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Freedom251 › Blog › AI chatbots

Can Government Employees Enter Confidential Information Into AI Chatbots?

By Freedom251 Team · · 5 min read

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Usually, no. Government employees should not enter confidential, sensitive, or other nonpublic work information into a public AI chatbot. Use it only in a specific system that the employee’s agency has approved for that data and task, and follow the agency’s current rules. A tool being available on a work device—or labeled “enterprise,” “government,” or “FedRAMP”—does not by itself establish that approval.

Rules differ among employers and jurisdictions. The examples below concern U.S. federal agencies and selected state guidance; they are not a universal rule for every federal, state, local, tribal, or foreign public employer. Contractors should follow the rules that govern the work they perform.

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Why the answer is usually no

A public chatbot is not automatically an authorized place to process government information. The key question is not simply which company made the chatbot, but whether the exact service and account are approved by the employee’s agency for the particular data classification and purpose.

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The U.S. Government Accountability Office reported on July 29, 2025, that all 12 selected agencies that allowed generative AI restricted its use in some capacity; 11 of the 12 reported specific appropriate-use guidelines. GAO described GSA and DHS as examples of agencies limiting commercial generative AI to publicly available information, and VA as prohibiting public web-based generative AI services with sensitive VA data. These are findings about selected agencies, not a statistical estimate or rule for every public employer. Read GAO’s report.

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GAO also reported that OMB issued M-25-21 in April 2025, replacing M-24-10, and that M-25-21 requires agencies to develop acceptable-use policies for generative AI. At the time of GAO’s review, selected agencies were still working toward implementation, so employees should check their own agency’s current policy rather than assume a uniform government-wide tool list or procedure.

What information should you keep out of a public chatbot?

Unless your agency explicitly authorizes the specific system for the data and task, do not paste information that is confidential, restricted, or not intended for public release. Common examples include:

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  • Personally identifiable information (PII), health information (PHI), taxpayer information, and other regulated personal data.
  • Classified information, controlled unclassified information (CUI), and other information subject to handling restrictions.
  • Procurement-sensitive, acquisition-sensitive, vendor, financial, or evaluation material.
  • Privileged records, internal plans, draft policies, pre-decisional material, and confidential government intentions.
  • Agency proprietary, business-sensitive, or other nonpublic work information.

These categories are illustrative, not a single government-wide classification list. For example, IRS rules prohibit entering a broad range of protected and restricted material into public, non-Treasury, or otherwise unauthorized AI systems, and warn that apparently innocuous work-related details can pose risks. See the IRS Internal Revenue Manual. CMS guidance specifically bars putting PII, PHI, sensitive CMS information, and pre-decisional government intentions or confidential plans into publicly accessible AI platforms, chatbots, or prompts. Read CMS guidance.

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State rules can be explicit, too. Pennsylvania’s AI policy says information a user would not place in public-facing documents or emails should not be entered into public generative AI tools, and bars class C data—including PII, PHI, regulated, confidential, nonpublic, and privileged information—from generative AI prompts, tools, or systems. That is a Pennsylvania-specific example, not a rule for other employers. Read Pennsylvania’s policy.

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When can a government employee use a chatbot with sensitive data?

Only when the employee’s agency has approved the exact tool or instance for the information and purpose in question, and the proposed use follows applicable policy. Approval can be narrower than the tool’s general availability: one system may be approved for public information or coding but not for sensitive documents, while another may be approved for particular sensitive-data uses.

VA illustrates why checking the precise approval matters. Its guidance says sensitive VA data may be used only with a tool that has a VA Authority to Operate (ATO) covering that use. The VA list identifies Microsoft Copilot Chat and VA GPT as available to VA employees and contractors for chat and document editing and approved for VA sensitive data; GitHub Copilot is listed for coding but not sensitive VA data. The guidance also lists gated tools approved for sensitive data, including Claude for Gov and ChatGPT FedRAMP. These are VA-specific approvals and must not be treated as permission for another agency’s employees. Check VA’s current guidance.

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As VA puts it: “Even if a website with a tool is accessible on VA’s network, employees cannot use the tool with VA sensitive data unless the tool has a VA ATO that allows its use with sensitive data.” A login gate or access from a work network is therefore not enough to establish authorization.

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How to decide before pasting work information

  1. Identify the data. Check its classification and handling rules before copying it into a prompt. If it is personal, health-related, taxpayer-related, procurement-sensitive, classified/CUI, privileged, pre-decisional, confidential, nonpublic, or otherwise restricted, treat it as restricted unless the governing policy says otherwise.
  2. Identify the exact chatbot instance and account. Confirm that the agency procured or authorized it, and that approval covers the data sensitivity, category, and intended task. Do not rely on the brand name alone.
  3. Read the current agency and tool-specific rules. Check acceptable-use guidance and any instructions for the approved service. If the answer is unclear, do not submit the material until the agency’s security, privacy, records, or AI authority confirms permission.
  4. Limit what you share. Even in an approved system, use only information permitted for that task and follow minimum-necessary, privacy, and records-management requirements. An approval is not permission to paste unrelated records or more information than the task requires.
  5. Review the output. Verify generated text against authoritative sources before using it in a decision, official communication, or record. The employee remains responsible for the prompt and how the output is used.
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What if you already entered sensitive information?

Report the possible disclosure promptly through your employer’s incident process. Do not assume that deleting the prompt or chat resolves the exposure; use the agency’s designated reporting channel and follow its instructions. Reporting channels vary by employer. CMS, for example, directs users to report suspected or verified privacy breaches or unintended disclosure to its IT Service Desk. See CMS reporting guidance. VA’s guidance also covers responsible use and directs VA personnel to follow applicable procedures. See VA guidance.

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How to compare chatbot approvals

If you are choosing among services for official work, compare the agency’s authorization and permitted use—not just product names or privacy claims. Confirm:

  • Whether the agency has approved the exact service, instance, and account.
  • Which data classifications and work purposes the approval covers.
  • Identity, access-control, and any gated-use requirements.
  • Applicable data retention, use, and disclosure terms.
  • Records-management and audit requirements.
  • How users report an incident and how generated output must be reviewed.

There is no single cross-government product ranking or universal service-term standard established by the cited guidance. Follow the approval catalog and instructions that apply to your agency and role.

Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.

Special offer. See more information about Outbyte and uninstall instructions. Please review EULA and Privacy policy.

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