---
title: "File note of a generative AI confidentiality incident (United States)"
url: "https://ailawframework.com/precedents/ai-decision-systems/us-gai-confidentiality-incident-note"
type: "precedent"
site: "AI Law Framework"
id: "a45-us-gai-confidentiality-incident-note"
area_id: "A45"
kind: "memo"
ai_level: "red"
version: 1
task_ids: ["A45-T1-R1", "A45-T1-R2"]
law_stated_as_at: "2026-10-22"
---

# File note of a generative AI confidentiality incident (United States)

> An internal note made the day the firm learns that information relating to a representation may have been put into a tool in breach of the policy, or that a provider reported unauthorized access.

Canonical page: https://ailawframework.com/precedents/ai-decision-systems/us-gai-confidentiality-incident-note  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Memo. An internal or advice memo.
- Practice area: [AI decision systems](https://ailawframework.com/precedents/ai-decision-systems.md)
- Jurisdictions: United States
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 4 authorities it cites, for United States.

## When to use it

Use the day the firm knows of a possible unauthorized input or a provider notice. It records facts for the lawyer who will decide what Rule 1.6 requires. It is not a notice to the client and not a notice to a regulator.

## Used for these tasks

- [Map automated decisions that affect individuals in the firm's or client's system](https://ailawframework.com/obligations/ai-decision-systems/map-automated-decisions-that-affect-individuals-in-the-firm-s-or-client.md)
- [Build a legal-risk table for a client's AI system](https://ailawframework.com/obligations/ai-decision-systems/build-a-legal-risk-table-for-a-client-s-ai-system.md)

## How AI may be used

The lawyer writes what happened and what will be said to the client. A tool may attach the provider's notice and list names that appear in it. It writes nothing that is sent out.

**AI may:**

- Attach the provider notice and list the dates and system names printed on it
- List matters whose files were open in the tool session, from the firm's own log

**AI must not:**

- Must not decide whether Rule 1.6 requires a disclosure to the client
- Must not draft the client notice or a notice to a regulator
- Must not paste the affected information back into the same tool to investigate it

**The lawyer checks:**

- A named lawyer owns the incident the same day
- Further use of the tool on the affected matters is stopped until that lawyer says otherwise
- Any notice to a client or a regulator is a separate document the lawyer writes after reading the duties that apply

## Authorities

- [ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 512, Generative Artificial Intelligence Tools (July 29, 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf)
- [ABA Model Rules of Professional Conduct, 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/)
- [ABA Model Rules of Professional Conduct, Rule 1.6, Comments 3, 4 and 18](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/comment_on_rule_1_6/)
- [ABA Model Rules of Professional Conduct, Rule 5.1 (Responsibilities of Partners, Managers and Supervisory Lawyers)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_1_responsibilities_of_a_partner_or_supervisory_lawyer/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/ai-decision-systems/us-gai-confidentiality-incident-note and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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