Policy · Knowledge Management

Policy on putting client documents into an AI knowledge tool

A policy for when personal information from a client document may be put into an AI knowledge tool: APP 6, the OAIC warning against public generative tools, and the point that a false or generated output about a person is still personal information.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
Australia
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when the firm writes or reviews its rule on using client documents as AI knowledge. It sits beside the privilege clearance. It does not decide privilege, and it does not authorise a vendor.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may point a user to this policy and list whether a document has been marked as cleared; the lawyer decides whether a secondary use is permitted.

AI may

  • Quote this policy when a user asks whether a client document may be pasted into a tool
  • List documents a lawyer has already marked as not for a public tool

AI must not

  • Must not put a client document into a publicly available generative AI tool
  • Must not decide that a client would reasonably expect an AI use of their information
  • Must not treat a hallucination or a deepfake about an identifiable person as outside the Privacy Act

The lawyer checks

  • Privilege clearance is still done under the separate record before advice files are ingested
  • A public generative tool is not used for personal information, and particularly not for sensitive information
  • If the developer can see the input, that disclosure is covered by the collection notice and the privacy policy, or it is not made

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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