AI Privacy Tracker · Version 110426

Gemini

Plain-English resources for lawyers, judges, and government attorneys who use AI, or want to.

Gemini · Google

Gemini at a glance

Rated Green

Fit for client confidences after your usual vendor checks.

Gemini in Google Workspace Business or EnterpriseGreen

Rated Red

Keep client confidences and secrets out. Settings lower the risk but do not change the color.

Gemini app, personal Google accountRed
Gemini in Gmail and Docs, personal AI planRed
Gemini on Workspace Individual, Business Base, or legacy G SuiteRed

When you delete a chat

A deleted chat is hidden from view at once. Google gives no deadline for erasing its copy.

Plan	Rating	Trains on your data?	How long kept	Can the provider read it?
Gemini app, personal Google accountFree; AI Plus $4.99/mo; AI Pro $19.99/mo; AI Ultra $99.99 or $199.99/mo (US list prices)	Red	Yes, by default	18 months default; reviewed chats up to 3 years	Yes
Gemini in Gmail and Docs, personal AI planAI Plus $4.99/mo includes Gemini in Gmail and some other apps; Docs and full side-panel features need AI Pro $19.99/mo or AI Ultra $99.99 or $199.99/mo (US list prices)	Red	No (help-page promise)	History kept until you delete; auto-delete 3, 18, or 36 months available	Not stated
Gemini in Google Workspace Business or EnterpriseBusiness Starter $7, Standard $14, Plus $22 per user/mo with a 1-year commitment ($8.40, $16.80, $26.40 month to month); Enterprise: contact sales	Green	No (contract)	Admin-set; Vault holds	No, without permission
Gemini on Workspace Individual, Business Base, or legacy G Suite	Red	Yes, by default	Same as the personal Gemini app	Yes

Each plan has one color, set by its contract. The settings in each entry lower the risk but do not change the color. Select a plan for its full entry.

Official pages

Deleting a chat

What deleting does on Gemini

Gemini app on a personal account: what happens after a chat is deleted: Google says it first aims to remove the chat from view immediately, then starts a process to delete it from its storage systems. Google gives no deadline for the second step. Provider page
Copies kept anyway: Chats already read by human reviewers (and related data such as language, device type, location, and feedback) are not deleted and are kept up to three years. Feedback you sent is kept separately. Data already sent to Connected Apps is not deleted. Deleting Gemini activity does not delete notebooks in Gemini Notebook. Google keeps some data longer for security, fraud, abuse, or legal reasons.

In short: deleting removes a chat from view, but it does not undo what has already happened to it. On business plans, the organization's retention settings decide how long chats are kept; each plan below explains how.

Plan by plan

Every Gemini plan in detail

Open a plan for its rating, the settings that lower the risk, and short quotations from Google's own policy with links.

Gemini app, personal Google accountRedRated Red. Google trains its models on these chats. Human reviewers may read a sample. Google's own help pages tell users not to enter confidential information. Turning training off lowers the risk but does not change the color, because only consumer terms apply and they make no enforceable promise to keep your content confidential. New chats are then no longer used for training. Google keeps them for 72 hours. The consumer terms and possible safety review stay the same.

Gemini app on a personal Google account (free, AI Plus, AI Pro, AI Ultra). You use gemini.google.com, the Gemini phone app, or Gemini in Chrome while signed in with a personal Google account (usually an @gmail.com address). Paying for AI Plus, AI Pro, or AI Ultra does not change the privacy terms: the paid plans follow the same rules as the free app. Google does not document an on-screen sign that shows whether a Gemini chat has business-grade protection. The account in use decides it. A personal Google account usually ends in @gmail.com. A firm account uses the firm's own domain. Price: Free; AI Plus $4.99/mo; AI Pro $19.99/mo; AI Ultra $99.99 or $199.99/mo (US list prices).

Default settings Red

The "Keep Activity" setting is on for every adult user. Google uses your chats to train its AI models. It also uses a sample of uploaded files and photos. Human reviewers read a subset of chats. Reviewed chats are kept up to three years, even if you delete them.

With the settings below Red

With Keep Activity off, or in a Temporary Chat, new chats are not used to train Google's models. They also do not appear in your activity. Google still keeps each chat with your account for 72 hours.

What the settings do not change: The consumer terms make no promise of confidentiality. Google may still have human reviewers look at these chats for safety. Thumbs up or down sends your last 24 hours of chats to Google, even with Keep Activity off. Turning Keep Activity off also switches off most Connected Apps, including Gmail and Drive.

Settings that lower the risk

Keep ActivityWhat it does: Stops future chats being kept in your activity and used to train Google's models (72-hour copy still kept).
Temporary chatWhat it does: A temporary chat is not saved to your activity, not used for training, and not used to personalize Gemini, even while Keep Activity stays on.
Auto-deleteWhat it does: If you keep Keep Activity on, this cuts the default 18-month keep period to 3 months.
Memory, and Instructions for GeminiWhat it does: Stops Gemini storing facts about you and drawing on past chats; delete stored instructions one by one.
Improve Google services with your audio and Gemini Live videos & screensharesWhat it does: Keeps voice recordings, Live video, and screen shares out of Google's improvement program.

Worth knowing

Pressing thumbs up or down, or sending a report, sends your last 24 hours of chats and any uploads to Google, even with Keep Activity off.
While Keep Activity is on, a sample of uploaded files is used to train Google's models.
Google says it does not monitor or secure data that flows to connected third-party apps or MCP servers.
Chats imported from ChatGPT or other AI tools are used for training.
Chats already picked for human review are kept up to three years, even after you delete them.

What the policy says

On default training

“If you're 18 or over, Keep Activity is on by default.”

Manage & delete your activity in Gemini Apps, Turn off Keep Activity, Oct. 24, 2026 (accessed). Read the source

On opt-out result

“won't be used to train our AI models, unless you choose to send Google feedback”

Gemini Apps Privacy Hub, Privacy questions > If the Keep Activity setting is off, Last updated Oct. 23, 2026 (Privacy Notice Oct. 13, 2026). Read the source

On human review and 3-year retention

“Reviewed chats are retained for up to three years.”

Gemini Apps Privacy Hub, Who has access to my chats, Last updated Oct. 23, 2026 (Privacy Notice Oct. 13, 2026). Read the source

Your data, in plain English

How long it is kept: With Keep Activity on: 18 months by default (you can choose 3 or 36 months, or no auto-delete). With Keep Activity off or in a Temporary Chat: 72 hours. Chats read by human reviewers: up to three years, separated from your account. Google may keep some data longer for security, fraud, abuse, or legal reasons.
What happens after you delete: Google says it first aims to remove the chat from view immediately, then starts a process to delete it from its storage systems. Google gives no deadline for the second step.
Copies kept anyway: Chats already read by human reviewers (and related data such as language, device type, location, and feedback) are not deleted and are kept up to three years. Feedback you sent is kept separately. Data already sent to Connected Apps is not deleted. Deleting Gemini activity does not delete notebooks in Gemini Notebook. Google keeps some data longer for security, fraud, abuse, or legal reasons.
Temporary chat: Google offers a "Temporary chat" for personal accounts. It does not appear in your activity or chat list. It is not used to train Google's models, and it is not used for personalization. Google still keeps it with your account for 72 hours. Human reviewers may still see it for safety purposes.
Memory: Yes. Gemini can use past chats ("Memory") and instructions you give it to personalize answers.
Google announced in August 2025 that past-chat memory would be on by default; its current help pages do not state the default.
Google warns that Gemini may use sensitive information from your chats to personalize.
Connecting Gmail and Photos ("Personal Intelligence") is off unless you turn it on.
Who at the provider can read it: Yes. Human reviewers, including staff at Google's outside service providers, read a subset of chats. Google separates the chat from your account before review. Review for safety can happen even with Keep Activity off or in a Temporary Chat. Reviewed chats are kept up to three years.
Who else receives it: Ads: Google says Gemini chats are not used to show you ads now, but says it will tell users if that changes; shopping and Google Pay data created through Gemini may be used for ads.
Google says it does not sell personal information.
Affiliates and service providers process data for Google.
Third-party Connected Apps receive what you send them.
Google discloses data in response to valid legal process and government requests.
Contract: Consumer terms only: the Google Terms of Service, the Gemini Apps Privacy Notice, and (for paid plans) the Google One terms; no data processing agreement, no confidentiality promise, no BAA.

All sources for this plan (12)

Gemini Apps Privacy Hub, How long we retain your data; How long does Google retain my temporary chats; Who has access to my chats. Supports: training includes generative AI models; 72-hour retention; reviewers in temporary chats; feedback sends last 24 hours.
Manage & delete your activity in Gemini Apps, Turn off Keep Activity; Delete your activity; Change Auto-delete settings; How your Gemini Apps activity is deleted. Supports: Keep Activity menu path; delete all; auto-delete options; deletion process.
Find & manage your recent chats in Gemini Apps, Delete a chat (Computer). Supports: delete one chat.
Use Gemini Apps, Start a temporary chat (Computer). Supports: Temporary chat button and limits.
Save info and reference past chats in Gemini Apps, Personal context. Supports: saved info setting.
Gemini adds Temporary Chats and new personalization features (Google blog), Blog post. Supports: uploads sampled for training; memory default on (2025 announcement).
Google AI Pro & Ultra (Gemini subscriptions page), Plan cards; footer. Supports: plan prices; paid plans on same consumer terms.
Notebooks in Gemini Apps (Gemini Notebook Help), Notebooks in Gemini Apps. Supports: Notebook data not deleted by deleting Gemini activity.
Google Privacy Policy, When Google shares your information. Supports: legal-process disclosure; service providers.

Last checked against Google's pages on October 25, 2026.

Not yet confirmed

Current default of Gemini "Memory" (past chats) for personal accounts: announced as on by default in August 2025 and not restated on current help pages.

Gemini in Gmail and Docs, personal AI planRedRated Red. Google's help pages promise two things. Google will not train on this content. Google will not store prompts or outputs without your permission. That is more protection than the Gemini app gives. What the plan lacks is a contract. The promise appears on a help page, not in a data processing agreement. The plan runs on consumer terms. Consumer terms with no enforceable promise of confidentiality rate Red, even when a help page promises more.

Gemini inside Gmail, Docs, Drive, and other Google apps on a personal account with a Google AI plan. You pay for a Google AI plan on a personal Google account and use the Gemini side panel or "Help me write" inside Gmail, Docs, Drive, Sheets, Slides, or Meet. This card does not cover the separate Gemini app at gemini.google.com, which follows the Gemini app card. Google does not document an on-screen sign that shows whether a Gemini chat has business-grade protection. The account in use decides it. A personal Google account usually ends in @gmail.com. A firm account uses the firm's own domain. Price: AI Plus $4.99/mo includes Gemini in Gmail and some other apps; Docs and full side-panel features need AI Pro $19.99/mo or AI Ultra $99.99 or $199.99/mo (US list prices).

Default settings Red

Google says Gemini inside these apps does not use your content to train its AI models. Google also says it does not store your prompt or the output without your permission. These promises appear on a help page under consumer terms. They are not in a signed agreement.

Worth knowing

The same email or document copied into the Gemini app falls under the Gemini app's rules, where it may be used for training.
No data processing agreement covers this plan.
Google's promise covers storage "without your permission." Sending feedback is one way of giving that permission.

What the policy says

On no training

“doesn't use your content to train or improve Gemini or other generative AI models”

Learn how Gemini in Gmail, Calendar, Chat, Docs, Drive, Sheets, Slides, Meet, Vids & Pics protects your data, Specific commitments for Gemini in Gmail, Calendar, Chat, Docs, and other apps, Oct. 24, 2026 (accessed). Read the source

On no storage without permission

“doesn't store your prompt or the generated output without your permission”

On sharing into Gemini app loses protection

“may be used for model training and improvement”

Learn how Gemini in Gmail, Calendar, Chat, Docs, Drive, Sheets, Slides, Meet, Vids & Pics protects your data, Sharing data with Gemini Apps, Oct. 24, 2026 (accessed). Read the source

Your data, in plain English

How long it is kept: Google says it does not store your prompt or the generated output without your permission. But AI Pro and Ultra users have a side-panel conversation history in Gmail, Docs, Drive, Sheets, and Slides; you can set it to delete after 3, 18, or 36 months, or only when you delete it. Google does not state the default.
What happens after you delete: Google describes the deletion as permanent. It gives no timeline for removal from its systems.
Copies kept anyway: Content you share from these apps into the Gemini app is handled under the Gemini app rules (see that entry).
Temporary chat: Not offered (not applicable: Google says prompts and outputs are not stored without permission).
Memory: Not stated by the provider for Gemini inside Gmail and Docs.
Who at the provider can read it: Not stated by the provider for Gemini inside Gmail and Docs on personal accounts.
Who else receives it: Not stated specifically. The Google Privacy Policy governs sharing with affiliates, service providers, and in response to legal process. Data you send into the Gemini app follows the Gemini app rules.
Contract: Consumer terms (Google Terms of Service, Google One terms, Google Privacy Policy) plus a help-center promise; no data processing agreement, no BAA.

All sources for this plan (5)

Google AI Pro & Ultra (Gemini subscriptions page), Footer. Supports: consumer terms for paid plans.
Manage your Gemini conversation history in Google Workspace apps, History. Supports: side-panel conversation history and auto-delete.

Last checked against Google's pages on October 25, 2026.

Not yet confirmed

Human review, retention, and deletion for Gemini inside Gmail and Docs on personal accounts are not addressed on Google's page.
Whether giving feedback in Gmail or Docs counts as "permission" to store the prompt and output is not stated.

Gemini in Google Workspace Business or EnterpriseGreenRated Green. A contract forbids Google to train on the organization's data. Under the Cloud Data Processing Addendum, Google acts as the organization's processor. Google staff do not read chats without permission. Admins control how long conversations are kept. If the organization uses Vault, Vault rules also apply.

Gemini in Google Workspace Business and Enterprise (Gemini app and Gemini in Gmail, Docs, and other apps). Your firm pays for Google Workspace Business Starter, Standard, or Plus, an Enterprise edition, or another edition Google lists as including the Gemini app as a "core service" (such as Essentials, Frontline, or Nonprofits), and you sign in with your firm email. Google does not document an on-screen sign that shows whether a Gemini chat has business-grade protection. The account in use decides it. A personal Google account usually ends in @gmail.com. A firm account uses the firm's own domain. Price: Business Starter $7, Standard $14, Plus $22 per user/mo with a 1-year commitment ($8.40, $16.80, $26.40 month to month); Enterprise: contact sales.

Default settings Green

Google may not train its generative AI models on your chats or files without the firm's permission. Google staff do not review them without permission either. Chats are kept 18 months by default. The firm's admin can change that period.

Settings that lower the risk

Workspace editionWhat it does: Only qualifying editions get the business protections; Business Base, Essentials Starter, legacy G Suite, and Workspace Individual do not.
Gemini conversation history (auto-delete 3, 18, or 36 months, or off)What it does: Sets how long Gemini app chats are kept; with history off, Google keeps chats up to 72 hours.
Allow temporary chats / Allow users to delete conversationsWhat it does: Controls whether lawyers can start temporary chats and delete chats; both are on by default unless the firm uses Vault for Gemini.
Google Vault retention and holds for GeminiWhat it does: Vault rules override user deletion and temporary chats, which supports litigation holds but means chats are firm records.
Side-panel conversation auto-deletionWhat it does: Without it, side-panel history in Gmail, Docs, and other apps is kept until deleted.

Worth knowing

Third-party apps connected to Gemini are governed by their own terms, not Google's Workspace terms.
Gemini in Chrome falls outside Google's HIPAA business associate agreement and certifications.
If the organization uses Vault, a deleted or temporary chat is still kept under the Vault rules.
In Gmail, Docs, and other apps, thumbs up or down feedback can include your prompt, source documents, and output unless the share boxes are unchecked. Google keeps feedback up to 18 months.

What the policy says

On training barred by contract

“Google will not use Customer Data to train or fine-tune ... generative artificial intelligence models”

Google Workspace Service Specific Terms, Section 12.11 Training Restriction, Last modified Oct. 12, 2026. Read the source

On processor role

“Google is a processor and Customer is a controller or processor”

Cloud Data Processing Addendum, Section 4.1, Last modified June 8, 2026 (placement ambiguous). Read the source

On no human review without permission

“Your content is not human reviewed ... without permission”

Generative AI in Google Workspace Privacy Hub, Summary, Last updated Oct. 6, 2026. Read the source

Your data, in plain English

How long it is kept: Gemini app: 18 months by default; the admin can choose 3, 18, or 36 months or turn history off (then up to 72 hours).
Gemini side panel in Gmail, Docs, and other apps: kept until deleted by default; the admin can set 90 days, 540 days, or 3 years, or let users choose.
If the firm uses Vault, Vault rules control.
Feedback: up to 18 months.
What happens after you delete: Without Vault for Gemini, Google says "Gemini deletes this data." With Vault, the chat is hidden from the user but kept under the firm's Vault rules. Google's Cloud DPA requires deletion within a maximum of 180 days for customer data deleted under its Section 6.
Copies kept anyway: Vault retention rules and holds override user deletion. Feedback is kept up to 18 months.
Temporary chat: Temporary chats exist for work accounts only if the admin turns on "Allow temporary chats" (on by default without Vault). Without Vault, Google says it does not log these chats. With Vault, they are kept under the firm's Vault rules.
Memory: Not stated by the provider for Workspace accounts. Google says "Personal Intelligence" (connecting Gmail and Photos) is not available for Workspace accounts.
Who at the provider can read it: Google says your content is not reviewed by humans or used for training outside your domain without permission. Whether Google staff review prompts flagged for abuse is not described. The firm's own admins and Vault users can see chats.
Who else receives it: Google says Gemini does not share your content outside the organization without permission and Workspace does not use content for ads. Google's subprocessors handle data under the Cloud DPA. Web search grounding is redacted from Search logs. Third-party connectors and agents are outside these protections.
Contract: Workspace agreement, Workspace Service Specific Terms (Section 12.11 Training Restriction), and the Cloud Data Processing Addendum, with Google as processor; Google states Gemini can support HIPAA workloads.

All sources for this plan (10)

Turn the Gemini App on or off (Workspace Admin Help), Comparison table; Manage Gemini conversation history. Supports: core vs additional service editions; 18-month default; 72 hours.
Control temporary chats and chat deletion in the Gemini App (Workspace Admin Help), Settings; What happens to data. Supports: temporary chats and deletion admin settings; Vault override.
Manage Gemini in Workspace conversation history settings, Auto-deletion settings. Supports: side-panel retention options.
Use Gemini Apps with a work or school Google Account, Edition table. Supports: mobile app: work accounts cannot delete chats.
Generative AI in Google Workspace Privacy Hub, FAQ. Supports: feedback kept 18 months; no ads; third-party apps; Gemini in Chrome; Personal Intelligence unavailable.
Google Workspace Data Regions, Data covered table. Supports: Business Starter not a Data Regions edition.
Google Workspace pricing, Plans. Supports: prices.

Last checked against Google's pages on October 25, 2026.

Not yet confirmed

Whether Google staff review abuse-flagged prompts in Workspace Gemini.

Gemini on Workspace Individual, Business Base, or legacy G SuiteRedRated Red. Despite the Workspace name, Gemini on these editions runs on the same consumer terms as the free Gemini app. Google trains on the chats, and human reviewers may read them. An admin can turn off Keep Activity. That lowers the risk but does not change the color, because Gemini on these editions runs on consumer terms. New chats are then no longer used for training. The consumer terms stay the same.

Gemini on Workspace Individual, Business Base, Essentials Starter, legacy G Suite, and similar editions. You use a Google Workspace account, but your edition is Workspace Individual, Business Base, Essentials Starter, legacy G Suite, Cloud Identity, Chrome Enterprise, or Android Enterprise. Google treats Gemini on these editions as an "additional service" under consumer terms. A solo lawyer paying for Workspace Individual is in this group. Google does not document an on-screen sign that shows whether a Gemini chat has business-grade protection. The account in use decides it. A personal Google account usually ends in @gmail.com. A firm account uses the firm's own domain.

Default settings Red

Users are subject to the Google Terms of Service and the Gemini Apps Privacy Notice. Google says human reviewers may read their chats. Google also says it may use the chats to improve its products, including its AI models.

With the settings below Red

An admin can turn off Keep Activity (formerly "Gemini Apps Activity") for these users. Users on work accounts cannot turn it off themselves. With it off, new chats are not used for training. Google keeps them 72 hours.

What the settings do not change: The consumer terms remain, with no data processing agreement. Human review for safety is still possible. Feedback still sends recent chats to Google. On Business Base or legacy G Suite, the admin may control this setting.

Settings that lower the risk

Keep Activity (formerly Gemini Apps Activity)What it does: Stops future chats being used to train Google's models (72-hour copy still kept).
Upgrade to a qualifying editionWhat it does: Business Starter and above include Gemini as a core service with contractual no-training terms.

Worth knowing

Business protection for Gemini depends on the Workspace edition, not on having a paid Workspace account.
Pressing thumbs up or down sends recent chats to Google for review.
Files uploaded to the Gemini app on these editions are handled under the consumer rules.

What the policy says

On consumer terms apply

“subject to the Google Terms of Service and the Gemini Apps Privacy Notice”

Turn the Gemini App on or off (Workspace Admin Help), As an additional Google Service, Last updated Oct. 22, 2026. Read the source

On human review and training

“Their chats may be reviewed by human reviewers and used to improve Google's products”

Turn the Gemini App on or off (Workspace Admin Help), As an additional Google Service, Last updated Oct. 22, 2026. Read the source

Your data, in plain English

How long it is kept: As for personal accounts: 18 months by default, 72 hours with Keep Activity off, and up to three years for chats read by human reviewers.
What happens after you delete: Google aims to remove the chat from view immediately, then deletes it from storage; no deadline is stated.
Copies kept anyway: Chats already read by human reviewers are kept up to three years.
Temporary chat: As in the Gemini app, where available on the account. Temporary chats are kept 72 hours.
Memory: As in the Gemini app card.
Who at the provider can read it: Yes. Google says chats may be reviewed by human reviewers.
Who else receives it: As in the Gemini app card (Google Privacy Policy and Gemini Apps Privacy Notice).
Contract: Consumer terms: Google Terms of Service and Gemini Apps Privacy Notice; no Cloud DPA coverage for Gemini.

All sources for this plan (5)

Turn the Gemini App on or off (Workspace Admin Help), Comparison table. Supports: list of additional-service editions.
Manage & delete your activity in Gemini Apps, Turn off Keep Activity. Supports: Keep Activity path; 72 hours.
Gemini Apps Privacy Hub, How long we retain your data. Supports: 3-year retention of reviewed chats.

Last checked against Google's pages on October 25, 2026.

Not yet confirmed

Whether users on Workspace Individual can turn off Keep Activity themselves, and whether it is on by default for these accounts.
Current prices for Workspace Individual and Business Base not researched.

Our criteria

How we rate

Each color answers one question: may a D.C. lawyer put client confidences and secrets into this plan? Each plan has one color, set by its contract. The settings in each entry lower the risk but do not change the color. The full method, with the ethics rules behind each test, is on the tracker page.

Green

Fit for client confidences and secrets, after your usual vendor checks. All five are true:

(1)A contract forbids the provider to train AI models on your content or use it for its own purposes.
(2)A contract makes your content confidential and requires notice of a subpoena or government demand.
(3)Staff and subcontractors see it only to run, support, or secure the service. Any outside AI model company is bound by the same terms.
(4)Your organization can delete it or set how long it is kept.
(5)The contract requires notice of a security breach, and an independent audit (SOC 2 Type II or ISO 27001) covers the service.

Yellow

Use for client confidences only after you deal with the gap. A business contract forbids training and limits use, but at least one Green condition is missing. Common gaps:

(1)Your organization cannot delete content or set retention.
(2)An outside AI model company works under its own terms.
(3)The contract lets the provider use your content, even de-identified, for its own purposes.
(4)The contract does not treat your content as confidential.
(5)The contract bars personal data, which client files contain.

Red

Keep client confidences and secrets out. At least one of these is true:

(1)The provider trains AI models on your content, or its terms let it.
(2)Your content is used to choose ads.
(3)Only consumer terms apply, so no contract keeps your content confidential.

Turning training off does not change the color. The only exception is the client's informed consent (D.C. Rule 1.6(e)(1)), and D.C. Bar Opinion 388 says clients typically should not be asked to consent to disclosures this broad.

Last checked against the provider's own pages on October 25, 2026. Quotations are kept short and link to the full page. Where the provider does not say something, we say so rather than guess. Ratings describe each provider's published standard terms; large customers often sign negotiated agreements that may differ. General information prepared by the BADC Young Lawyers Section AI Committee, not legal advice. Spotted an error or a change? Write to YLS@badc.org with the subject "Tracker correction."

Questions about the AI Committee, or want to get involved? Write to us directly.

YLS@badc.org