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ARTICLE · 15 MARCH 2023

ChatGPT And Healthcare Privacy Risks

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Since its launch in November 2022, ChatGPT ("GPT" stands for Generative Pre-trained Transformer), a type of artificial intelligence model, has gained over a million users.

United StatesPrivacy
Aileen T. Murphy
Aileen T. Murphy
Cynthia Suarez
Cynthia Suarez
Kara Du
Kara Du
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Since its launch in November 2022, ChatGPT ("GPT" stands for Generative Pre-trained Transformer), a type of artificial intelligence model, has gained over a million users. ChatGPT is used by entities in a wide variety of industries. On March 1, 2023, OpenAI, the developer of ChatGPT, updated its data usage policies1 noting that (i) OpenAI will not use data submitted by customers to train or improve its models unless customers expressly opt-in to share such data, and (ii) OpenAI also will enter into business associate agreements in support of applicable customers' compliance with the Health Insurance Portability and Accountability Act ("HIPAA").

With these changes, the growing publicity surrounding ChatGPT, and the expected growth of artificial intelligence in the healthcare industry, entities and individuals in the healthcare industry will need to carefully consider and evaluate their use of ChatGPT to ensure their compliance with applicable

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