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Insights/Data Use

AI Data Use Index: May 2026, week 5

Google expanded the Gemini Apps privacy notice for agentic Spark features on 19 May 2026. OpenAI refreshed its US privacy policy on 18 May 2026. This edition records what changed, who is affected, and which PSF controls practitioners should verify.

Production AI Institute · 9 min read · Updated May 2026

This weekly edition follows the AI Data Use Index methodology: official sources only, product-level scope, and no inference beyond the public record. Scan window: 19 to 26 May 2026 UTC.

Summary of material changes

Vendor / productDocumentLast updatedSignificance
Gemini AppsGemini Apps Privacy Hub & Notice19 May 2026Material: new agentic data flows (Spark, remote browser/computer, expanded Connected Apps)
ChatGPT (US)US Privacy Policy18 May 2026Material: consolidated US disclosures on training, ads, contacts, and retention

No new primary ToS or training-data policy revisions were identified for Anthropic, Microsoft 365 Copilot, Meta AI, Perplexity, or xAI consumer policies within the 19 to 26 May window. Index entries for those products are unchanged this week unless your org uses a separate enterprise agreement.

Google Gemini Apps (19 May 2026)

What changed

Google republished the Gemini Apps Privacy Notice and Privacy Hub on 19 May 2026, aligned with I/O 2026 announcements for Gemini Spark and broader agentic capabilities. The notice now documents dedicated sections for:

Google states Gemini Apps chats are not used to show ads today, with a commitment to communicate if that changes. Training use remains tied to the Keep Activity setting and separate controls for audio and Gemini Live recordings.

Who it affects

Signed-in consumer and prosumer Gemini users on Android, iOS, and web; teams evaluating Spark or Daily Brief for workflow automation; and security teams reviewing default-on Google account integrations (Gmail, Workspace, third-party Connected Apps).

PSF mapping

Practitioner action

  1. Audit Gemini Apps Activity, Keep Activity, and Personal Intelligence connectors for users with company Google accounts.
  2. Disable or restrict Gemini Spark and remote browser profiles until data flows are mapped in your register of processing activities.
  3. Update acceptable-use guidance: Canvas apps and third-party Connected Apps can retain user-shared data outside Google retention controls.

OpenAI ChatGPT US policy (18 May 2026)

What changed

OpenAI published an updated US Privacy Policy effective 18 May 2026. Notable disclosures in the public record include:

API and business offerings remain outside this consumer policy scope, governed by separate customer agreements per OpenAI.

Who it affects

US-resident or US-policy-covered ChatGPT Free, Go, Plus, and Pro accounts; employees using personal ChatGPT on corporate devices; and procurement teams comparing consumer ChatGPT to ChatGPT Enterprise.

PSF mapping

Practitioner action

  1. Re-verify Data Controls: disable model improvement and marketing sharing for any consumer account used with work content.
  2. Block or monitor contact-sync features on managed devices if your policy forbids uploading address books to consumer AI.
  3. Route production workloads to Enterprise or API tiers where training exclusions are contractually defined.

Index note: PAI records public disclosures, not vendor intent. Status labels on /ai-data-use product pages will be refreshed when methodology review completes. Use Check my AI tools to compare your stack against this edition.

Sources (primary)

  1. Google, Gemini Apps Privacy Hub, last updated 19 May 2026
  2. Google, The Gemini app becomes more agentic (blog), 19 May 2026
  3. OpenAI, US Privacy Policy, updated 18 May 2026
  4. Production AI Institute, AI Data Use Index methodology
  5. Production AI Institute, AI Policy Change Watch (May 2026 baseline edition)
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