Posted Monday 24th August 2026
Businesses are increasingly using AI tools such as ChatGPT, Microsoft Copilot and other large language models (LLMs) to analyse documents, summarise information and support decision-making. However, when disputes arise, uploading confidential information into AI platforms can create an often-overlooked legal risk: the potential loss of litigation privilege.
Recent case law has focused directly on the consequences of uploading confidential documents into publicly available AI tools. In UK and R (on the application of Munir) v Secretary of State for the Home Department [2026] UKUT 81 (IAC) [1], the Upper Tribunal raised concerns that uploading confidential information into public AI platforms may compromise confidentiality and could result in legal privilege being lost. The Tribunal observed that information entered into public AI systems may no longer remain within a controlled and confidential environment.
Litigation privilege is one of the most valuable protections available to a party facing a dispute. As an overview, it protects confidential communications and documents created for the dominant purpose of actual or anticipated litigation. This allows parties to prepare their case openly with lawyers, experts and advisers without fear that those discussions will later need to be disclosed to an opponent.
A key principle of legal privilege is confidentiality. If confidential information is shared more widely than intended, the protection can be lost. Once privilege is lost, sensitive communications, internal investigations, legal advice or litigation strategy documents may become disclosable to an opponent, potentially impacting the outcome of a dispute.
That creates obvious risks where individuals use AI tools to summarise witness evidence, analyse investigation findings, review legal advice or explore litigation strategy. When confidential information is uploaded to publicly available AI tools, the privileged status of these documents could be lost. Further, the AI prompt itself and any data generated by the AI system could be disclosable to the other side.
Importantly, the level of risk will depend on the particular AI platform being used and the contractual, technical and security safeguards that surround it. Businesses should not assume that all AI tools operate in the same way.
Three key takeaways:
Privilege can be one of the most valuable protections available to a business involved in litigation. Once confidentiality is lost, privilege may be difficult, and in some cases impossible, to recover. Before uploading documents relating to a dispute, investigation or potential claim into an AI platform, organisations should consider whether the material may be privileged and whether appropriate confidentiality safeguards are in place.
Joelson’s Commercial Disputes team advises businesses on disputes, investigations, confidentiality and legal professional privilege. We help clients identify and manage legal risks arising from the use of emerging technologies, including AI tools.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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