Offer letters and AI confidentiality: what a job offer gives away in ChatGPT or Claude.

The offer letter is the document the whole search has been building towards, and agencies often draft it for the client from the agreed terms. It carries the candidate’s home address, the package, a sign-on payment worked out from what they will give up at their current employer, the conditions of the offer, and sometimes the agency’s own drafting notes. Consultants paste the draft into ChatGPT or Claude to polish the wording. This page marks every item in a routine offer letter that the Privacy Act and the client relationship touch, and shows how the same letter is drafted on Ermos inside the agency.

The offer letter

Drafted when the client has chosen a candidate and the package is agreed, usually the same day, and sent by the client or by the agency on its behalf. It is the moment the candidate and the client are most exposed to each other.

Northgate Freight Solutions Pty Ltd

2 November 2026

Dear Nina,

Offer of employment. We are delighted to offer you the permanent, full-time position of .

Remuneration.

Conditions.

Probation and notice.

Yours sincerely,

Head of Finance Operations

An invented offer letter. All people and companies are fictional. Hover or tap any highlighted item for the analysis; the full list is below.

What leaves the agency

  1. 1
    The candidate and her home address

    A named person at a residential address. Personal information, and the information a fraudster needs to impersonate an employer. Privacy Act guide.

  2. 2
    Role, manager, location and start date

    The position, the reporting line and the date the candidate will leave her current employer. Tells her employer exactly when she goes if the letter surfaces.

  3. 3
    Salary and allowance

    The agreed package. Personal information once it relates to an identifiable person, and the client’s commercial information. Privacy Act guide.

  4. 4
    A sign-on payment and her current bonus

    A payment calibrated to the bonus she will forgo, which discloses her current package, and a statement of her notice owed to another employer. Privacy Act guide.

  5. 5
    Conditions: references, police check and right to work

    A national police check can only be run with the individual’s consent, according to the ACIC (apart from limited law enforcement, immigration and administration of justice purposes), and the applicant must also permit the employer to use the result. A check result would be criminal record information, which is sensitive information under the Privacy Act, and the NSW rules on spent convictions bear on what an employer may ask. Privacy Act guide.

  6. 6
    Probation, notice and a restraint

    Terms that bind the candidate after she joins. The employer’s standard terms, specific here to one person.

  7. 7
    A deadline and a counter-offer instruction

    A date and a request to call before answering her employer. It tells a competitor how the client expects to be pre-empted.

  8. 8
    The signatory

    Ties the letter to a named manager who has authority to bind the company.

  9. 9
    The agency’s fee note

    A draft note that reveals the agency’s fee on this placement. Commercial information about the agency and the client, left in a draft that is meant to go to one party only.

What happens in Frontier Models (ChatGPT, Claude)

  • The whole document is transmitted to the provider’s servers. On personal plans the user cannot choose where it is stored or processed, and for the major providers that has generally meant outside Australia, under that country’s legal process. Some business plans offer storage in Australia, but the provider still receives the content.
  • On consumer tiers, prompts can be retained and used to train future models.
  • The provider’s staff and systems can reach the content under the provider’s own policies.
  • Once sent, the agency no longer controls it. Retention and deletion happen on the provider’s terms.

The same document on Ermos

Ermos Dominion

The document is drafted on a unit in your office, from your own templates and the candidate file. Every marked item stays on the unit, which keeps working with the internet switched off. Nothing in it is transmitted to an AI provider, so there is no disclosure to analyse: the confidentiality work is the same as for your file server.

Ermos Edge

Your documents, the index and your access boundaries stay on your own instance in an Australian data centre. When a staff member asks for this draft, only their question and the excerpts they are permitted to see go to a named Australian provider, who is contractually barred from keeping the content or training any model on it. Nothing is processed outside Australia.

Frontier Models (ChatGPT, Claude)Ermos EdgeErmos Dominion
Where the document is processedProvider servers, generally offshore on personal plansYour instance in an Australian data centre; answers generated in AustraliaThe unit in your office
Who can read itProvider staff and systems, under policyYour staff, within the boundaries you set. The named Australian provider processes only permitted excerpts, under contract, and keeps nothingYour staff only
Is it keptOn the provider’s termsKept on your instance; the provider is barred from retaining itStays on the unit
Can it train a modelOn consumer tiers, yesNo, by contractOnly your own unit learns from it, on your hardware

Part of AI data leakage in recruitment agencies.

Common questions

Do ChatGPT and Claude use the information in an offer letter?
Yes, everything pasted or uploaded is sent to the AI company's servers and processed there to produce a reply. As at October 2026, whether a conversation on a personal plan (ChatGPT Free, Plus or Pro; Claude Free, Pro or Max) can be used to train the models depends on a setting each user controls. Business plans (ChatGPT Business and Enterprise, Claude Team and Enterprise) and the developer APIs sit under commercial terms, and OpenAI and Anthropic each say they do not train on that content by default (OpenAI, Anthropic). On either product, the thumbs up and thumbs down buttons can send a whole conversation back for training. An offer letter holds Nina's home address, her package and a sign-on payment worked out from the bonus she will forgo at her current employer.
Is it safe to paste an offer letter into ChatGPT or Claude before it is sent?
No, because a draft holds more than the letter the candidate will read. The Office of the Australian Information Commissioner (OAIC) recommends in its guidance on commercially available AI products that organisations do not enter personal information, and particularly sensitive information, into publicly available generative AI tools, because of the significant and complex privacy risks. This one gives Nina's start date of 7 December 2026, which tells her employer when she leaves, and a police check condition. It also carries the agency's own fee note, marked not for the candidate.
Does deleting the chat remove an offer letter from ChatGPT or Claude?
Not entirely. Deleting a chat removes it from the user's history, but OpenAI and Anthropic each say they can keep a deleted chat on their systems for up to 30 days, and longer where safety or legal obligations apply (OpenAI, Anthropic). Deleting the chat also does not recall the letter. Nina's address, her package and the agency's fee note have already reached the AI company by then, whether or not she accepts.
How can a recruitment agency use AI for an offer letter without sending it to ChatGPT or Claude?
Ermos is built so the document stays under your control. On the Dominion AI unit it is drafted inside your office and none of it is sent to an AI provider. On Ermos Edge your documents and index stay on your own instance in an Australian data centre, and only the question and the excerpts the user is permitted to see go to a named Australian provider that is contractually barred from keeping them or training any model on them. Ermos drafts the letter from the agreed terms and the client's own offer template. The consultant checks every figure and condition against the terms before the client signs and sends it.
Do we need the candidate's consent for a police check?
The ACIC says a check through the National Police Checking Service can only be conducted with the applicant's consent, apart from limited law enforcement, immigration and administration of justice purposes, and the consent is specific to the purpose. Criminal record is also sensitive information under the Privacy Act. A condition in an offer letter should be matched by a separate, specific consent form.
What happens to pre-employment records once the candidate is hired?
The OAIC says that once a person becomes an employee, pre-employment check records held about them by the employer can fall within the employee records exemption. That belongs to the employer. The agency is a different organisation, and the OAIC says the exemption is unlikely to apply to organisations that provide recruitment services under contract to an employer.
Why is a sign-on payment sensitive?
Because it is calculated from what the candidate will lose by leaving, so it reveals her current bonus and the date she is leaving. It is personal information about her, and in the wrong place it tells her employer she is going before she has resigned.

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