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

[Angie Matney]

I've been considering this issue as well. I believe my firm's position would be that we would need to understand how the data was transmitted (if encrytion is used, etc), and they would want a confidentiality agreement with AIRA, as well as assurances that AIRA had sufficient confidentiality agreements in place with its employees. I haven't explored this with them yet, but I might be tempted to do so. 

Angie

 

Sent from my iPhone

> On Oct 7, 2017, at 3:38 PM, sy.hoekstra--- via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> 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
> 
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