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

[sy.hoekstra at gmail.com]

I would also like to hear any answers to these questions and think it would
be a good conversation to have on-list to the extent possible.

-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Tai Tomasi
via BlindLaw
Sent: Saturday, October 7, 2017 1:36 PM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Tai Tomasi <ttomasi at driowa.org>
Subject: [blindlaw] Ethics, Confidentiality, and Liability Considerations of
Using Remote Visual Interpreters and In-person Readers

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

[Description: DR%20IA%20LawCenter]

400 East Court Ave., Ste. 300
Des Moines, Iowa 50309
Tel: 515-278-2502; Toll Free: 1-800-779-2502
FAX: 515-278-0539; Relay 711
E-mail: ttomasi at driowa.org<mailto:ttomasi at driowa.org>
www.driowa.org

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