Your AI chats could be used in court

You might tell an AI chatbot secrets that you wouldn’t divulge to your closest friends. If you do, though, beware: They could end up as evidence in court. An article in the Washington Post this week highlighted several cases in which people had discussed sensitive information with AI systems like Claude and ChatGPT, only to have their conversations obtained by prosecutors or opposing lawyers. Lawyers can get access to your chatbot conversations from AI services like ChatGPT because they aren’t privileged in the same way that, say, a conversation with your lawyer or a doctor would be. Reporters at the paper found chatbot logs cited in 12 court cases in the past two years. They also found statistics from OpenAI that supported a rising trend in data disclosures. The company, which operates ChatGPT, disclosed the content of more than 80 user accounts in the last six months of 2025. That was more than four times as many as in the second half of 2024. Cases are piling up With people asking AI for all kinds of advice, it’s little wonder that lawyers are coming after that data too. Sometimes, it emerges because users consent to a search. The Washington Post mentions one university student who asked ChatGPT in a panic whether people might work out that he had damaged 17 cars in a campus parking lot. He then handed his phone over to police for a search. A teen suing big tech companies over social media addiction saw his own ChatGPT history drawn into discovery. Deleting your chats isn’t watertight protection either. In The New York Times’ copyright lawsuit against OpenAI over collecting its content for training data, a judge ordered the AI company to preserve chat logs, including ones that users had asked it to erase. OpenAI complained that users were being “forced to forgo the privacy protections OpenAI has painstakingly put in place.” The company had to keep that data even though it had agreed to delete it under the EU’s General Data Protection Regulation (GDPR) and California’s privacy laws. Incidents like these involve responses to legal requests, but AI companies don’t always wait for a subpoena. OpenAI’s policy allows its reviewers to refer conversations to law enforcement whenever they identify “an imminent and credible risk of harm to others.” The Washington Post reported an incident in which OpenAI contacted police after a ChatGPT user in Palm Beach County, Florida, repeatedly described plans to harm an ex-girlfriend. Technology companies have been handing over all kinds of data beyond AI chats to law enforcement and litigants for years. Google, Meta, and Apple shared details of 3.16 million US user accounts between 2014 and 2024, with substantial increases in the number of records shared annually during that period. Every time a new technology emerges, litigants will go after it for data. In 2019, police issued a subpoena for audio recordings from an Amazon Echo owned by a Florida man charged with murdering his girlfriend. What to do We’d all like to think that true friends will carry our secrets to the grave. But AI is not your friend. Or your doctor, or your lawyer. Treat all chats as records that could potentially be disclosed in a legal case. They might feel like informal conversations, but you should assume that each one creates a written record, even if there’s a delete button. Be careful about what you share. If the topic is one you’d normally raise only with a doctor or a lawyer, then raise it with a doctor or a lawyer, not AI. Communications with lawyers may be protected by attorney-client privilege, while medical information is subject to confidentiality and privacy protections. Chatbot conversations aren’t. Finally, be cautious beyond AI. Everything from ill-advised social media posts to private messages might also find its way into police hands. In 2022, for example, Facebook handed over private messages between a mother and daughter to police investigating an illegal abortion case. So think twice before posting anything sensitive. From reporting threats to removing them. Cybersecurity risks should never spread beyond a headline. Keep threats off your devices by downloading Malwarebytes today . About the author Danny Bradbury has been a journalist specialising in technology since 1989 and a freelance writer since 1994. He covers a broad variety of technology issues for audiences ranging from consumers through to software developers and CIOs. He also ghostwrites articles for many C-suite business executives in the technology sector. He hails from the UK but now lives in Western Canada.