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

Mon Oct 9 00:45:22 UTC 2017

Hello,
Please see the below email on the email string

Denise R. Avant
President
National Federation of the Blind of Illinois
Live the life you want
Sent from my iPhone

Begin forwarded message:

> From: "Michael Hingson" <mike at michaelhingson.com>
> Date: October 8, 2017 at 3:33:01 PM CDT
> To: "'denise Avant'" <davant1958 at gmail.com>
> Subject: RE: [blindlaw] Ethics, Confidentiality, and Liability Considerations of Using Remote Visual Interpreters and In-person Readers
> 
> Denise,
> 
> Actually there are answers. I am working to get a document I can transmit to
> you that discusses these questions.
> 
> Meantime, all agents sign strict confidentiality agreements. Also, data is
> highly encrypted. 
> 
> 
> Best Regards,
> 
> 
> Michael Hingson
> 
> -----Original Message-----
> From: denise Avant [mailto:davant1958 at gmail.com] 
> Sent: Sunday, October 08, 2017 2:11 AM
> To: 'Michael Hingson' <mike at michaelhingson.com>
> Subject: FW: [blindlaw] Ethics, Confidentiality, and Liability
> Considerations of Using Remote Visual Interpreters and In-person Readers
> 
> Mike,
> Perhaps you will want to review the below e-mail string from the lawyers
> group. Maybe you can weigh in or talk to the people at AIRA about this.
> 
> 
> 
> 
> Denise R. Avant, President
> National Federation of the Blind of Illinois Live the life you want.
> For more information about NFBI,
> Go to www.nfbofillinois.org.
> 
> -----Original Message-----
> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Angie
> Matney via BlindLaw
> Sent: Saturday, October 7, 2017 4:05 PM
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Cc: Angie Matney <angie.matney at gmail.com>
> Subject: Re: [blindlaw] Ethics, Confidentiality, and Liability
> Considerations of Using Remote Visual Interpreters and In-person Readers
> 
> 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
>> 
>> [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
>> 
>> Our Mission:  To defend and promote the human and legal rights of 
>> Iowans with disabilities
>> 
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>> 
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>> 
>> 
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