Brazil: Federal Public Prosecutor's Office issued a formal recommendation to OpenAI to include a special notice concerning personal data insecurity on ChatGPT

Description

Federal Public Prosecutor's Office issued a formal recommendation to OpenAI to include a special notice concerning personal data insecurity on ChatGPT

On 14 May 2025, the Brazilian Federal Public Prosecutor's office (MPF) issued a formal recommendation to OpenAI regarding potential violations of data subject rights under the General Law on the Protection of Personal Data (LGPD). The MPF recommended that OpenAI include a specific notice to ChatGPT to explicitly warn users when a response contains information generated by the model rather than from a verified source. The MPF argues that ChatGPT's current disclaimers are too generic to protect data subjects' rights. First, the MPF argues that the generation of misleading or false information could breach several articles of LGPD, involving issues of data accuracy, transparency, security, and prevention. Second, the MPF states that the justification of “legitimate interest” is insufficient to cover the unchecked spread of fabricated personal details, which could lead to reputational harm. OpenAI must implement the recommendation within 15 days or provide a justification for non-compliance.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
ML and AI development
Implementation Level
national
Government Branch
executive
Government Body
other regulatory body

Complete timeline of this policy change

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2025-05-14
in force

On 14 May 2025, the Brazilian Federal Public Prosecutor's office (MPF) issued a formal recommendati…