Midjourney can share your personal data with law enforcement, government agencies, or other parties if it believes disclosure is legally required or necessary to protect safety or enforce its policies.
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
This clause gives Midjourney broad discretion to share your data with authorities or third parties based on its own belief that disclosure is appropriate, which could affect your privacy in ways that extend beyond standard legal compulsion scenarios.
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…
Your account data, prompts, and generated images could be disclosed to law enforcement or other parties based on Midjourney's own assessment that disclosure is appropriate, not only in response to a formal court order.
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"We may disclose your information to third parties if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements. We may also disclose information if we believe your actions are inconsistent with our terms of service or policies, or to protect the rights, property, and safety of us or others.— Excerpt from Midjourney's Midjourney Privacy Policy
REGULATORY LANDSCAPE: Law enforcement disclosure provisions must comply with applicable legal standards including the Electronic Communications Privacy Act (ECPA) for US users, and GDPR Article 6(1)(c) for EU and UK users where processing is necessary for compliance with a legal obligation. The phrase 'lawful requests by public authorities to meet national security requirements' in US contexts may implicate national security letter processes under the USA PATRIOT Act and FISA. GOVERNANCE EXPOSURE: Medium. The clause's inclusion of discretionary disclosures based on Midjourney's belief that disclosure is appropriate, rather than limiting disclosure to legally compelled situations, is broader than a strictly legal-compulsion-only standard. This is common in US-based service provider policies but warrants attention for enterprise users and EU users. JURISDICTION FLAGS: EU and UK users should note that GDPR imposes constraints on transfers of personal data to third-country authorities, and disclosures to US law enforcement in response to US legal process may not automatically satisfy EU legal transfer requirements. The policy does not describe any transparency reporting mechanism for government disclosure requests. CONTRACT AND VENDOR IMPLICATIONS: Organizations using Midjourney for business purposes should assess whether employee data or proprietary prompts could be subject to disclosure and whether their own legal obligations require notification in the event of such disclosure. The clause does not commit Midjourney to notifying users prior to disclosure where legally permitted to do so. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether Midjourney publishes a transparency report on government data requests, and whether the absence of such reporting is material to their risk assessment. EU clients should evaluate whether the law enforcement disclosure clause is compatible with their GDPR transfer risk assessments.
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This clause gives Midjourney broad discretion to share your data with authorities or third parties based on its own belief that disclosure is appropriate, which could affect your privacy in ways that extend beyond standard legal compulsion scenarios.
Your account data, prompts, and generated images could be disclosed to law enforcement or other parties based on Midjourney's own assessment that disclosure is appropriate, not only in response to a formal court order.
ConductAtlas has identified this type of provision across 6 platforms. See the full comparison.
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