Compliance

Confidential information

Sensitive personal or proprietary data not to be shared in prompts.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

Jurisdiction	Instrument	Status	What is distinctive
California, United States	California SB 574 — Generative AI: Attorneys, Arbitrators, Judicial Officers, and Alternative Resolution Providers	Awaiting Entry	This definition widens confidential information to include material protected by professional duty, privilege, statute, or agreement, specifically nonpublic client or dispute information in legal and arbitration contexts.
Massachusetts, United States	City of Boston Interim Guidelines for Using Generative AI	Superseded	This definition lists specific examples like PII about residents or public servants, faces, voices, identifications, license plates, passwords, confidential keys, and proprietary data that should not be included in AI prompts.

What it triggers

California SB 574 requires attorneys and ADR providers to avoid disclosure or uncontrolled system input of such material.source
City of Boston Interim Guidelines for Using Generative AI warn that such data may be retained or used by AI providers.source

Definitions (2)

Information that should not be included in prompts to generative AI, including personally identifying information (PII) about residents or public servants, faces, voices, identifications, license plates, passwords, confidential keys, and proprietary data; the guideline warns such data may be retained or used by AI providers and therefore must be protected.

City of Boston Interim Guidelines for Using Generative AIDefinition 1 of 2

Information protected by professional duty, privilege, statute, or agreement, including nonpublic client or dispute information. SB 574 requires attorneys and ADR providers to avoid disclosure or uncontrolled system input of such material.

An act to add Section 6068.1 to the Business and Professions Code, to amend Section 128.7 of the Code of Civil Procedure, to add Section 180 to the Code of Civil Procedure, and to amend Section 6173 of the Business and Professions Code, relating to generative artificial intelligenceDefinition 2 of 2

Not to be confused with

Prompt/input data

Prompt/input data refers to any data provided by users during service use, while confidential information specifies sensitive data that should not be included in those prompts.

confidential/classified information

Confidential/classified information covers internal, confidential or secret administrative data, whereas these definitions focus on professional protections or specific PII and proprietary data for AI prompts.

Questions and answers

What must attorneys avoid with confidential information under California law?

Attorneys and ADR providers must avoid disclosure or uncontrolled system input of information protected by professional duty, privilege, statute, or agreement, including nonpublic client or dispute information. This is required by California SB 574.

What types of data does Boston warn against putting in AI prompts?

Boston warns against including personally identifying information about residents or public servants, faces, voices, identifications, license plates, passwords, confidential keys, and proprietary data. Such data may be retained or used by AI providers.

How do these definitions handle proprietary data in AI prompts?

Both definitions include proprietary data as confidential information not to be shared in prompts. California SB 574 protects it via professional duties in legal contexts, while Boston lists it explicitly among data to protect.