A quick update on a new development with OpenAI’s ChatGPT. One of the concerns raised by users of ChatGPT is the ability of OpenAI to use queries for the training of the GPT model, and therefore potentially expose confidential information to third parties. In our prior post on ChatGPT risks and the need for corporate policies, we advised that if an organization using ChatGPT was concerned with this confidentiality issue it could use ChatGPT’s opt-out form to exclude inputs from the training process.  On April 25, 2023, OpenAI made the opt-out process easier, and announced that it has given users a new settings option to disable ChatGPT from showing chats in a user’s history sidebar and from using chats to improve ChatGPT via model training.  The announcement noted, however, that even if this option is selected, OpenAI will still retain conversations for thirty days and “review them only when needed to monitor for abuse, before permanently deleting.”  Users can find a toggle switch on the Settings menu, under “Data Controls.”  In addition, there is a new “Export” option in settings that allows users to export their ChatGPT data and receive a copy of it via email.

While prior to this development, users could elect to exclude their inputs from model training, some found the process of submitting the opt-out form to be cumbersome.  This new switch, which simplifies the process considerably, will allow more users to take advantage of the confidentiality feature.

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Photo of Jeffrey Neuburger Jeffrey Neuburger

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise…

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise, combined with his professional experience at General Electric and academic experience in computer science, makes him a leader in the field.

As one of the architects of the technology law discipline, Jeff continues to lead on a range of business-critical transactions involving the use of emerging technology and distribution methods. For example, Jeff has become one of the foremost private practice lawyers in the country for the implementation of blockchain-based technology solutions, helping clients in a wide variety of industries capture the business opportunities presented by the rapid evolution of blockchain. He is a member of the New York State Bar Association’s Task Force on Emerging Digital Finance and Currency.

Jeff counsels on a variety of e-commerce, social media and advertising matters; represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements; advises on the implementation of biometric technology; and represents clients on a wide range of data aggregation, privacy and data security matters. In addition, Jeff assists clients on a wide range of issues related to intellectual property and publishing matters in the context of both technology-based applications and traditional media.