---
title: "Decide whether disclosure, privileged or confidential material can go into an AI tool"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool/united-kingdom"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-V20260923-4-UK"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["UK"]
last_reviewed: "2026-10-18"
---

# Decide whether disclosure, privileged or confidential material can go into an AI tool

> List the categories of material on the file and the restriction that applies to each: privilege, confidentiality, court orders and personal data.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool/united-kingdom  
Last reviewed: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the categories of material on the file and the restriction that applies to each: privilege, confidentiality, court orders and personal data. |
| What the lawyer must review | Treat anything entered into a public chatbot as published to the world (judicial guidance). Use only tools with contractual, technical and organisational safeguards (SRA warning notice; Code para 6.3); sharing privileged material can waive privilege permanently. Check UK GDPR before personal data goes in. |
| Written for | United Kingdom (England and Wales) |
| Applies to | [Decide whether discovery or suppressed material can go into a tool](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool.md) |

## Checking plan

- What the AI does: List the categories of material on the file and the restriction that applies to each: privilege, confidentiality, court orders and personal data.
- Basis: Checked against the linked sources on 18 October 2026. Confirm the current instrument before reliance.

## Notes

- Both free and paid AI tools may lack the safeguards needed for client confidentiality (SRA warning notice).

## Sources

- [Artificial Intelligence (AI) – Guidance for Judicial Office Holders (31 October 2025)](https://www.judiciary.uk/wp-content/uploads/2025/10/Artificial-Intelligence-AI-Guidance-for-Judicial-Office-Holders-2.pdf) (checked 2026-10-18)
- [SRA: Misuse of AI – warning notice (17 August 2026)](https://www.sra.org.uk/solicitors/guidance/misuse-ai/) (checked 2026-10-18)
- [ICO: Guidance on AI and data protection](https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/artificial-intelligence/guidance-on-ai-and-data-protection/) (checked 2026-10-18)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Subpoenas (Federal Court Forms 43A, 43B and 43C): issuing, service, conduct money and production](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-subpoena.md) | Form | Yellow | Link to the Federal Court's subpoena forms with a guide to choosing the form, describing documents, the last date for service, conduct money, how the addressee produces, setting aside, and the fee. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*