Le Chat's Memory feature stores details from your conversations to personalise future responses, and if you mention health or other sensitive information, this may be saved as a 'Memory' — requiring your explicit consent for that sensitive data.
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The provision establishes a dual consent framework for Memory feature operation: general service personalization proceeds under legitimate interest, while storage of sensitive health information requires explicit user consent. This structure creates distinct legal bases for data retention depending on input classification.
If you mention health conditions, medications, or other sensitive details in Le Chat conversations, this information may be stored as a personalised Memory that affects future AI responses, and you must actively manage or delete these Memories in settings to prevent ongoing retention.
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"To enhance your experience on Le Chat via the Memory feature by providing you more relevant and personalized answers based on your past interactions with Le Chat. [...] Your Input (prompts). If you include sensitive data in your Input, such as health details, this data may be stored as a Memory to provide you with more relevant and personalized answers. [...] Our legitimate interest to provide you with an enhanced and personalized service. Your explicit consent for any sensitive data explicitly included in your input and saved as a Memory.— Excerpt from Mistral AI's Mistral AI Privacy Policy
(1) REGULATORY FRAMEWORK: This provision directly implicates GDPR Art. 9 (processing of special categories of personal data), which requires explicit consent (Art. 9(2)(a)) or another enumerated condition for processing health data. The policy claims to rely on 'explicit consent' for sensitive data saved as Memories, but the mechanism — derived from what a user types in a chat interface — may not meet the GDPR standard for freely given, specific, informed, and unambiguous explicit consent. French CNIL guidance on health data processing is particularly stringent. UK GDPR Schedule 1 DPA 2018 applies for UK users. (2)
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The provision establishes a dual consent framework for Memory feature operation: general service personalization proceeds under legitimate interest, while storage of sensitive health information requires explicit user consent. This structure creates distinct legal bases for data retention depending on input classification.
If you mention health conditions, medications, or other sensitive details in Le Chat conversations, this information may be stored as a personalised Memory that affects future AI responses, and you must actively manage or delete these Memories in settings to prevent ongoing retention.
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