CONFIDENTIALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: RETHINKING LEGAL DUTIES IN AUTOMATED DECISION-MAKING

Ubaydullayeva, Anna

International Conference on Law, Governance and Social Transformation | Volume 2, Issue 1 (2026) | Pages 9-14

CONFIDENTIALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: RETHINKING LEGAL DUTIES IN AUTOMATED DECISION-MAKING

Anna Ubaydullayeva ^*

Tashkent State University of Law

Abstract

The rapid integration of artificial intelligence (AI) and automated decision-making (ADM) systems into professional services has created a profound tension between technological efficiency and the traditional legal duty of confidentiality. This article examines the shifting landscape of professional secrecy, specifically focusing on how large language models and autonomous algorithms challenge the established frameworks of attorney-client privilege and data protection. Through an analysis of current regulatory responses, including the European Union’s AI Act and recent professional ethics opinions, the study identifies critical vulnerabilities in data retention, model training, and third-party access. The research concludes that traditional "notice and consent" models are insufficient for the opaque nature of AI processing. Instead, a "zero-trust" governance framework is proposed, necessitating a redefinition of legal duties to include algorithmic transparency and proactive data redaction as foundational components of modern professional ethics.

Keywords

Artificial Intelligence Confidentiality Automated Decision-Making Legal Ethics Data Privacy Professional Duty

References

                        Bergman, R. (2026). Why legal professionals must use redaction tools before using AI. Mediate. https://mediate.com/protecting-clients-preserving-privilege-and-avoiding-liability-why-legal-professionals-must-use-redaction-tools-before-using-ai/
Gartner. (2026). What should we do when AI starts believing its own fiction? LiveMint. https://www.livemint.com/newsletters/tech-talk/what-should-we-do-when-ai-starts-believing-its-own-fiction-11769740508304.html
Juliussen, K. (2025). Rethinking the judicial duty to state reasons in the age of automation? Cambridge Forum on AI Law and Governance. https://www.cambridge.org/core/journals/cambridge-forum-on-ai-law-and-governance/article/rethinking-the-judicial-duty-to-state-reasons-in-the-age-of-automation/0984E85BC2519D5E5E448FAFCCBD98F6
LeanLaw. (2025). AI Privacy Risks: Protecting client data in 2025. https://www.leanlaw.co/blog/what-are-the-data-privacy-implications-of-using-ai-tools-with-confidential-client-information/
Solove, D. J. (2025). Artificial intelligence and privacy. Florida Law Review. https://www.floridalawreview.com/article/129976-artificial-intelligence-and-privacy.pdf
Walter, A. N. (2025). Artificial intelligence and attorney-client privilege. Walter Counsel. https://waltercounsel.com/artificial-intelligence-and-attorney-client-privilege/                    

Published January 28, 2026

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