Currently, no such legal safeguards exist for chatbot users. In a July interview, Altman warned that courts could compel OpenAI to hand over private chat data, noting that a federal court has already ordered the company to preserve all ChatGPT logs, including deleted ones. This ruling has raised concerns about user trust and OpenAI’s exposure to legal risks.
Experts are divided on whether Altman’s vision could become reality. Peter Swire, a privacy and cybersecurity law professor at Georgia Tech, explained that while companies seek liability protection, advocates want access to data for accountability. He noted that full privacy privileges for AI may only apply in “limited circumstances,” such as when chatbots explicitly act as doctors or lawyers.
Mayu Tobin-Miyaji, a law fellow at the Electronic Privacy Information Center, echoed that view, suggesting that protections might be extended to vetted AI systems operating under licensed professionals. However, she warned that today’s general-purpose chatbots are unlikely to receive such privileges soon. Mental health experts, meanwhile, are urging lawmakers to ban AI systems from misrepresenting themselves as therapists and to require clear disclosure when users are interacting with bots.
Privacy advocates argue that transparency, not secrecy, should guide AI policy. Tobin-Miyaji emphasized the need for public awareness of how user data is collected, stored, and shared. She cautioned that confidentiality alone will not address the broader safety and accountability issues tied to generative AI.
Concerns about data misuse are already affecting user behavior. After a May court order requiring OpenAI to retain ChatGPT logs indefinitely, many users voiced privacy fears online. Reddit discussions reflected growing unease, with some advising others to “assume everything you post online is public.”
While most ChatGPT conversations currently center on writing or practical queries, OpenAI’s research shows an increase in emotionally sensitive exchanges.
Without formal legal protections, users may hesitate to share private details, undermining the trust Altman views as essential to AI’s future. As the debate over AI confidentiality continues, OpenAI’s push for privacy may determine how freely people engage with chatbots in the years to come.
