ChatGPT Data Can Be Used As Evidence In Indian Courts

Chatgpt has become the go-to platform for everyone. No matter the issue one is facing, he/she will run to Chatgpt with their concerns. The world has changed and courtrooms are mimicking the same by allowing the use of Chatgpt history as evidence. Several recent reports, statement by Open AI CEO Sam Altman, and real-time court cases confirmed this significant change to all users of chatbot technology, especially in India.

What Did Sam Altman say?

As Sam Altman revealed in a public podcast, numerous users, and in particular younger users, refer to ChatGPT as their friend, therapist, or advisor. He emphasized a decisive distinction between discussing with doctors, lawyers, or psychiatrists, as conversations are covered by confidentiality. However, your conversation with an AI model does not have such privilege. Assuming you got into a discussion with ChatGPT and someone attempts to bring this case to court and request that your conversations be shown, OpenAI might be court-ordered to provide those, even in the case of you deleting the chats.

Sam Altman statement: “Right now, if you talk to a therapist or a lawyer or a doctor about those problems, there’s legal privilege for it. But we haven’t figured that out yet for when you talk to ChatGPT”  

The Reason Why ChatGPT is Not a Private Chat

 As per law experts and even  OpenAI CEO Sam Altman, the chats one has with ChatGPT are not confidential. If any court issues an order or a subpoena to get the chat history then OpenAI can be forced to share it despite the fact that the conversation was deleted.

Most courts around the world are recognizing digital records in the form of texts, emails, and chatbot logs, provided they are relevant to a case. The case can be either civil, criminal, or business-related, but the chats with chatgpt will be subject to the same legal findings or evidence as the other digital communications.

Some Indian-courts have resorted to AI and ChatGPT research purposes; however, the high courts have been conservative and have primarily used ChatGPT as a source of info-gathering purposes, non-decisive major decisions. Still, as Indian law adapts, ChatGPT data is likely to be treated like any other e-evidence if required for a case. 

Examples: Evidence and reference of chatGPT in Courts

In the U.S., some instances are already encountered where the ChatGPT was used by lawyers in legal research. There are some courts that also have requested OpenAI to retain all the chat logs of users, in case they are used as evidence.

ChatGPT-generated material has been permitted as an element of a legal case in the UK and Europe; however, the courts typically exercise caution regarding it, with concerns over its accuracy and a desire to know how the information was generated or obtained.

Courts such as those of Punjab and Haryana and Manipur have used ChatGPT conversations.  As per a research paper, the Punjab and Haryana High Court have used ChatGPT for input on a bail petition that  included the allegations of a brutal fatal assault. This ChatGPT reference was taken merely to  emphasize its sole purpose of providing a comprehensive understanding of bail considerations in the cases that involved cruelty.

What to do to stay safe?

• Think Before You Type: Avoids sharing sensitive or confidential information using ChatGPT or other AI chatbots, especially the stuff you will not wish to see in public or legal.
• Find Certified Help: In any case of legal, health, financial, or emotional issues, you should speak to the appropriate professionals and not only AI, which can never provide confidentiality and professional responsibility.
• Be Aware of Your Rights and Dangers:  What you place on the internet, be mindful of it. Your chats with your AI can also be used as evidence just as today we have social media posts and emails used as evidence.

Why are Indians especially at risk? 

ChatGPT has become widely used by the youth in India in cases of seeking advice, relationships, legal confusion or career questions among others since India is one of the largest markets. However, the law of India fails to safeguard such dialogues. Indeed, OpenAI has stated in court itself that it does not maintain an office or servers within India and thus the local laws such as the Indian confidentiality or copyright laws do not directly apply to it.

In the meantime, Indian courts are experiencing their first big lawsuits against OpenAI from many companies and media houses that are concerned about the breach of their privacy and copyright protection. However, until India has its own AI specific rules and regulation, the chatgpt data can be used as evidence in the court. 

What Not to Talk About to the AI Chatbots?

To enhance a safe usage, the following details should not be observed in ChatGPT or other AI chatbots:

• Family secrets or problems in your life
• Interpersonal or matrimonial conflicts
• Doubt of the legality or suspicion of law-breaking. 
• Secrets to the banks or business secrets. 
• The health issues should be discussed with a physician or counsellor. 

How to Use AI Safely?

1. Chatbot conversations should be considered as public. 
2. Do not give out your Aadhaar, OTP number, or OTPs on your mobile phone, or any personal secrets. 
3. Do not take personal advice for  issues such as divorce, mental health, or the vice of legal problems.
4. In case you need artificial intelligence to brainstorm, you should make things generic.

In simple words, by using ChatGPT, your information does not enjoy any protection of the law and can be considered as court evidence in case of such necessity. Be smart and safe on the internet; never assume that the chatbot conversations are confidential. When it comes to something important, do not rely on AI, rely on professionals.

As Sam Altman and privacy advocates worldwide believe that as AI becomes more common, laws must evolve to protect user privacy. But this will take time. Until the privacy and data protection rules are clearly stated by the court, users in India must remain alert and responsible while using AI tools.