GitHub states it may use your usage data and content interactions to improve AI products including GitHub Copilot, and directs users to product-specific terms for full details on how AI features process data.
This analysis describes what GitHub'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 policy authorizes use of user data for AI product development, which may include training or improving machine learning models; the full scope of this use is not entirely defined within this document and requires review of separate product terms.
Interpretive note: The full scope of AI training data use is not entirely defined in this policy and requires review of separate product-specific terms, creating interpretive uncertainty about what data is used and how.
The updated terms now explicitly authorize GitHub to collect AI outputs generated within the platform alongside user-provided code and content, and to share personal data with Microsoft and other GitHub affiliates for purposes including training and improving artificial intelligence and machine learning technologies. The privacy statement indicates that aggregate and de-identified data will be used where feasible, but the updated language establishes broader authority for affiliate data sharing and AI model development than the previous version stated. The revised terms also remove specific disclosure of the conditions under which GitHub personnel may access private repositories, replacing that detail with a cross-reference to the Terms of Service, which means the scope of internal GitHub access to private repositories is now defined in a separate contract document rather than the privacy statement itself.
View change record →The policy permits GitHub to use usage data and content interactions with AI features for AI product improvement purposes, including for GitHub Copilot; the extent of this processing is subject to additional product-specific terms that are separate from this policy.
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"GitHub may use personal data to improve our products and services, including AI-powered features such as GitHub Copilot. Data used to improve AI features may include usage data, interaction data, and content provided to AI features. Users of AI-powered features should review applicable product-specific terms for additional details.— Excerpt from GitHub's GitHub Privacy Statement
(1) REGULATORY LANDSCAPE: This provision implicates GDPR Article 22 (automated decision-making), Article 5 (purpose limitation), and the EU AI Act which may impose transparency and documentation requirements on AI systems using personal data for training or improvement. The FTC has issued guidance on AI and data practices. The Irish DPC and European Data Protection Board are relevant supervisory authorities. (2) GOVERNANCE EXPOSURE: High. The use of user-generated content and interaction data for AI training or improvement is a subject of active regulatory scrutiny across the EU and US. Where enterprise users' code or communications are processed for AI improvement without explicit consent, this may conflict with employer obligations under employment law or enterprise data governance policies. (3) JURISDICTION FLAGS: EU/EEA users have heightened rights under GDPR to object to processing for purposes beyond contract performance, including product improvement. California residents may have rights to opt out of sharing data used to train AI models if that use constitutes a sale or sharing under CPRA. Organizations in regulated industries should assess whether proprietary code or data entered into AI features is subject to confidentiality obligations. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should review GitHub Copilot-specific terms and any applicable enterprise agreements to determine whether AI training use can be restricted or excluded. Procurement teams should flag AI data use provisions for legal review, particularly where employees may input sensitive or proprietary information into Copilot. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should audit which AI features employees are using, review product-specific terms for each AI feature, assess whether opt-out mechanisms for AI training data use are available and exercised, and update employee privacy notices to reflect AI-related data processing.
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The policy authorizes use of user data for AI product development, which may include training or improving machine learning models; the full scope of this use is not entirely defined within this document and requires review of separate product terms.
The policy permits GitHub to use usage data and content interactions with AI features for AI product improvement purposes, including for GitHub Copilot; the extent of this processing is subject to additional product-specific terms that are separate from this policy.
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