Chats, Recordings, and AI Prompts Are Reshaping Records Retention

According to an article by Tom Mighell, Contoural’s Chief Operating Counsel, new communication tools are reshaping records retention into one of the most complex challenges legal teams face. What once was centered on paper and email has expanded into a sprawling ecosystem of chats, encrypted messages, video recordings, transcripts, and generative artificial intelligence (AI) prompts, blurring the line between casual conversation and official business records. 

Tools such as Slack and Teams now function as digital hallways, while platforms like WhatsApp, Signal, and Telegram increasingly handle business discussions. Organizations layer AI-generated transcripts and summaries on top of meeting recordings, exposing them to privacy risk and discovery challenges. Video and audio content have introduced yet another level of risk.

Generative AI has become an additional records category, with prompts and outputs embedded in strategic decisions, proprietary knowledge, and regulated information. These shifts have created significant blind spots. Critical decisions are often made in systems that lack centralized oversight or consistent retention controls. Courts and regulators are beginning to scrutinize how organizations handle such risks, forcing a reconsideration of traditional definitions of what constitutes a business record. 

Still, the guiding principle of records retention applies across all formats. If a communication documents a business activity and has legal or operational value, it must be treated as a record. Keep most information for the short term, retain working versions as needed, and move records to the right system for long-term management. Communicate policies clearly, automate as much as possible, and review regularly to keep up with new tools and practices.  

The path forward requires aligning policy with real-world employee behavior, automating records retention wherever possible, and educating users on the difference between transient communication and formal business records.