Navigating Data Privacy Risks in Generative AI

Generative AI (GenAI) tools — from ChatGPT and Gemini to Claude — are no longer just innovation experiments. They’re embedded in workflows, customer journeys, and enterprise applications.

But with that opportunity comes a sharp reality: GenAI introduces new data privacy risks that most corporate systems were never designed to handle.

This article breaks down:

  1. The top privacy challenges organisations face when adopting GenAI.
  2. What enterprise-grade solutions offer to mitigate these risks.
  3. Practical steps for enterprises and project managers to operationalise GenAI safely.

Why Privacy Matters More Than Ever

GenAI thrives on data — but that’s exactly where its risk lies. Every prompt, document, or snippet entered could become a data-governance concern.

The Core Privacy Risks

RiskWhat It MeansWhy It Matters
Data Leakage & Unintended ExposureEmployees may paste sensitive (PII) or proprietary data into public GenAI tools, losing control once it leaves the org boundary.Studies (Deloitte) show 75% of tech professionals rank privacy as a top GenAI concern.
Unintended Model TrainingNon-enterprise versions may use user inputs for model improvement.Proprietary IP could be absorbed into shared models.
Ownership & Retention AmbiguityConsumer tools often lack clarity on who owns prompts and outputs or how long data is stored.Creates legal uncertainty around IP and auditability.
Regulatory Compliance GapsGenAI usage must align with GDPR, CCPA, and emerging AI Acts.Non-compliance risks penalties and reputation loss.
Shadow IT & Unapproved UsageEmployees may use personal GenAI accounts.Creates blind spots for data exposure and audit gaps.

Bottom Line: GenAI amplifies traditional data risks — because the data flows are richer, models more opaque, and control boundaries blur faster.


The Solution: What It Looks Like

The solution lies in ensuring that GenAI tools respect the data privacy of the documents uploaded. The way GenAI tools have struck a balance is to offer “privacy” as a feature in their enterprise editions.

When enterprises upgrade to enterprise editions of GenAI tools, they gain visibility, ownership, and control. Let’s examine OpenAI’s enterprise commitments as an example blueprint.

1. Ownership & Control of Data

“You own and control your data. We do not train our models on your business data by default.” — OpenAI Enterprise Privacy

✅ Inputs and outputs remain your property.
✅ You control data retention.
✅ No auto-training on business data.

Why it matters:
Enterprises retain IP rights, reduce legal ambiguity, and align with data-minimisation and right-to-erasure principles.


2. Fine-Grained Access & Authentication

  • SAML-based SSO integration
  • Admin dashboards to control who can access what
  • Connector governance to approve or restrict data sources

Why it matters:
Access governance limits who can interact with sensitive data — and how. Permissions reduce accidental or malicious data exfiltration.


3. Security, Compliance & Certifications

  • AES-256 encryption at rest; TLS 1.2+ in transit
  • SOC 2 Type II certification
  • BAA & DPA support for regulated sectors (e.g., healthcare, finance)

Why it matters:
Aligns GenAI use with enterprise IT standards and compliance requirements.


4. Data Retention & Deletion Controls

“Admins control retention. Deleted conversations are removed within 30 days.” — OpenAI

  • Zero-Data-Retention (ZDR) for API endpoints
  • Custom deletion timelines

Why it matters:
Enables compliance with right-to-erasure laws and reduces long-term data exposure risk.


5. Model Training & Fine-Tuning Controls

  • No business data used for training without explicit opt-in.
  • Fine-tuned models remain exclusive to the enterprise.

Why it matters:
Prevents proprietary data from bleeding into shared models. Protects confidential business logic and datasets.


Translating Commitments into Enterprise Practice

Here’s how to operationalise privacy-by-design in your GenAI strategy.

StepActionWhy It Matters
1Create a “What Goes into GenAI” PolicyBan sensitive data (PII, source code, contracts) unless approved.
2Use Enterprise LicensesEnsure tools provide encryption, retention control, and no auto-training.
3Govern ConnectorsLimit which internal systems feed into GenAI tools.
4Define Retention RulesConfigure retention periods and deletion workflows.
5Monitor UsageUse compliance APIs to track prompts, access logs, and connectors.
6Train EmployeesReinforce responsible usage and red-flag categories (finance, HR, IP).
7Align with Legal & Governance PoliciesMap GenAI practices to your data-governance framework and DPIAs.
8Use ZDR Endpoints for Sensitive DataRequired for regulated or confidential workloads.
9Review RegularlyRe-audit tools and contracts as regulations evolve.

Applying It to Your Context: ERP & Project Management

For ERP implementations — where financial, HR, and vendor data converge — the stakes are higher.

  • Data boundaries: Never use GenAI with live financial or payroll data unless the endpoint is enterprise-secured.
  • Vendor contracts: Ensure client or third-party NDAs don’t prohibit AI-based processing. Include a section that mentions that contracts may be reviewed by GenAI tools.
  • Governance embedding: Add GenAI checkpoints in your project governance map — who approves prompts, what is logged, how outputs are validated.
  • Audit readiness: Maintain GenAI usage logs — prompt, purpose, output, approver.
  • Model isolation: When fine-tuning internal GenAI workflows, use isolated models to prevent cross-project exposure.

The Takeaway

Generative AI unlocks speed and scale, but data privacy is the cost of entry for responsible adoption.

Enterprise GenAI tools — like OpenAI’s ChatGPT Enterprise — now offer the controls and transparency needed for compliant, secure innovation. Yet, technology alone isn’t enough.

Enterprises must also embed:

  • Governance (policies & audits)
  • Awareness (training & culture)
  • Alignment (legal & regulatory frameworks)

For project managers and IT leaders, the mission is clear:
👉 Innovate boldly, govern responsibly, and ensure that data privacy remains the cornerstone of your GenAI strategy.

Indian GDPR (DPDP) affects every marketer in India

The Indian government has recently passed the Digital Personal Data Protection Bill (DPDP) in 2023. This is a significant step towards establishing a framework for managing citizens’ data in India.

Previously, data protection was governed by the Information Technology Act of 2000 (Section 21). With this law, customers have been granted specific rights over their data including correction, erasure, grievance redressal, and withdrawing consent.

For every marketer in India, it’s essential to understand and follow the provisions of the DPDP law to avoid severe penalties. Whether you do digital marketing, events marketing or are an organisation collecting data, this bill affects you. Even companies collecting data from their employees are within ambit of this law.

Penalties for Data Fiduciaries/ data collectors breaching customer data security can reach up to Rs 250 crore or USD 30 mn. Penalties are influenced by severity, repetition, and actions taken by the fiduciary.

In this blog post, we’ll highlight the key points of this law that are relevant for marketers:

To grasp the DPDP, it’s important to know the main entities involved:

  1. Data Fiduciaries: These are the parties primarily responsible for handling data. As a website owner, you are a Data Fiduciary.
  2. Data Principals: These are your customers or individuals whose data you are handling.
  3. Data Processors: These are entities that process data on behalf of Data Fiduciaries. Processing includes various operations like collecting, storing, transmitting, and more.

Whether your website is hosted in India or abroad, if it deals with data of Indian citizens, the DPDP law applies (Section 3(b)). As website owners, you can appoint a different Data Processor (Section 8(2)), but you are responsible for data handling and ensuring the processor complies by implementing appropriate measures. This means that you can use external service providers e.g. for emails, SMSs, Whatsapp, Social Media but are responsible for their adherence to these laws.

Obligations of Data Fiduciaries are as follows:

  • Processing for Lawful Purposes (Section 4): Data can only be used for lawful purposes for which the data principal has given consent. You need to notify individuals about the purpose of data collection at the time of data collection. If you acquired customers before this law was enacted, you must provide this notification as soon as possible. The burden of proof for consent lies with the Data Fiduciary.
  • Consent and Withdrawal (Section 6): Individuals can withdraw consent at any time, and you must stop processing their data within a reasonable time (not defined). This includes deleting data from both the processor and fiduciary.
  • Data Protection Officer (Section 8(9)): You must appoint this officer to address customer data queries.
  • Exceptions for Processing without Consent (Section 7): Certain exceptions exist where prior consent isn’t needed, such as government processing, medical emergencies, financial assessments, compliance with legal judgments, and natural disasters.
  • Breach Notification (Section 8(6)): If there’s a data breach, you must notify affected parties.
  • Data of Children (Section 9): Consent from parents is required for individuals under 18. Advertising targeting children is prohibited.

DPDP isn’t as strict as GDPR in terms of processing data within national boundaries, but this can be restricted by government notification. It clarifies that if other laws limit data residency, DPDP doesn’t relax those restrictions. The Government can override data protection laws for maintaining state security and sovereignty (Section 17(2)).

Foreign citizens’ data can be processed in India through valid contracts (Section 17).

DPDP provides an additional advantage to registering yourself as a startup. A lot of exceptions around data compliance apply to startups (Section 17(3)).

As a final clarification, if there are any other laws that are in conflict with this law, then the provisions of this law will prevail to the extent of this conflict.

Disclaimer: This is an overview, consult your legal representative for specific advice.