LinkedIn Exposed Premium Members’ InMail Messages to Train AI Models, Class Action Lawsuit Claims

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LinkedIn Corporation illegally shared the contents of premium users’ private InMail messages with third parties to train generative artificial intelligence (AI) models without consent, a proposed class action lawsuit alleges.

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The 21-page lawsuit says LinkedIn “quietly” introduced a new privacy setting in August 2024 that automatically opted users into allowing the professional social media network, an unnamed provider and third-party affiliates—including LinkedIn parent company Microsoft—to train AI systems using their personal data.

According to the filing, the defendant’s AI-related data-sharing includes messages sent through InMail, a LinkedIn Premium feature that allows subscribers to contact members they’re not connected with.

“Given its role as a professional social media network, these communications include incredibly sensitive and potentially life-altering information about employment, intellectual property, compensation, and other personal matters,” the complaint stresses.

Such unauthorized transmissions were a breach of LinkedIn’s contractual obligations to refrain from disclosing premium subscribers’ confidential communications to third parties, among other enhanced data protection promises, the filing alleges.

Per the case, LinkedIn neglected to update its privacy policy to disclose that it was sharing users’ personal data for generative AI training until the new setting garnered media attention on September 18 of last year. The suit says the defendant also buried a disclosure informing users that they could opt out of having their data used for training purposes moving forward. Notably, LinkedIn admitted that users’ data would not be removed from existing AI models even if they opt out of future disclosure, the case shares.

“LinkedIn’s actions, including discreetly introducing a new privacy setting, concealing critical data disclosures, and stealthily altering its privacy policies and statements, indicate a pattern of attempting to cover its tracks,” the complaint claims. “This behavior suggests that LinkedIn was fully aware that it had violated its contractual promises and privacy standards and aimed to minimize public scrutiny and potential legal repercussions.”

The case argues that LinkedIn’s alleged exposure of users’ private messages to Microsoft without permission raises “grave privacy issues,” as sensitive data pulled from their InMail discussions could surface across Microsoft’s AI product suite. For instance, the complaint says, confidential job searches could appear as Word suggestions, or business strategies could pop up in Teams chat completions.

“Moreover, LinkedIn’s own statements suggest that data was disclosed to other third-party providers not included within Microsoft’s corporate structure, heightening these concerns,” the suit relays. “Embedding personal communications in the AI models of unknown third-party providers without explicit consent may lead to unintended profiling, biased decisions, and misuse in sensitive contexts like employment.”

The lawsuit looks to represent any LinkedIn Premium customers who sent or received InMail messages and whose private communications were disclosed by LinkedIn to third-party entities, including other Microsoft affiliates, for AI training purposes prior to September 18, 2024.

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