The Lawsuit That Changed Everything
In December 2023, The New York Times filed a landmark lawsuit against OpenAI and Microsoft, accusing the companies of copyright infringement by allegedly training ChatGPT on millions of its articles without permission. While the case hinges on the intellectual property of written content, it’s had an unforeseen ripple effect: a request that OpenAI be forced to indefinitely retain all user interactions with ChatGPT.
According to Altman, the implications of this demand go far beyond intellectual property rights. If the court agrees, it would mean that every personal confession, emotional outpouring, or private conversation shared with ChatGPT could be permanently stored—shattering the illusion of secure, confidential interaction.
‘AI Privilege’: A Doctor-Patient Confidentiality for the Digital Age?
Reacting publicly on X, Altman wrote, “Recently the NYT asked a court to force us to not delete any user chats. We think this was an inappropriate request that sets a bad precedent.” He confirmed that OpenAI is appealing the decision, pledging to resist any action that undermines user privacy.
Altman then introduced a provocative concept—”AI privilege”—arguing that conversations with AI should be treated with the same confidentiality as discussions with a lawyer or a doctor. “Talking to an AI should be like talking to a lawyer or a doctor,” he said. “I hope society will figure this out soon.”
What Privacy Protections Exist Now?
Currently, OpenAI offers multiple layers of privacy. Users can delete past conversations, which are then scheduled for permanent deletion from OpenAI’s systems within 30 days. The platform also includes temporary chat options that vanish as soon as the session ends. But if the courts side with the NYT, these mechanisms could become irrelevant. Brad Lightcap, OpenAI’s Chief Operating Officer, warned that the request “fundamentally conflicts with the privacy commitments we have made to our users” and “abandons long-standing privacy norms.” The potential fallout isn’t limited to just a few power users. Altman confirmed that the changes would apply to ChatGPT Free, Plus, Pro, and Team subscribers—effectively most of the platform’s global user base. Only ChatGPT Enterprise and Edu accounts would remain unaffected, at least for now.
The outcome of this court battle could define how AI platforms are treated under data privacy laws for years to come. As OpenAI continues its appeal, the tech community and users alike are watching closely. With privacy in the balance, this case could determine whether AI remains a safe digital confidante—or becomes a permanent digital record keeper.
For now, the question remains: can you truly trust that your chats with AI are yours alone? Altman hopes the answer will continue to be yes.
