Post #2444245
2026-05-11 09:21 UTC
UK Upper Tribunal rules that uploading documents to an 'open source' LLM breaches confidentiality and waives legal privilege (by putting them in the public domain). Not sure the tribunal has understood what 'open source' means (ChatGPT is, Copilot isn't apparently) but that's the decision.
Could be overturned by a higher court, but a warning not to just chuck stuff into LLMs and assume it will be fine.
Munir v Secretary of State for the Home Department [2026] UKUT 81
https://tribunalsdecisions.service.gov.uk/utiac/2026-ukut-00081
Replies (2)
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@pwaring@social.xk7.net 2026-05-11 09:26
Consequences of this: 1. Privilege waived: This means that discussions between lawyer and client could be made available to third parties (normally they're not, that's what privilege is for). 2. SRA referral: The solicitor uploading the documents, or their supervisor who has signed off on the work, could be referred to the regulator. The regulator has a range of sanctions, up to and including a ban from working as a solicitor. 3. ICO referral: Embarrassing but the ICO is fairly toothless.
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@tasket@infosec.exchange 2026-05-11 09:47
@pwaring@social.xk7.net Confused open code with OSINT. That's an illiterate decision that should be appealed.