If you’re using ChatGPT for emotional support or personal advice, you might want to think twice. According to OpenAI CEO Sam Altman, conversations with AI don’t currently enjoy the same legal protections as those with a human therapist, doctor, or lawyer.

In a recent episode of This Past Weekend with Theo Von, Altman highlighted a significant gap in today’s legal system: there’s no legal confidentiality when your therapist is an AI.

“People share the most personal stuff with ChatGPT,” Altman said. “Young people especially use it as a therapist or life coach, asking questions like, ‘What should I do about this relationship?’ If you spoke to a real therapist or lawyer, that conversation would be protected by legal privilege. But we haven’t figured out how to apply that to AI yet.”

This lack of protection could have serious implications. In legal proceedings, for example, OpenAI could be required to hand over user conversations. “I think that’s very screwed up,” Altman said. “We should have the same expectations of privacy with AI as we do with professionals like therapists. And no one was really thinking about that even a year ago.”

The issue isn’t just theoretical. OpenAI is currently appealing a court order tied to its legal battle with The New York Times, which would force the company to preserve and potentially share user chats — except for those of Enterprise customers. OpenAI called the order “an overreach” and warned that if upheld, it could open the door to more legal demands for user data.

As AI becomes more embedded in everyday life, concerns about data privacy are growing — especially when legal protections lag behind technology. Tech companies, including OpenAI, are regularly served subpoenas for user data, often for use in criminal investigations. But as laws change, especially around issues like reproductive rights, people are becoming more cautious. After Roe v. Wade was overturned, for instance, many users began switching to encrypted period-tracking apps or Apple Health to better protect their data.

Altman acknowledged this hesitation during the podcast, asking Von about his own ChatGPT use. Von replied that he doesn’t use it much, citing privacy concerns.

“I think it’s totally reasonable to want more clarity on privacy before using ChatGPT heavily,” Altman said. “Especially legal clarity.”

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