Use of AI Tools and Confidentiality

We are increasingly aware that individuals and organisations are using freely available artificial intelligence (AI) platforms (such as ChatGPT and similar tools) to draft documents, seek guidance on workplace issues, or explore internal matters prior to obtaining legal advice.

Clients should be aware that:

• Information entered into publicly available AI tools may be stored, reused, analysed or disclosed to external third parties
• Content submitted to such platforms is unlikely to be legally privileged and may not be treated as confidential
• Information provided to AI tools could later become disclosable, including in response to a data subject access request (DSAR), regulatory inquiry, or litigation disclosure exercise
• For employers and HR teams, this may include special category (sensitive) personal data, internal deliberations, or early assessments of employee issues that could be relied upon by a third party in future proceedings.

Entering private or confidential information into AI platforms may therefore create evidential records that can affect your legal position.

We strongly recommend that clients:

• Do not input confidential, personal, commercially sensitive or legally sensitive information into freely available AI tools
• Treat AI‑generated content as general information only, not as a substitute for legal advice
• Seek legal advice at an early stage where issues may give rise to employment claims, disputes, investigations, or regulatory exposure.

If you would like guidance on the appropriate use of AI tools within your organisation, or wish to discuss the risks associated with specific situations, please contact your usual adviser.