Tracker Status: Active/Monitoring
Publication Date: 26 February 2025
Last Verified: 13 April 2026
Latest Case: Us v Heppner
Latest Legal Article Chronologically: AI Privilege Considered in US v Heppner; New UKIPO Findings take UK Suspected or Confirmed Hallucinations to 43
Author and Contact: Matthew Lee (Barrister) click here for details.
Ad/Marketing Communication regarding the AI Privilege & Confidentiality Tracker | Global Case Law
This legal article/report forms part of my ongoing legal commentary on the use of artificial intelligence within the justice system. It supports my work in teaching, lecturing, and writing about AI and the law and is published to promote my practice. Not legal advice. Not Direct/Public Access. All instructions via clerks at Doughty Street Chambers. This legal article concerns the AI Privilege & Confidentiality Tracker.
The AI Privilege & Confidentiality Tracker
Below is the Case Law Database & Litigation Tracker, which is currently being updated and uploaded so please bear with me. Explanatory notes are below.
| No | Date | Case Name | Jurisdiction | Country | Status | Core AI Issue | Key Takeaway |
|---|---|---|---|---|---|---|---|
| 1 | United States v. Bradley Heppner | United States | United States |
What the AI Privilege & Confidentiality Tracker covers
The AI Privilege & Confidentiality follows cases and official guidance from around the world about how generative AI affects legal privilege and confidentiality. In particular, it tracks:
- whether using generative AI tools (for example ChatGPT, Claude, Gemini, Copilot, and AI notetakers) can affect legal privilege and or confidentiality
- whether prompts, outputs, chat histories, logs, and AI assisted drafts are being treated as material that could have to be disclosed in litigation
- how courts, regulators, and professional bodies deal with risks such as waiver, third party disclosure, data retention, and whether inputs can be used for model training
Contribute an update
If you have a court decision, court order, regulator guidance, or professional body material that is relevant to AI and privilege or confidentiality, please send it via the Contact page and include:
- the jurisdiction and date
- a link to the primary source
- a short summary (two to three sentences)
- the specific privilege or confidentiality issue