---
title: "Assess use of held personal information to train or fine-tune a model"
url: "https://ailawframework.com/practice/privacy-data-protection-and-cyber/assess-whether-a-client-may-use-held-personal-information-to-train-or-fi/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A25-B1-3-US"
practice_area: "Privacy, Data Protection & Cyber"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Assess use of held personal information to train or fine-tune a model

> List the purpose stated in the existing notice, the training purpose the client describes, and the data categories. Write no opinion on whether the training use is permitted.

Canonical page: https://ailawframework.com/practice/privacy-data-protection-and-cyber/assess-whether-a-client-may-use-held-personal-information-to-train-or-fi/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Privacy, Data Protection & Cyber](https://ailawframework.com/practice/privacy-data-protection-and-cyber.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the purpose stated in the existing notice, the training purpose the client describes, and the data categories. Write no opinion on whether the training use is permitted. |
| What the lawyer must review | Section 1798.100(c) requires collection to be reasonably necessary and proportionate to the purposes for which the information was collected or processed, as disclosed. A later use for model training is a different purpose unless the notice already covers it and the use stays inside that limit. You decide whether it does. Opinion 512 adds a separate duty: do not input information relating to a representation into a tool that will disclose it, unless the client has given informed consent or an exception applies. The tool writes none of that advice. |
| Written for | United States |
| Applies to | [Assess whether a client may use held personal information to train or fine-tune a model](https://ailawframework.com/practice/privacy-data-protection-and-cyber/assess-whether-a-client-may-use-held-personal-information-to-train-or-fi.md) |

## Checking plan

- What the AI does: List the purpose stated in the existing notice, the training purpose the client describes, and the data categories. Write no opinion on whether the training use is permitted.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The opened section does not contain a special ban on model training. Do not add one.
- The approved California regulations on automated decisionmaking technology were not opened. Do not describe their contents.

## Sources

- [California Civil Code section 1798.100 (duties of businesses that collect personal information)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.100.) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

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