Without proper configuration, what is typed into certain general-purpose GenAI tools can be seen or used by others. This potential lack of privacy is derived in large part from the default settings of general-purpose AI tools such as ChatGPT, Claude, and Gemini. Those default settings allow for prompts and conversations to be stored and, in some instances, used by the tool’s provider for other purposes, such as model training.
Proper configuration settings reduce (but do not eliminate) the risk that a user's prompts and conversations will be seen by others or used by the provider for other purposes. The safest approach for non-public information is to use enterprise-grade legal AI tools (such as those provided by Westlaw or Lexis) or not to use GenAI at all. Non-public judiciary information such as draft opinions, sealed filings, confidential briefs, warrants, or personnel data should never be entered into public, general-purpose systems such as ChatGPT, Claude, or Gemini. Note, if you provide the system with feedback (such as selecting a response from a list), this feedback may override your privacy settings.
- Do not share account credentials.
- Each user should have their own login credentials.
- Regularly review Terms of Service for data handling policies that may have changed.
- Check privacy settings periodically. They may change with updates.
- Never use tools with unclear data practices or foreign ownership that may raise securityconcerns.
- When possible, use “temporary” chats (offered by ChatGPT and Gemini) or “incognito” chats (offered by Claude). Delete chats when you no longer need them.
FIRST, LOCATE PRIVACY SETTINGS:
In most GenAI systems, look for a profile icon, gear icon, or your name in the corner of the screen. Click it to open a menu where you will find "Settings" or "Preferences."
SECOND, ADJUST THE SETTINGS SPECIFIC TO YOUR CHOSEN SYSTEM AS DETAILED IN THE FOLLOWING CHECKLISTS.
The specific instructions in the checklist below are current as of March 2026 but may change as platforms update.
Downloads
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Checklist GenAI Privacy Settings.pdf
Type: PDF
Size: 0.2 MB