camera. I am working over the weekend when no one is in my office and none of my usual readers are available. I would like to access some visual information that is not readily accessible via optical character recognition. I thought about calling an Aira agent but am concerned about potential confidentiality and ethics issues. I certainly could have the agent sign a confidentiality agreement, but the problem is that I will likely get different agents each time I call. Also, such an agreement is no guarantee that the data would remain confidential, and I of course have no control of how data transmitted via the video feed is used or whether it is stored by Aira. Aira stresses that all calls are kept confidential. The documents I would be looking at are exhibits for hearings and would contain some confidential information about clients, including medical records.  Has anyone considered this issue? How is it similar to, or different from, working with a reader in person? What unique implications arise?

In more general terms, how do members of this list handle confidentiality of client information and readers? Do you ask all readers to sign confidentiality agreements? If this is not your policy, do your clients ever ask you to have your readers sign confidentiality agreements regarding their records when the reader is not a paralegal employed by your firm? Is there any legal precedent for the idea that a reader is acting as a visual interpreter and is thus reading on your behalf? What liability issues might this present in the event that a reader or remote agent misuses confidential information they accessed while serving as your reader? I would be interested in discussing this on or off list.


Ms. Tai Tomasi, J.D.
Pronouns: she/her/hers
Staff Attorney

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