Using Open Source AI & Breach of Confidentiality

In UK vs Secretary of State for the Home Department ([2026] UKUT 00081 (IAC)), the UK Upper Tribunal Immigration and Asylum Chamber has held that whenever a legal practitioner uploads confidential client documents into open-source, non-specialist AI such as ChatGPT, the legal practitioner waives the privilege enjoyed by the client and breaches the confidentiality obligations owed to them. Once uploaded into open-source AI, such documents may enter the public domain, irrespective of their importance.

Here is a link to the case report: https://www.iclr.co.uk/document/2026001222/2026ukut81iac_TNA/html

No surprise here for us. Be careful!

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For on-line Data Protection Training courses: https://hunningsconsultancy.co.uk/hcl-launches-cpd-training-courses-data-protection-compliance/

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