Is GitHub Copilot safe with your data?
GitHub Copilot
GitHub (Microsoft)
Partial disclosure · high confidence
GitHub Copilot earns a C (59/100) because it discloses its data practices only in part.
Dealbreaker flag
- D4.3: As defined by applicable law, we "shared" the following categories of personal information in the last 12 months ... We shared each category to or with advertising networks, data analytics providers, and social networks.
#56
of 211 apps ranked
59
score · Coding avg 46
+13
vs category average
GitHub Copilot discloses a named training opt-out and strong rights and transfer detail, but the underlying Section D.4 content licence permits AI training and user sharing outside that opt-out, and ad-related sharing has only a US-state opt-out.
What GitHub Copilot's privacy policy and terms of service say about your data
Opt-out does not reach the main content licence
Section J.3 grants a training opt-out for Inputs and Outputs but states the opt-out "does not apply to the license granted in Sections D.4-D.8." Section D.4 independently licenses Your Content "for the purpose of training, developing, and improving artificial intelligence and machine learning models and technologies of GitHub and our Affiliates" and to "share it with other Users."
Ad sharing has only a US-state opt-out
The policy admits it "shared" identifiers and network activity data "to or with advertising networks, data analytics providers, and social networks" for marketing and audience measurement. The "Do Not Share My Personal Information" link and GPC sit inside the US State Specific Information section, so users outside those states get no opt-out.
Legal bases are EEA and UK scoped only
The mapping of purposes to legal bases appears under the heading "Lawful Bases for Processing Personal Data (Applicable to EEA and UK End Users)." Users elsewhere are given no equivalent statement of the grounds for processing.
Retention and minimization stay vague
Retention runs "as long as your account is active and as needed to fulfill contractual obligations" with no stated number of days, and the data minimization claim names no mechanism. The 90-day deletion timeline carries a legal-requirements carve-out plus residual encrypted backups.
What the policy is silent or vague on
- Not stated: your ownership of generated outputs
- Not stated: shorter retention for AI conversation logs
- Not stated: whether it sells or shares data for advertising
- Not stated: a standard for government and law-enforcement access
GitHub Copilot privacy rating
Details
- Category
- Coding
- Modalities
- text
- Processes biometrics
- No
- Policy last updated
- 2026-04-27
- Region scored
- Global / US-default
- Last assessed
- 2026-08-13
Documents examined
Other coding apps
Each grade reflects our analysis of what an app states in its public privacy policy and terms as of the assessment date. It measures the transparency of those documents, not the company's actual data practices, security, or compliance. Grades are our opinion, offered for general information. Full disclaimer.