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ARTICLE · 06 AUGUST 2026

Actionable Privacy Practice Takeaways From The Joint Investigation Of OpenAI: A Practical Compliance Guide For AI Developers

Gowling WLG
Gowling WLG
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Gowling WLG

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Canadian privacy regulators have issued comprehensive findings on OpenAI's ChatGPT practices, establishing new compliance expectations for AI developers across consent requirements, data accuracy, and individual rights. The joint investigation by federal and provincial privacy commissioners reveals critical divergences in how different jurisdictions interpret consent for training data, while providing practical guidance on implementing access, correction, and deletion rights within the technical constraints

CanadaPrivacy
Caitlin Schropp
Caitlin Schropp
Wendy Wagner
Wendy Wagner
Antoine Guilmain
Antoine Guilmain
Jasmine Samra
Jasmine Samra
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On May 6, 2026, the Office of the Privacy Commissioner of Canada (OPC), together with the Commission d’accès à l’information du Québec (“CAI”), the Office of the Information and Privacy Commissioner for British Columbia (“OIPC-BC”), and the Office of the Information and Privacy Commissioner of Alberta (“OIPC-AB”) (the “Offices”), jointly released findings from their investigation into OpenAI’s privacy practices related to ChatGPT.

The Offices’ investigation was originally commenced in April 2023 as a result of an individual complaint to the OPC. By May 2023, the OPC closed the individual complaint and initiated a broader joint inquiry with privacy regulators from Québec, British Columbia, and Alberta. The investigation examined compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), Québec’s Act Respecting the Protection of Personal Information in the Private Sector (“Québec’s Private Sector Act”), British Columbia’s Personal Information

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