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 →High-severity addition acknowledging GitHub's use of user data (including code content) to train AI models, with reference to additional terms rather than explicit consent safeguards.
View full 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.
How other platforms handle this
to request that your data be transferred to a third party (data portability)
Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.
Further, you may take legal actions in relation to any potential breach of your rights regarding the processing of your Personal Information, as well as to lodge complaints before the competent data prot...
"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 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 …
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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.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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