Provision record
GitHub · GitHub Privacy Statement · View original document ↗

AI/ML Training Data Use

High severity Common · 279 of 352 platforms
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Document Record

What it is

GitHub may use your personal data, activity, and content to train artificial intelligence and machine learning models, including features like GitHub Copilot, though certain opt-out options are available.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes GitHub's operational authority to apply user-generated content to AI model training, which affects how the platform monetizes and develops its technical infrastructure. The clause defines the boundaries of permitted data use beyond the immediate service delivery.

Recent Activity

This document changed recently

High Apr 28, 2026

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 →

Clause Stability Stable

0
Changes
5
Months Monitored
Apr 3, 2026
First Seen
Apr 10, 2026
Last Seen
This clause type exists across 3334 other provisions on other platforms.

Consumer impact (what this means for users)

Your code contributions, usage patterns, and other data could be used to improve GitHub's AI features without explicit consent in all cases. Opting out of applicable AI training uses is possible through privacy settings.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Log in to your GitHub account, navigate to Settings > Privacy, and locate the AI training data preferences to opt out of your data being used for AI/ML model training.

How other platforms handle this

MyFitnessPal Medium

We use your personal information to send you newsletters and other promotional communications, including information about MyFitnessPal's new offerings, features, offers, events, webinars, and other information.

ZipRecruiter Medium

We will only use your Personal Data to provide services directly to you...and/or to provide services to you on behalf of our clients...except as otherwise described in this Privacy Policy or with your consent.

Glassdoor Medium

We may use your personal data to conduct research...we conduct and publish research about the labor market, the economy, job opportunities, jobseeker and employee behaviors...

See all platforms with this clause type →
ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

This provision implicates GDPR Article 6 legitimate interests as a lawful basis for AI training, requiring a balancing test; under CPRA, use of sensitive personal information for AI training may require additional disclosures and opt-out …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

EU AI Act
European Union
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
CAN-SPAM
United States Federal
ePrivacy Directive
European Union
FTC Act Section 5
United States Federal
GDPR
European Union
UK GDPR
United Kingdom

Provision details

Document information
Document
GitHub Privacy Statement
Entity
GitHub
Document last updated
May 5, 2026
Tracking information
First tracked
March 20, 2026
Last verified
March 20, 2026
Record ID
CA-P-001343
Document ID
CA-D-00254
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
6ffd0bca7ee8ec2746c4351f0452b4941b4e2157175f395ff9607b70d0463c07
Analysis generated
March 20, 2026 12:20 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: GitHub
Document: GitHub Privacy Statement
Record ID: CA-P-001343
Captured: 2026-03-20 12:20:26 UTC
SHA-256: 6ffd0bca7ee8ec27…
URL: https://conductatlas.com/platform/github/github-privacy-statement/provision/CA-P-001343/aiml-training-data-use/
Accessed: Aug. 27, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does GitHub's AI/ML Training Data Use clause do?

This provision establishes GitHub's operational authority to apply user-generated content to AI model training, which affects how the platform monetizes and develops its technical infrastructure. The clause defines the boundaries of permitted data use beyond the immediate service delivery.

How does this clause affect you?

Your code contributions, usage patterns, and other data could be used to improve GitHub's AI features without explicit consent in all cases. Opting out of applicable AI training uses is possible through privacy settings.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.