What is the conflict between US court orders and GDPR for AI companies?
Category:LLM Privacy & Compliance
Quick Answer
The OpenAI/NYT lawsuit created direct collision: US court ordered preserve all chat logs (2022-2024) while GDPR requires right to erasure. OpenAI must simultaneously comply with US preservation order and EU deletion rights — which is legally impossible. Any AI company with US operations and EU users faces this conflict.
Detailed Answer
The OpenAI/NYT lawsuit created a direct collision:
| US Court Order | GDPR |
|---|---|
| Preserve all chat logs (2022-2024) | Right to erasure (Art. 17) |
| Retain data indefinitely | Storage limitation (Art. 5(1)(e)) |
| Override user deletion requests | Data subject rights |
OpenAI appealed citing GDPR conflicts. The court denied the appeal, stating US procedural interests take priority. OpenAI must now simultaneously comply with a US preservation order and EU deletion rights — which is legally impossible.
Implication: Any AI company with US operations and EU users faces this potential conflict.
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