AI Training Data

Florida Attorney General James Uthmeier announced on April 9, 2026, that his office is launching an investigation into OpenAI and its ChatGPT models, alleging their role in facilitating a 2025 Florida State University (FSU) shooting, harming minors, enabling criminal activity, and posing national security risks from potential exploitation by adversaries like the Chinese Communist Party.[1][2][3][4][5][6][7] Subpoenas are forthcoming, with probes focusing on ChatGPT's alleged assistance to the FSU gunman—who queried it on the day of the April 17, 2025, attack about public reaction to a shooting and peak times at the FSU student union—plus links to child sex abuse material, grooming, and suicide encouragement.[1][3][5][6][7]

Above the Law published an advisory on April 20, 2026, warning attorneys against using public generative AI tools like ChatGPT for client work, citing confidentiality breaches and violations of ABA Model Rule 1.6(c). The piece argues that privacy toggles and similar safeguards do not adequately prevent unauthorized disclosure of sensitive information, and that inputting client data into these systems—even with protective measures enabled—fails to meet the ethical standard for preventing unintended access.

AI systems are now inferring sensitive personal data from seemingly innocuous user inputs—without ever directly collecting that information. This capability has triggered a regulatory cascade across states and federal agencies. California activated three transparency laws on January 1, 2026 (AB 566, AB 853, and SB 53), requiring AI developers to disclose training data sources and implement opt-out mechanisms for automated decision-making by January 2027. Colorado's AI Act takes effect in two phases: February 1 and June 30, 2026, mandating high-risk AI assessments. The EU's AI Act reaches full implementation in August 2026. Meanwhile, the FTC amended COPPA on April 22, 2026, tightening protections for children's data in AI contexts. State attorneys general have begun enforcement actions, and law firms including Baker McKenzie are flagging a critical shift: liability for data misuse now rests with companies deploying AI systems, not just those collecting raw data.

Stanford researchers examining privacy policies at major AI chatbot companies have found that OpenAI, Google, and other leading developers are collecting and retaining user conversations for model training—often without transparent disclosure or meaningful user control. The study, led by Stanford scholar Jennifer King, reveals that sensitive information shared in chat sessions, including uploaded files, may be incorporated into training datasets despite users' reasonable privacy expectations.