How does Mixvoip interpret the current situation of using AI to summarize phone calls?

At Mixvoip, we strive to ensure compliance with data protection regulations while adopting innovative technologies like AI. Based on guidance from the Federal Commissioner for Data Protection and Freedom of Information in Germany (BfDI), the storage of AI-generated summaries of phone calls is not considered call recording and does not constitute the storage of spoken word. Therefore, consent may not be required under GDPR, provided no verbatim audio is stored or processed.

Relevant extracts from the BfDI Letter:

• Original (German):

„Möglicherweise ist eine automatisierte Transkription rechtlich nicht als Gesprächsaufzeichnung im eigentlichen Sinn zu werten, solange nur eine für technische Zwecke vorübergehende Aufzeichnung in der Form stattfindet...“

(Translation: Automated transcription may legally not be considered a recording of the conversation, as long as only a temporary recording exists for technical purposes.)

• Interpretation: The BfDI acknowledges that storing a summary created from an AI-generated transcription can be viewed differently from recording and storing the conversation itself.

As we are still storing data, which falls under GDPR, it is essential to justify our approach. Mixvoip's practices align with GDPR principles, specifically focusing on data minimization, legitimate interests, and contractual necessity:

1. Data minimization:

By storing only summaries instead of full transcriptions or audio recordings, Mixvoip actively reduces the volume of stored personal data. This approach ensures we process only what is necessary to achieve the intended purpose.

2. GDPR compliance – Do not contact list:

Summaries also enable us to maintain and manage a list of phone numbers that have opted out of being contacted by Mixvoip, fulfilling a key GDPR requirement to respect individuals’ preferences.

3. Legitimate interests and contractual necessity:

The storage of summaries is justified under legitimate interests (Article 6(1)(f) GDPR) and contractual necessity (Article 6(1)(b) GDPR):

1. Legitimate interests: Summaries allow us to improve customer service by providing concise information about prior interactions, ensuring continuity and efficient support. These interests are balanced with the rights and freedoms of individuals, as summaries are minimal and do not include verbatim conversations.
2. Contractual necessity: The summaries are crucial for fulfilling Mixvoip's obligations under service agreements, as they help us resolve disputes, track service history, and enhance communication with clients.

By adhering to these principles, Mixvoip ensures that data storage is compliant, purposeful, and respectful of user rights.

Commitment to transparency:

Even if consent is not strictly required, Mixvoip believes in maintaining transparency. We notify all stakeholders of our practices through multiple channels:

1. Terms and conditions: Details on the use of AI-generated summaries are outlined in our contract.
2. Ticket auto-replies: When a ticket is opened, our automated response includes information about call summaries.
3. Email signatures: All email correspondence mentions this practice in the signature.
4. Voice announcement: Incoming calls to our main office number include an announcement notifying callers of the summary process.

By leveraging AI responsibly, we aim to balance compliance, innovation, and user trust.