Any image you create with Midjourney is automatically visible to the public in the community gallery unless you have a paid subscription tier that includes a private or stealth mode feature.
This analysis describes what Midjourney'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
If you generate images containing sensitive, personal, or commercially valuable content without realizing they are public by default, that content is visible to anyone viewing the gallery, which could have reputational, legal, or business consequences.
The updated privacy policy removed language describing how Midjourney shares personal data, the security measures protecting that data, children's privacy safeguards, procedures for notifying users o…
Images you generate are publicly accessible by default, meaning anyone can view your creative output unless you pay for a higher subscription tier with stealth mode, creating a potential privacy and confidentiality risk for users who are unaware of this default.
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"Images you generate using the Services are by default publicly visible in our community gallery and to other users. If you wish to keep your images private, you must subscribe to a plan that includes private or stealth mode.— Excerpt from Midjourney's Midjourney Privacy Policy
REGULATORY LANDSCAPE: This provision engages GDPR principles of data minimization and purpose limitation where EU users generate images, as the default-public setting may not align with reasonable user expectations about how their outputs are used or displayed. The FTC's framework on dark patterns and default settings is potentially relevant if the public-by-default setting is not sufficiently disclosed at account creation or during onboarding. California's CPRA principles regarding consumer expectations about data use may also apply. GOVERNANCE EXPOSURE: Medium. The default public setting is disclosed in the privacy policy, but the adequacy of disclosure at the point of account creation or image generation is an operational question that cannot be assessed from the policy text alone. For business users, this setting may inadvertently expose proprietary creative work or client-related content. JURISDICTION FLAGS: EU and UK users may have stronger grounds to challenge the default-public setting as inconsistent with privacy-by-design principles under GDPR. California users may assert that this default constitutes a sharing of personal information without adequate notice. Users in jurisdictions with strong right to privacy protections may find this default more legally contestable. CONTRACT AND VENDOR IMPLICATIONS: Enterprise or business customers using Midjourney should assess whether their subscription tier includes stealth mode and incorporate this into their data handling procedures. B2B contracts that restrict disclosure of confidential information may be implicated if employees use Midjourney without stealth mode for work-related creative tasks. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that user onboarding flows adequately disclose the default-public setting prior to image generation, not only in the privacy policy. Organizations should assess whether stealth mode requirements should be mandated as part of an acceptable use policy for employees using Midjourney. Legal teams advising EU clients should consider whether the default-public setting requires a privacy impact assessment under GDPR.
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If you generate images containing sensitive, personal, or commercially valuable content without realizing they are public by default, that content is visible to anyone viewing the gallery, which could have reputational, legal, or business consequences.
Images you generate are publicly accessible by default, meaning anyone can view your creative output unless you pay for a higher subscription tier with stealth mode, creating a potential privacy and confidentiality risk for users who are unaware of this default.
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