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New York opinion treats AI input as disclosure unless the provider is contractually barred from training

A New York State Bar Association committee addressed whether entering client information into a generative AI service is a disclosure under the confidentiality rule. The opinion says it is, unless the provider is contractually barred from training on the input and from human review. Standard consumer terms do not meet that bar. Firms are advised to obtain enterprise agreements before use.

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Ethics opinionN.Y.ABA Model Rules of Professional ConductProfessional responsibilityData protectionFor practitionersFor governance