AI for lawyers
AI confidentiality: the three-question test
Three questions to ask before pasting client information into an AI tool. A tool-by-tool guide to data training posture.
By Raghav R Handa, practising lawyer8 min read
The three-question test
- Does this tool train its models on my inputs or outputs?
- Does this tool retain my inputs after the session, and for how long?
- Has this tool's vendor signed a data processing agreement that survives in court?
If the answer to question one is yes, do not paste anything that a client would object to seeing in a future model output. If the answer to question two is unbounded retention, treat the tool as a public archive. If the answer to question three is no, the tool is a personal productivity tool, not a professional one.
Tool-by-tool, as of April 2026
OpenAI ChatGPT
- Free and Plus: trains on inputs by default. Toggle in settings to opt out.
- Team and Enterprise: does not train on inputs. DPA available.
- API: does not train on inputs. DPA available.
Anthropic Claude
- Free: may train on inputs.
- Pro and Team: does not train on inputs by default.
- API: does not train on inputs. DPA available.
Google Gemini
- Consumer Gemini: trains on inputs.
- Workspace Gemini: does not train on customer content. DPA available.
Notion AI
- Does not train on workspace content. Notion has a published DPA.
This list changes. Verify before relying on it. The /ai/ethics page has the duty framework that sits behind the test.
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