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Is GitHub Copilot safe with your data?

C
GitHub Copilot icon

GitHub Copilot

GitHub (Microsoft)

59/100

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

Grade scaleA · 70–100B · 60–69C · 48–59D · 35–47F · 0–34

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

Training-data use2 of 4 disclosed
Keeps user inputs out of model training, or makes training opt-inPartial
Names a way to opt out of or into trainingDisclosed
Says whether training use differs by plan or tierDisclosed
Lets the user keep ownership of generated outputsAdverse
Data-subject rights3 of 5 disclosed
Grants a right to access your dataDisclosed
Grants a right to delete your dataPartial
Offers data portability in a usable formatDisclosed
Grants a right to correct your dataDisclosed
Grants a way to object to or opt out of processingPartial
Retention and deletion0 of 4 disclosed
States a retention period for your dataPartial
States a deletion timeline after closure or requestPartial
Sets a shorter retention for AI conversation logsSilent
Commits to collecting only the data it needsPartial
Third-party sharing3 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-outAdverse
Names a safeguard for international data transfersDisclosed
States a standard for government and law-enforcement accessSilent
Transparency2 of 4 disclosed
Discloses that you are interacting with AIDisclosed
Marks AI-generated or synthetic outputNot applicable
Enumerates the categories of data it collectsPartial
Maps processing purposes to legal basesSilent
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 dataSilent
Governs biometric data specificallyNot applicable
States protections for children's dataDisclosed
Security and accountability1 of 3 disclosed
Describes its security safeguardsPartial
Commits to breach notificationSilent
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
Last assessed
2026-08-13

Documents examined

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