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AI Innovation Meets Privacy Regulation: Key Takeaways from the OPC’s Investigation into OpenAI

June 8, 2026 | Lisa R. Lifshitz, Roland Hung, Laura Crimi - Torkin Manes

Overview

In November 2022, ChatGPT, a generative AI chatbot designed to allow users to input prompts and receive an AI-generated response, was first released to the public. While the platform has transformed how individuals and businesses interact with AI, it has also raised significant concerns regarding the collection, use and disclosure of personal information in the development and deployment of AI models.

On April 4, 2023, the Office of the Privacy Commissioner of Canada (the “OPC”) announced that it had launched an investigation of Open AI OpCo, LLC (“OpenAI”), the company behind the AI-powered chatbot ChatGPT. On May 6, 2026, the OPC, together with the Commission d’accès à l’information du Québec (the “CAI”), the Office of the Information and Privacy Commissioner for British Columbia (the “BC IPC”), and the Office of the Information and Privacy Commissioner of Alberta (the “AB IPC”), (collectively, the “Privacy Commissioners” and individually each a “Privacy Regulator”), revealed their findings following a joint investigation into how OpenAI sourced training data for ChatGPT models GPT-3.5 and GPT-4, and whether those practices complied with applicable Canadian federal and provincial privacy laws. 

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