EU/EEA: formal complaint template for GDPR violations by OpenAI

Guidance for Residents of the EU/EEA: How to Prepare a Formal GDPR Complaint Against OpenAI

If you are a resident of the European Union or the European Economic Area (EEA) and believe that your data protection rights under the General Data Protection Regulation (GDPR) have been violated by OpenAI’s ChatGPT services, this article provides a structured approach to communicate your concerns effectively. While this guide does not constitute legal advice, it offers a comprehensive template to help you draft a formal complaint aligned with GDPR standards.

Understanding Your Rights Under GDPR

GDPR grants individuals fundamental rights regarding their personal data, including the right to access, rectify, erase, and restrict processing of their data, as well as the right to object to certain types of processing. When using AI-driven platforms like ChatGPT, users have a right to transparency about how their data is used, reasons for any profiling, and control over their personal information.

When to Consider Filing a Complaint

You should consider submitting a formal GDPR complaint if you experience issues such as:

• Automatic rerouting or filtering of your prompts that override your selected model or tone without explanation
• The use of your historical data for new inference or behavioral profiling without your explicit consent
• Lack of clarity or access to data used in profiling or routing decisions
• Changes in model behavior linked to emotional or behavioral inference
• Disruption in your workflow or communication due to system unpredictability
• Responses that seem manipulated, intercepted, or altered without notice

Preparing Your Complaint: Essential Components

To facilitate an effective and legally sound complaint, gather the following information beforehand:

• Your full legal name
• The email address associated with your OpenAI account
• Your country of residence within the EEA
• The date of your complaint
• Whether you are a paying Plus subscriber
• The date you first started using ChatGPT
• Whether you opted out of data training or improvement programs
• A concise summary of the issues experienced, supported by evidence:
• Screenshots or recordings of rerouting or filtering behaviors
• Correspondence with OpenAI support
• Data export samples showing inconsistencies
• Descriptions of unexpected behavioral patterns or safety overrides
• Any previous contact with OpenAI support, including relevant email exchanges
• Your specific requests from OpenAI, such as data access, behavioral transparency, or feature adjustments

Sample GDPR Complaint Template

Below is a structured example of a formal complaint letter that