07 - Artificial intelligence
Does the law of privilege or professional secrecy protect inputs by lawyers into generative AI tools and the resulting outputs?

Given the absence of specific laws or clear precedent, whether attorney-client privilege (under the Thai law context) applies may depend on various factors, including the data protection policies of the relevant generative AI tools. If clients' confidential data that lawyers obtain in their capacity as a lawyer is inputted into generative AI, there is a risk that such action is considered disclosing clients' confidential information and being subject to relevant sanctions/offenses under various applicable laws. Regarding the output, however, the lawyers will still be required to keep such output confidential and still be able to revoke their rights under the laws in not providing such output to any third parties.