This article originally appeared as a Gavel to Gavel guest column in the Journal Record on September 2, 2026.
By Phillips Murrrah attorney Justin P. Grose
Justin P. Grose
The Internet is forever. Many individuals believe that using the Internet and any number of websites, browsers, or apps allows them to remain anonymous. Not so. This includes the use of private browsers and chatbots within the various AI platforms now available. Employers use them to make important business decisions. They also use them to make employment decisions. Parents use them to assist them with decisions about their children. Spouses may seek information from them sought nowhere else, including from their physicians or mental-health providers.
The information fed into them is not private. By default, most AI chatbots use the information to continue training their models. It’s a large part of how they learn. But most users either do not know how or do not take the time to explore the internal settings that may allow them to turn off this default feature. This information can be subpoenaed by law enforcement agencies and used against individuals based on the third-party doctrine, a longstanding exception to the Fourth Amendment where information shared with third parties is not entitled to a reasonable expectation of privacy. In the civil context, this information does not hold any attorney-client privilege or work-product privilege. It can be discovered in a lawsuit.
The discoverability of these chats can record and expose the internal thoughts of an individual—thoughts that otherwise exist nowhere. They can provide insight into private information from an individual to both law enforcement and other litigants in a civil suit. Costs will also be increased in a lawsuit when the parties fight over the information that is discoverable, and once allowed by agreement of the parties or by a court, it will require the attorneys to spend additional, and sometimes substantial, time to review it.
Steps that can be taken now by employers and individuals alike include fully understanding the terms and conditions and settings for the chatbot they are using and making any adjustments depending on the level of privacy desired. For employers, they should have a standard policy outlining both when individual employees can use the chatbots, as well as any internal document-retention policies that may be related to the chatbots, the information fed to them, and the information received.
As with any new technology, while exploring the benefits offered by the product, the user should also be informed of any inherent risks associated with its use.
About the author:
Justin P. Grose is an attorney with the law firm of Phillips Murrah whose practice includes Labor and Employment law and Civil litigation.
CONTACT: jpgrose@phillipsmurrah.com | 405.552.2420
Visit Phillips Murrah on social media:
