Source: Community Care

AI transcription tools used in social care assessments carry significant legal risks, especially where outputs might lead to decisions producing legal effects concerning an individual. These tools differ from Dictaphones, with issues such as inaccurate speaker attribution, greater transcription errors, and some tools generating inferences rather than verbatim text. The Ada Lovelace Institute's "Scribe and Prejudice" report found no established understanding of how social workers should oversee these AI tools. Barristers from 39 Essex Chambers have warned that reliance on AI beyond mere transcription—particularly in assessments under the Mental Capacity Act 2005 and forms such as COP3—poses serious legal risks until courts clarify their acceptability.

Social care assessments involve processing special category data under the UK GDPR and Data Protection Act 2018, requiring enhanced protection and a lawful basis for processing, often explicit consent. The Information Commissioner's Office explains explicit consent must be a clear and specific affirmation relating to the use of such data and any automated decision-making. Article 22(1) of UK GDPR also grants data subjects the right not to be subject to decisions based solely on automated processing, highlighting that even with human input of data, fully automated decision-making can raise legal concerns. Legal professionals emphasize the need for transparency about AI use and full consideration of these regulations in social care practice.