Lesson 5 of 9 · about 16 minutes
Privacy and Security: Your Prompts, Injection and Deepfakes
You'll be able to
- Check a chatbot's training and retention settings before typing sensitive material
- Explain why a lawsuit can override a company's normal deletion schedule
- Describe direct and indirect prompt injection with an example of each
- Name the federal actions taken against AI voice cloning in robocalls
- Set up simple verification habits against voice and video impersonation
Treat anything you type into a consumer chatbot as something you handed to a company, under that company's current terms, which can change. For most uses that is fine. For a confidential informant's name, a leaked document, a medical record or an unproven accusation against a named person, it is a decision you should make on purpose.
What happens to your prompts
Where your words go depends on whether the company may train on them, how long it keeps them, and who else could make it hand them over.
| Service (as of October 2026) | Trains on your chats? | Normal retention |
|---|---|---|
| ChatGPT personal accounts | Yes by default; opt out in data controls or the privacy portal. Temporary Chats are not used. | Deleted chats and Temporary Chats removed within 30 days |
| ChatGPT Team, Enterprise, API | No by default | API data deleted after 30 days unless other terms apply |
| Claude Free, Pro, Max | Only if the user opts in (choice required since October 8, 2025) | Five years if opted in; 30 days if not |
| Claude for Work, Gov, Education, API | No; covered by commercial terms | Set by commercial terms |
Settings like these are company policy, not law, and they change. Check the current page before you rely on it, and check again a few months later. Anthropic's own announcement notes that data already used in training stays in models trained on it, even if you change your setting later.
When a court overrides the delete button
In 2025 a federal court in the New York Times copyright case ordered OpenAI to preserve consumer ChatGPT and API content, including chats users had deleted. That obligation ran until September 26, 2025, and covered Free, Plus, Pro and Team users and API customers without zero data retention agreements. Enterprise and education customers were not affected. Later the court ordered OpenAI to produce a de-identified sample of 20 million logs to the plaintiffs.
The lesson for anyone handling sensitive material: "deleted" means deleted under normal operations. A lawsuit, a subpoena or a government demand can freeze data that would otherwise disappear. If a source's safety depends on something never existing on a third party's server, do not put it there.
Prompt injection
A language model cannot reliably tell the difference between instructions from you and instructions that arrive inside the material it is working on. Everything is just text. OWASP, the security standards group, lists prompt injection as the number one risk in its 2025 Top 10 for LLM applications.
Direct injection is a user typing something that makes the model ignore its rules, often called jailbreaking. Indirect injection is worse for everyone else: instructions hidden in a web page, email, PDF, résumé or image that the model reads while doing a task for someone. OWASP's examples include a web page with hidden text that makes the model insert a link leaking the conversation, and a résumé with split instructions that combine to give the applicant a glowing review.
The danger grows with what the AI is allowed to do. A chatbot that only writes text can be tricked into saying something false. An "agent" that can read your inbox, browse, fill forms and send messages can be tricked into doing things. OWASP's recommended defenses include giving the model the least access it needs, handling sensitive actions in ordinary code instead of letting the model decide, clearly marking untrusted content, and requiring a human to approve risky actions. None of these makes injection impossible. They limit the damage.
Deepfakes and fraud
Voice cloning now needs only a short sample. The FBI's December 2024 public service alert describes criminals using cloned voices of relatives in fake emergencies, AI audio to get into bank accounts, and AI video of executives or police in live video calls.
Recent cases and rulings:
- Politics. In January 2024, robocalls with an AI-generated imitation of President Biden's voice told New Hampshire voters to skip the primary. The FCC fined the political consultant behind them $6 million in September 2024, and the carrier that transmitted them agreed to a $1 million fine. He also faced state criminal charges for voter suppression and impersonating a candidate; a New Hampshire jury acquitted him on all of them in June 2025.
- Corporate. In early 2024 an employee of the engineering firm Arup joined a video call with what looked like senior managers and sent about $25 million to criminals. Everyone else on the call was a deepfake.
- Regulation. On February 8, 2024, the FCC ruled that AI-generated voices count as "artificial" under the Telephone Consumer Protection Act, so AI-voiced robocalls without consent are illegal.
States have added their own laws. Idaho passed three in 2024: HB 664 on deceptive synthetic media about candidates (lesson 8 covers it), HB 465 on AI-generated child sexual abuse material, and HB 575 on disclosing explicit synthetic media of a person without consent.
Example: the voicemail that sounds like the sheriff
A volunteer with the invented Millbrook Taxpayers Alliance gets a voicemail that sounds exactly like the county sheriff, admitting to a cover-up. The number is unknown.
- Do not post or share the audio.
- Call the sheriff's office on its listed number and ask the sheriff directly.
- Note the call metadata: time, number, length. Ask the phone carrier what it can confirm.
- Have the file examined, knowing detection tools give probabilities, not proof.
- Ask what would have to be true for this to be real: who else would know, what records would exist. Then check those.
The verification work is the same work you would do for any anonymous tip. The audio just sounds more convincing.
Common mix-ups
- Claim: Deleting a chat erases it immediately. What the evidence shows: Companies typically remove deleted chats within about 30 days, and a court order can stop deletion entirely, as happened to OpenAI in 2025.
- Claim: Paid plans never train on your data. What the evidence shows: It depends on the plan and the company. Consumer paid tiers such as ChatGPT Plus or Claude Pro follow consumer rules; business and API terms differ.
- Claim: You can always spot a deepfake by looking at the hands. What the evidence shows: The FBI lists visual flaws as clues, but quality keeps improving. Verification through a separate channel works better than eyeballing.
Reporting angle
- Ask your city, county or school district which AI tools staff may use, whether those are consumer or enterprise accounts, and whether there is a written policy on entering residents' personal data. Request the policy.
- Check whether AI chat logs are treated as public records in your state. Staff prompts made on public business may be records like email.
- Ask local banks, police and senior centers whether they have seen voice-clone scams, and what losses were reported. The FBI's IC3 annual report gives state-level fraud numbers.
- When an AI agent is deployed with access to email or systems, ask the agency what actions it can take without a human approving.
Research angle
- OWASP on prompt injection: the standard description of the attack.
- FBI IC3 alert on generative AI fraud: the public service announcement with examples.
- FCC ruling on AI voices in robocalls: the agency document.
- Anthropic consumer terms update: what the company says about training on chats.
- OpenAI data use policy: how chats are used and how to opt out.
- MultiState overview of Idaho AI policy: a tracker of Idaho AI laws.
Check yourself
1. Under Anthropic's consumer terms updated in 2025, what retention applies to Claude Free, Pro and Max users who allow their chats to be used for training?
Users who opt in get five-year retention for new or resumed chats. Those who decline keep the 30-day period. Business, government, education and API use are excluded.
2. Why did OpenAI keep deleted consumer ChatGPT chats for months in 2025?
A preservation order in the Times case required OpenAI to keep consumer and some API content, including deleted chats, until September 26, 2025.
3. A city clerk asks an AI browsing tool to summarize a web page. Hidden white text on the page tells the AI to include a link that leaks the conversation. What is this called?
Indirect prompt injection arrives through content the AI reads, like a web page or file, rather than from the user's own prompt.
4. What did the FCC decide in February 2024 about AI-generated voices in robocalls?
The FCC's declaratory ruling treats AI voices as artificial under the Telephone Consumer Protection Act, making unconsented AI-voiced robocalls illegal.
5. Which defense does the FBI recommend against a voice-cloned 'family emergency' call?
The FBI's December 2024 alert recommends a family secret word and calling back on a number you already know.
6. Which is the strongest single safeguard against prompt injection in an AI tool that can send email?
OWASP lists several mitigations, but limiting what the AI can do on its own and requiring a human to approve risky actions caps the damage when an injection gets through.
Terms in this lesson
- Retention period
- How long a company keeps your data before deleting it.
- Preservation order
- A court order requiring a party to keep data that might be evidence, overriding normal deletion.
- Prompt injection
- Input that makes an AI system ignore its instructions or do something unintended, either typed directly or hidden in content it reads.
- Deepfake
- Realistic synthetic audio, video or images of a real person saying or doing something they did not.
- Voice cloning
- Using a short recording to make an AI speak in a specific person's voice.
Sources
- Anthropic: Updates to our consumer terms and privacy policy (Aug 28, 2025) checked 2026-10
- OpenAI: How your data is used to improve model performance checked 2026-10
- OpenAI: How we're responding to The New York Times' data demands checked 2026-10
- OWASP Top 10 for LLM Applications 2025: LLM01 Prompt Injection checked 2026-10
- FCC Declaratory Ruling on AI-generated voices under the TCPA (Feb 8, 2024) checked 2026-10
- NEPM/NPR: Alleged coordinator of faked Biden robocall slapped with $6M fine checked 2026-10
- Boston Globe: N.H. jury acquits consultant behind Biden robocalls (June 13, 2025) checked 2026-10
- FBI IC3 PSA I-120324-PSA: Criminals use generative AI to facilitate financial fraud checked 2026-10
- World Economic Forum: Arup deepfake fraud case checked 2026-10
- MultiState: AI policy overview, Idaho checked 2026-10