By default, everything you type to Claude and every response you receive can be used to train Anthropic's AI. You can turn this off in your account settings, but Anthropic can still use your conversations for training if it decides to flag them for safety review.
This analysis describes what Anthropic's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The provision creates a default data use practice for model training while preserving the company's ability to use flagged or reported content for safety enforcement and AI safety research purposes even after opt-out. This operational structure means the opt-out mechanism does not fully restrict data use in safety-critical or user-initiated reporting scenarios.
Your conversation content — including potentially sensitive personal information you share with Claude — can be used to train Anthropic's AI models by default, and even after opting out, Anthropic may still use flagged conversations, meaning your opt-out does not provide a complete guarantee that your data will not be used for training.
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"We may use your Inputs and Outputs to train our models and improve our Services, unless you opt out through your account settings. Even if you opt-out, we will use Inputs and Outputs for model improvement when: (1) your conversations are flagged for safety review to improve our ability to detect harmful content, enforce our policies, or advance AI safety research, or (2) you've explicitly reported the materials to us (for example via our feedback mechanisms).— Excerpt from Anthropic's Anthropic Privacy Policy
1. REGULATORY FRAMEWORK: This provision implicates GDPR Art. 6(1)(f) (legitimate interests as lawful basis for training), Art. 21 (right to object to legitimate-interest processing), and Art. 22 (automated decision-making). Under CCPA/CPRA Cal. Civ. Code §1798.120 (right to opt out of sale/sharing) and §1798.105 (right to deletion), the carve-out for safety-flagged data may constitute an impermissible limitation. Brazil LGPD Art. 18 (data subject rights) and South Korea PIPA Art. 37 (right to suspend processing) are also engaged. The EU AI Act (Regulation 2024/1689) imposes transparency obligations on GPAI model providers regarding training data, relevant to Anthropic's model development practices. Primary enforcement authorities: EDPB/national DPAs (EU), CPPA (California), ANPD (Brazil), PIPC (South Korea). 2.
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The provision creates a default data use practice for model training while preserving the company's ability to use flagged or reported content for safety enforcement and AI safety research purposes even after opt-out. This operational structure means the opt-out mechanism does not fully restrict data use in safety-critical or user-initiated reporting scenarios.
Your conversation content — including potentially sensitive personal information you share with Claude — can be used to train Anthropic's AI models by default, and even after opting out, Anthropic may still use flagged conversations, meaning your opt-out does not provide a complete guarantee that your data will not be used for training.
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