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Is GitHub Copilot safe with your data?

C
GitHub Copilot icon

GitHub Copilot

GitHub (Microsoft)

66/100

Partial disclosure · medium confidence

Partly. GitHub Copilot earns a C (66/100) for what it discloses about your data: the statement uses Personal Data, including code, inputs, and AI outputs, to develop and improve artificial intelligence and machine learning technologies, including training models, under legitimate interests.

Dealbreaker flag

  • The governing GitHub General Privacy Statement processes user content, including code, inputs, and AI outputs, to train AI and machine-learning models under legitimate interests, applying de-identification only where feasible, with no named consumer training opt-out in the captured text.

#32

of 69 apps ranked

66

score · Coding avg 54

+12

vs category average

Grade scaleA · 85–100B · 70–84C · 55–69D · 40–54F · 0–39

GitHub Copilot runs under a detailed Microsoft and GitHub privacy statement that meets GDPR standards. It gives users the full set of data-subject rights, names standard contractual clauses and Data Privacy Framework safeguards for international transfers, and states data categories and legal bases clearly. The same statement says it uses user content, including code, inputs, and AI outputs, to train AI and machine learning models under legitimate interests. De-identification applies only where feasible, the captured text names no consumer training opt-out, and retention is described only in vague terms with no day count or deletion timeline.

What GitHub Copilot's privacy policy says about your data

Trains on user content, opt-out not named

The statement uses Personal Data, including code, inputs, and AI outputs, to develop and improve artificial intelligence and machine learning technologies, including training models, under legitimate interests. Aggregation and de-identification apply only where feasible, and no consumer mechanism is named to exclude inputs from training.

Full set of data-subject rights

Users can access, rectify, erase, restrict, object, withdraw consent, and request portability in a machine-readable format by emailing privacy at github. The statement names a DPO and a right to complain to a Data Protection Authority.

Strong international transfer safeguards

Transfers from the EU, UK, and Switzerland rely on the European Commission standard contractual clauses under Decision 2021/914, and GitHub certifies to the EU-U.S., UK Extension, and Swiss-U.S. Data Privacy Framework under FTC enforcement.

Retention stays vague

Data is kept as long as the account is active and as needed for contractual, legal, and dispute purposes. US-state text mentions brief retention terms by design, and the governing statement gives no day count or deletion timeline.

What the policy is silent or vague on

  • Doesn't clearly: keeps user inputs out of model training, or makes training opt-in
  • Doesn't clearly: names a way to opt out of or into training
  • Doesn't clearly: says whether training use differs by plan or tier
  • Doesn't clearly: states a deletion timeline after closure or request

GitHub Copilot privacy rating

Training-data use1 of 4 disclosed
Keeps user inputs out of model training, or makes training opt-inAdverse
Names a way to opt out of or into trainingSilent
Says whether training use differs by plan or tierSilent
Lets the user keep ownership of generated outputsDisclosed
Data-subject rights5 of 5 disclosed
Grants a right to access your dataDisclosed
Grants a right to delete your dataDisclosed
Offers data portability in a usable formatDisclosed
Grants a right to correct your dataDisclosed
Grants a way to object to or opt out of processingDisclosed
Retention and deletion1 of 4 disclosed
States a retention period for your dataDisclosed
States a deletion timeline after closure or requestSilent
Sets a shorter retention for AI conversation logsDisclosed
Commits to collecting only the data it needsDisclosed
Third-party sharing5 of 5 disclosed
Lists the categories of third parties it shares withDisclosed
References a sub-processor list or data processing agreementDisclosed
Does not sell or share data for advertising, or offers opt-outDisclosed
Names a safeguard for international data transfersDisclosed
States a standard for government and law-enforcement accessDisclosed
Transparency4 of 4 disclosed
Discloses that you are interacting with AIDisclosed
Marks AI-generated or synthetic outputNot applicable
Enumerates the categories of data it collectsDisclosed
Maps processing purposes to legal basesDisclosed
Is versioned and dated, with change noticeDisclosed
Sensitive data and children1 of 2 disclosed
Discloses automated decisions and a human-review pathNot applicable
Limits the use of special-category dataDisclosed
Governs biometric data specificallyNot applicable
States protections for children's dataDisclosed
Security and accountability1 of 3 disclosed
Describes its security safeguardsDisclosed
Commits to breach notificationDisclosed
Names a certification or a privacy contactDisclosed
DisclosedPartialSilentAdverseNot applicable

Details

Category
Coding
Modalities
text
Processes biometrics
No
Policy last updated
2026-04-27
Region scored
Global / US-default
Assessed
2026-06-20
Read GitHub Copilot's privacy policy

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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.

Is GitHub Copilot safe with your data? Grade C | AI App Trust & Transparency Index