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

[luis Mendez]

The agreement would have to be entered into between the firm and AIRA,  effectively making AIRA of counsel to the firm for the purpose of providing reading services.  The agreement would have to explicitly supersede the terms of AIRA’s license with respect to ownership, retention of use of data.  Perhaps NFB can work with AIRA to craft a model agreement. 

Sent from my iPhone

> On Oct 7, 2017, at 5:04 PM, Angie Matney via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> 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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