Guidelines for Uses of AI Assistants

Scope: These guidelines apply to Capturing Administrative Meeting content by automated or technical means including recording, using AI assistants ( e.g., Zoom AI Companion, Otter.ai), or enabling transcriptions. They do not apply to: a) classroom, educational, or testing settings or public presentations and town halls, or b) UC San Diego Health.  

1. General Guidelines for Capturing Administrative Meetings:
   1. Nature and Purpose of Meeting; Allowable and Prohibited Uses
      1. Users are advised to consider the nature of their Meetings and intended contents of discussion before Capturing them, including through services such as Otter.ai or Zoom AI Companion. For example, AI Assistants may not be appropriate in Meetings where individuals may share personal stories or open deliberations are anticipated.
      2. Capturing of Administrative Meetings using approved tools is allowed:
         1. Where required by law, such as for relevant, documented accommodations authorized by Disability Counseling and Consulting (DCC) or the Office for Students with Disabilities (OSD) where other non-AI accommodations do not suffice,  
         2. For employee training and professional development programs where a recording, summary, or transcript will be made available to attendees for their own learning, and 
         3. Where, after being given a Meaningful Opportunity to Object, all participants have affirmatively and freely consented (see Section III.A below).  
      3. Prohibitions:
         1. Capturing of Administrative Meetings is prohibited for Meetings where P-4 data ( e.g., health information, financial or loan information, undocumented student data), or certain sensitive P-3 data (attorney-client privileged dialogue; animal research protocols; conduct and performance deliberations; and gender-affirming care and reproductive services, including policies and procedures) are discussed. Users are advised to use extreme caution when Capturing Meetings where other P-3 personal or confidential information ( e.g., research planning, IRB deliberations, Human Resource decisions (hiring, firing, succession planning)) is discussed. 
         2. Use of AI assistant features is prohibited for Meetings where identifiable human subjects research is discussed, except where the use of AI is part of the research project or there are approvals from the Campus Privacy Office and the IRB. Use of AI assistant systems must be disclosed in the IRB protocol. 
      4. Per BFB-IS-3, Unit Heads have the right to restrict Unit Workforce Members from using AI features, and likewise may limit use to only discussions involving P1 and P2 data. 
      5. Where Capturing is Prohibited (I.A.3) or restricted (I.A.4), the Meeting host does not intend to Capture the Meeting, or an attendee objects to Capture, alternative disability accommodations may be required. Users and Meeting hosts are encouraged to work with the appropriate office identified in PPM 200-9 Supplement I to determine a suitable course of action. 
      6. Individuals attending a Meeting hosted by an organization other than UC San Diego should be advised that the policies of the other organization govern the Meeting, including notification and ability to object. If P-4 or P-3 data will be discussed, then the UC San Diego employee has an obligation to ensure that Capture is not occurring or that UC P-4 or P-3 data are not discussed.  
   2. Authorized Users
      1. Disability Accommodations: Except where Capturing is Prohibited (I.A.3) or restricted (I.A.4), the Meeting host does not allow Meeting Capture, or an attendee objects to Capture, individuals with a relevant, authorized disability accommodation may Capture Meetings using approved tools (see Section IV below) in accordance with their accommodation. However, they are not authorized to distribute the output or use the output for any other purpose than their own personal accommodation needs or as required by the California Public Records Act. Users with disability accommodations are responsible for immediately deleting the Captured Meeting output when no longer needed for the accommodation. 
      2. Meetings Hosts: Other than those with authorized disability accommodations, only the meeting host/co-host is authorized to Capture Meetings. No other attendees are authorized to Capture Meetings. If disseminating outputs, the (co)host must review outputs for accuracy in a timely manner before disseminating to others. These records may be subject to legal preservation requirements.  
      3. All Users must adhere to all laws and regulations, UC policies, UC Principles of Community, security standards, and the vendor terms of use when using AI assistants or Capturing Meetings. It is every User’s obligation to understand and abide by these requirements and university guidelines. 
      4. Individuals may not “send” an AI assistant to “attend” a Meeting on their behalf when the individual is not also present. No one may require individuals to “send” an AI assistant to “attend” on the absent individual’s behalf.  
      5. Removal of AI Assistants: Provided they furnish alternative disability accommodations, where needed, hosts must remove AI assistants or stop Capture in Meetings:
         1. Where Capturing is Prohibited (I.A.3) or restricted (I.A.4), 
         2. An attendee objects to Capture; or 
         3. An AI Assistant is present without its User. 

2. Privacy and Data Security Considerations:
   1. Captured Meetings, including those for disability accommodations, are university records and may therefore be subject to requests under the California Public Records Act (CPRA) and other legal requirements.  
   2. Captured Meetings, including those for disability accommodations, must be maintained at the appropriate security level, as determined in accordance with BFB-IS-3, for the sensitivity of the data. 
   3. Access to Captured Meeting outputs should be limited to those who have a need and right to know the information, except where subject to the CPRA. 
   4. Output of Captured Meetings ( e.g., videos, summaries) may not be saved on personal devices ( i.e., non-university-issued) or in personal accounts and must only be stored on university-approved services. 
   5. Captured Meetings must be maintained in accordance with the UC Records Retention Schedule and deleted when no longer needed. 
   6. Where a Meeting will be Captured, individuals must be provided the options to mute audio and turn off video. 
   7. P-4 data and sensitive P-3 data (as specified above) may not be discussed while AI features are enabled or the Meeting, including one hosted by another organization, is being Captured. If P-4 or P-3 data will be discussed, then the UC San Diego employee has an obligation to ensure that Capture is not occurring or that UC P-4 or P-3 data are not discussed. 
      
      
3. Notification and Consent Requirements:
   1. Meeting host must:
      1. Provide advance notice to all participants that the Administrative Meeting will be Captured and include the notice at the top of the calendar invitation, if any;  
      2. Provide a Meaningful Opportunity to Object before the Meeting is Captured; and 
      3. Remind attendees that the Meeting will be Captured at the beginning of the Meeting. 
   2. If a Meeting participant objects to Capturing by the host, the Meeting may not be Captured, and the Host must disable AI features if a Meeting Participant requests that features be turned off while presenting or asking questions. Hosts may need to provide alternative accommodations ( e.g., providing a summary with action items, having a note-taker), where necessary. Users and Meeting hosts are encouraged to work with the appropriate office identified in PPM 200-9 Supplement I to determine a suitable course of action. 
   3. A User’s refusal to participate in a meeting with AI features enabled should not be the subject of an adverse employment action.  

4. Approved Tools:

Scope:  These guidelines apply to Capturing of Class or Educational Meeting content of a pedagogical nature by automated or technical means including recording, using AI assistants (e.g., Zoom AI Companion, Otter.ai), or enabling transcriptions. They do not apply to a) Administrative Meetings or b) UC San Diego Health. 

1. General Guidelines for Capturing Classes and Educational Meetings
   1. Nature and Purpose of Educational Meeting; Allowable and Prohibited Uses
      1. Instructors are advised to consider the nature of their Classes and Educational Meetings before Capturing them, including through services such as Otter.ai or Zoom AI Companion. For example, in Classes where students may share personal experiences or patients, minors, or incarcerated individuals are guests/case studies, AI Assistants may not be appropriate. 
      2. Capturing of Classes using approved tools is allowed:
         1. Where required by law, such as for documented accommodations authorized by Disability Counseling and Consulting (DCC) or the Office for Students with Disabilities (OSD) where other non-AI accommodations do not suffice, and 
         2. By instructors where students and attendees have been notified prior to the Class. See Notification section below. 
      3. Capturing is prohibited for:
         1. Classes and Educational Meetings where P-4 data (e.g., health information, identifiable human subjects research information, financial or loan information, undocumented student data) are discussed, 
         2. Classes and Educational Meetings where certain sensitive P-3 data (attorney-client privileged dialogue; animal research protocols; conduct and performance deliberations; and gender-affirming care and reproductive services, including policies and procedures) are discussed, or 
         3. Academic research purposes without approvals from the Campus Privacy Office, and the IRB and data steward, where necessary. 
      4. Instructors should not Capture Meetings (e.g., office hours) where student concerns, behaviors, integrity issues, and other sensitive topics are intended to be discussed. These create unnecessary records and obligations related to them, take up storage space, expose individuals to significant privacy and security concerns, chill open communications, and may be subject to public records requests. 
      5. Individuals are advised to use extreme caution when Capturing Educational Meetings where other P-3 personal or confidential information (e.g., research planning, assessments) is discussed.  
      6. Per BFS-IS-3, Unit Heads have the right to restrict Unit Workforce Members from using AI features, and likewise may limit use to only discussions involving P1 and P2 data.
   2. Authorized Users
      1. Disability Accommodations: Except where Capturing is Prohibited (I.A.3) or restricted (I.A.6), or where the instructor does not allow Capture, Students with a relevant, authorized disability accommodation may Capture Educational Meetings and Classes using approved tools in accordance with their accommodation. However, they are not authorized to distribute the output or use the output for any other purpose than their own personal accommodation needs or as required by the California Public Records Act. Users with disability accommodations are responsible for immediately deleting the Captured Class or Educational Meeting output when no longer needed for the accommodation. 
      2. Instructors: Other than those with authorized disability accommodations, only the instructor/host is authorized to Capture Classes/Educational Meetings. Instructors may choose to allow all students to Capture Classes (see Section B.4 below).  
      3. All Users must adhere to all laws and regulations, UC policies, UC Principles of Community, security standards, and the vendor terms of use when using AI assistants or Capturing Meetings. It is every User’s obligation to understand and abide by these requirements and university guidelines.  
      4. Instructors may choose to allow students to “send” an AI assistant to “attend” a Meeting or Class on their behalf when the student is not present, provided the use complies with these guidelines. However, no one may require students to “send” an AI assistant to “attend” on the absent individual’s behalf. Hosts may remove AI assistants that are in Classes without their Users. 
         
         
2. Privacy and Data Security Considerations:
   1. Captured Educational Meetings and Classes are university records and may be subject to requests under the California Public Records Act (CPRA) and other laws.  
   2. Captured Educational Meetings, including those for disability accommodations, must be maintained at the appropriate security level, as determined in accordance with BFS-IS-3, for the sensitivity of the data. 
   3. Output of Captured Meetings (e.g., videos, summaries) may only be stored on university-approved services (e.g., in the UC San Diego Kaltura, Canvas, or UC Google Drive services, not in one's non-university accounts). See available storage solutions for students and for instructors. 
   4. The retention period for Captured Educational Meetings and Classes is one year from the date of Capture unless it is necessary to maintain the information longer. The User is responsible for deleting the Captured Educational Meeting/Class at the end of the retention period. 
   5. Where an Educational Meeting/Class will be Captured, individuals must be provided the options to mute audio and turn off video. 
   6. P-4 data and sensitive P-3 data (as specified above) may not be discussed, and students should be advised not to discuss sensitive information about themselves, while AI features are enabled or the Educational Meeting/Class is being Captured. 
      
      
3. Notification and Consent Requirements
   1. Instructors must provide advance notice, where possible, to all participants that the Class or Educational Meeting will be Captured. Best practice for notice is to provide at least 2 of the following, along with an opportunity to voice concerns:
      1. Inclusion of the information in the course syllabus; 
      2. Reminder provided before the Educational Meeting/Class with an opportunity to object; and 
      3. Reminder at the beginning of the Educational Meeting/Class that it will be Captured 
   2. Where there is an unauthorized or unknown AI Assistant present in the Educational Meeting/Class, the instructor may remove it. 
   3. Except where there is an authorized disability accommodation or the course involves AI assistant features as subject material, the Host must disable AI features if a participant requests that features be turned off while presenting or asking questions. Instructors may need to provide alternative accommodations (e.g., providing a summary with action items, having a note-taker), where necessary. Users and Meeting hosts are encouraged to work with the appropriate office identified in PPM 200-9 Supplement I to determine a suitable course of action. 
   4. A student’s refusal to participate in a Meeting with AI features enabled should not be the subject of an adverse action (for example, courses enabling AI cannot require student participation as part of a lesson or course grade). 
      
      
4. Approved Tools: