In an era when artificial intelligence (AI) tools are just a click away, it’s tempting to turn to them for help—especially when navigating the complex and often isolating path of whistleblowing. But for those considering reporting corporate misconduct, researching and drafting whistleblower complaints using public AI platforms such as ChatGPT, Gemini, or Bard, among others, may do more harm than good.
Confidentiality May Be Compromised
What you put into an AI tool is not necessarily private. Anything you type—your story, your documents, your questions—can be stored, analyzed, and even used to train future versions of the AI. Even more concerning, some courts have held that AI companies may be required to turn over your communications—meaning your questions, doubts, and fears about your case might wind up in the hands of the very company you’re considering reporting. In a particularly complex area of law, reporting to an AI may violate employer confidentiality agreements, compromising your identity.
Consulting a lawyer about these complex rules and regulations might be a much better play. In the area of whistleblower reporting, attorney-client communications are most often privileged, and won’t be turned over absent very specific and limited circumstances.
|
Communications with an AI |
Communications with a whistleblower lawyer |
| Is it privileged? |
No—and it may be “discoverable” in litigation, meaning you might have to share it the other side. |
Generally, yes. |
| Is it permissible to disclose confidential company information? |
Not necessarily, especially if it violates your employer’s confidentiality and non-disclosure agreements. It may also violate legal protections for trade secrets and other confidential information. |
There are legal and public policy exceptions that allow you to discuss confidential information with your attorney when you’re considering a whistleblower case. This does not apply to some types of information, like attorney-client privileged information or classified information. |
| Will it get out? |
In some cases, AI companies are already being forced to retain and disclose information users’ queries. |
An attorney is required to keep your information confidential. |
In short, what feels like a safe, anonymous way to “test the waters” could end up jeopardizing your case and your career.
AI Doesn’t Know Your Story—And It Can’t Tell It for You
Whistleblowers often face retaliation, isolation, and doubt. In that context, it’s understandable that a whistleblower might seek clarity or validation from a tool that promises quick answers to highly complex questions. But AI doesn’t understand nuance. It doesn’t know your workplace, your manager, or the retaliation you’ve endured. It can’t grasp the emotional toll of being silenced or the courage it takes to speak up. And, these tools might come up with some good responses, some research suggests that they’re not as good at human beings at generating empathetic responses.
Worse, AI tools frequently generate inaccurate or misleading information. They may:
- Invent legal claims that don’t exist;
- Cite laws that are irrelevant—or entirely fictional;
- Suggest the statutory benefits of internal reporting without understanding the nuances and significant risks;
- Omit or misunderstand the import of filing with one whistleblower program over another;
- Inflate the value of your case, setting unrealistic expectations; and,
- Recommend negotiation tactics with an employer that could backfire or be construed as threats or even extortion.
For whistleblowers, relying on AI for legal advice can harm your case in serious and sometimes irreversible ways. It can also anchor you to outcomes that are not realistically achievable based on outlier cases that don’t reflect your specific facts.
Your Voice Matters.
Whistleblowers’ voices are one of their most powerful tools, making stories real, credible, and human. But when AI rewrites your emails or drafts your complaints, it replaces your voice with an artificial voice. That can make it harder for your legal team to understand your individual experience—and harder for others to believe it.
On a regular basis, attorneys see artificial narratives; clients who unknowingly undermine their own credibility by submitting AI-generated statements that sound robotic, impersonal, or legally off-base. We can spot AI-generated emails. We can spot AI-generated case summaries. An AI-assisted summary is never as reliable or valuable as your own work product.
In whistleblower cases, where trust and authenticity are everything, that’s a risk you can’t afford.
Are There Safer Alternatives?
If you’re considering blowing the whistle, here’s what we recommend:
- Do not put your confidential information into any AI. It can be a useful starting point for basic information on the legal landscape or to find a lawyer, but keep private information private.
- Speak to a trusted attorney directly, not through an AI filter.
- Document your experience in your own words, even if it’s messy or emotional. That’s what makes it real.
- Once you talk to an attorney, ask questions—about confidentiality, retaliation protections, and your rights. A good legal team will walk you through all of it.
AI can be a powerful tool—but it’s not a safe space for whistleblowers. If you’re thinking about coming forward, protect your story, your rights, and your voice. Don’t let technology speak for you.
