FACTS: A broker is working with a buyer who is moving their family from New York.  The buyer has provided their broker with a long email explaining the particular needs of their intended home which includes their budget, medical requirements of a handicapped child, location/proximity to the buyer’s new job, and personal preferences in a home.

ISSUE: Can the broker input the buyer’s email into ChatGPT or another free AI platform to help locate a suitable area to search for homes?

ANSWER: See Discussion.

DISCUSSION: A Broker owes a fiduciary duty to their client.  See A.A.C. R4-28-1101(A).  The fiduciary duty includes the obligation of the broker to keep their clients’ information confidential.  See Leigh v. Loyd, 74 Ariz. 84, 244 P.2d 356 (1952).  Here, the buyer’s email includes information about their budget, their employment, their personal preferences, and medical information about their child.  Information entered into ChatGPT and other free AI platforms is typically stored in the platform, may be reviewed by human moderators, and potentially at risk of unauthorized access or data breaches.  Entering detailed client information into ChatGPT or other free AI platforms may be a breach of the duty of confidentiality and should be avoided.

Note: Conversations and information uploaded into AAR BOT is isolated and strictly confidential so that no user can search, view, or access another member’s data.  AAR BOT is also encrypted, providing enterprise-grade data security, strict tenant isolation, and zero public AI model training.  But as a best practice, it is recommended to redact sensitive personal identifiable information such as Social Security numbers or banking details before uploading documents.