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ARTICLE · 13 AUGUST 2026

Use AI And Lose Privilege?

Gilchrist Connell
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Generative AI can be a valuable tool in legal practice, but using public AI platforms with confidential or privileged information can create significant risks. We examine two recent overseas decisions and what they may mean for Australian businesses, insurers and lawyers when it comes to preserving legal professional privilege and maintaining confidentiality.

AustraliaTechnology
Alex Haslam
Alex Haslam
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Generative AI can be a valuable tool in legal practice, but using public AI platforms with confidential or privileged information can create significant risks. We examine two recent overseas decisions and what they may mean for Australian businesses, insurers and lawyers when it comes to preserving legal professional privilege and maintaining confidentiality.

Generative artificial intelligence is now part of ordinary business and legal practice. It can assist with summaries, drafts, chronology work and first-pass analysis. Its convenience, however, gives rise to a real privilege risk where confidential or legally privileged material is entered into a public AI tool.

We discuss two recent overseas decisions that provide useful reference points to illustrate how Australian Courts may apply conventional privilege principles to the use of public AI systems.

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