The Gap in GDPR
Current regulations (GDPR, CCPA) protect specific categories like health or financial data. They fail to account for emotional data that isn't clinical (medical records) but is profound. When a user confesses suicidal ideation to an AI, that transcript is currently just "user data," potentially available for model training or debugging by human contractors.
Heightened Obligations
Classifying this data as Ultra-Sensitive would mandate:
- Radical Encryption: Making it inaccessible even to the company.
- Non-Transferability: Prohibition on selling or sharing this data.
- Deletion Rights: Absolute right to total erasure ("right to be forgotten").
Field Notes & Ephemera
Field Note: If your therapist recorded your sessions and sold the transcripts to train a chatbot, they would lose their license. Why do we let tech companies do it at industrial scale?