Item: OpenAI Privacy Policy
Rating: 48
Author: Privacy.Law Editorial Team

⚠ Key Privacy Concerns

OpenAI uses your conversations to train their AI models by default. The opt-out exists but requires navigating to Settings > Data Controls > Chat History & Training. Even with history "off," conversations are retained for 30 days. Your "deleted" data may persist in model weights indefinitely with no way to remove the training influence.

Data They Collect

Everything OpenAI gathers about you and your conversations.

📊 Data Collection Scope (25%) 35/100

What they collect: Prompts, outputs, usage patterns, device info, IP addresses, browser data, account information, and conversation metadata.

👥 Third-Party Sharing (20%) 40/100

Who gets your data: API customers, Microsoft partnership (Azure infrastructure), research collaborators, service providers, and potentially acquirers in corporate transactions.

🕐 Retention & Deletion (20%) 35/100

How long: 30-day conversation retention even with history "off." Model training persistence is unclear - once data trains a model, its influence may be permanent. Abuse monitoring data retained longer.

☑ User Control & Consent (15%) 42/100

Your control: Training opt-out available but buried in settings. ChatGPT history toggle exists. Account deletion available. No granular controls over specific conversation data use.

🔒 Security & Breach (10%) 45/100

Security: Standard security practices with SOC 2 compliance. Notable 2023 data exposure incident revealed other users' chat history and payment information due to Redis cache bug.

🔍 Transparency & Access (10%) 38/100

Clarity: Vague about training data usage specifics. Limited transparency on how individual conversations influence models. Data export available but incomplete picture of data usage.

Compare With Other AI Services

⚠ Red Flags

The most concerning privacy practices in OpenAI's policy.

Model Training Default

High Risk

Your conversations train OpenAI's models unless you explicitly opt out. The setting is buried in Settings > Data Controls > Chat History & Training - a location most users never discover.

"We may use Content you provide us to train our models... You can opt out of having your Content used to train our models by disabling training in your settings." OpenAI Privacy Policy - "How We Use Your Information"

Microsoft Data Sharing

High Risk

OpenAI's multi-billion dollar Microsoft partnership means your data flows through Microsoft's Azure infrastructure, adding another major tech company to your data's journey.

"We share data with service providers, including Microsoft, who provide hosting, infrastructure, and other services." OpenAI Privacy Policy - "How We Share Your Information"

Plugin/Integration Exposure

High Risk

When you use third-party plugins or integrations, those providers gain access to your conversation context, extending data sharing beyond OpenAI's direct control.

"If you use plugins or integrations, those third parties receive information from your conversations as needed to provide their services." OpenAI Privacy Policy - "Third-Party Services"

Conversation Retention

High Risk

Even with chat history "off," OpenAI retains your conversations for 30 days. For abuse monitoring and safety purposes, data may be retained even longer without clear timelines.

"When chat history is disabled, we will retain new conversations for 30 days and review them only when needed to monitor for abuse, before permanently deleting." OpenAI Help Center - "Data Controls FAQ"

Enterprise vs Consumer Gap

High Risk

Business and Enterprise customers get significantly better privacy protections than free or Plus subscribers. Enterprise data isn't used for training by default - a protection not extended to regular users.

"By default, we will not use your Business or Enterprise data to train our models." OpenAI Enterprise Privacy - "Data Usage"

Who They Share With

Where your data ends up beyond OpenAI.

Microsoft: Major investor and infrastructure partner - data flows through Azure

API Customers: Developers building on OpenAI's API may process your data through their applications

Research Collaborators: Academic and research partnerships for AI safety and development

Third-Party Plugins: Plugin providers receive conversation context when activated

Your Rights

What you can (and can't) do about your data.

✅ You CAN: Opt out of model training (buried in settings), delete chat history, request account deletion, export your data, toggle conversation history off, submit CCPA/GDPR requests via privacy portal

❌ You CANNOT: Remove your data's influence from already-trained models, prevent 30-day retention when history is "off," opt out of abuse monitoring retention, get the same protections as Enterprise users, prevent Microsoft data sharing while using the service

Analysis

"OpenAI pioneered consumer AI but their privacy practices haven't kept pace. The training opt-out exists but requires navigating settings most users never find. The Microsoft partnership adds another layer of data sharing. Most concerning: your 'deleted' conversations may live on in model weights forever - there's no way to truly remove training influence.

The enterprise vs. consumer privacy gap is telling. OpenAI clearly knows how to provide strong privacy protections - they just choose not to extend them to regular users. Enterprise customers get no-training-by-default, while free and Plus users must actively hunt for the opt-out.

If you're privacy-conscious, immediately go to Settings > Data Controls and disable training. Consider using the API with appropriate data handling rather than the consumer ChatGPT interface. And remember: anything you type into ChatGPT could potentially influence future model outputs for millions of other users."

OpenAI Privacy Policy Update History

Tracking verified changes to OpenAI's Privacy Policy and data practices.

June 2025

Court-Ordered Data Retention

Federal court ordered OpenAI to preserve training data in NY Times copyright case. This litigation hold may affect data deletion requests during ongoing lawsuit.

2023-2024

Training Data Opt-Out Available

ChatGPT users can opt out via Settings → Data Controls → "Improve the model for everyone" toggle. API data not used for training by default per privacy policy.

March 2023

ChatGPT Data Exposure Incident

A Redis cache bug exposed some users' chat history and payment information to other users. OpenAI disclosed the incident and fixed the vulnerability.

View All Privacy Updates →

OpenAI (ChatGPT) Privacy Policy Review

⚠ Key Privacy Concerns

Data They Collect

Compare With Other AI Services

🐕 Concerned About Your Data?

⚠ Red Flags

Model Training Default

Microsoft Data Sharing

Plugin/Integration Exposure

Conversation Retention

Enterprise vs Consumer Gap

Who They Share With

Your Rights

Analysis

OpenAI Privacy Policy Update History

Court-Ordered Data Retention

Training Data Opt-Out Available

ChatGPT Data Exposure Incident

Need Help With Your Privacy Rights?

Schedule a Consultation

OpenAI (ChatGPT) Privacy Policy Review

⚠ Key Privacy Concerns

Data They Collect

Compare With Other AI Services

🐕 Concerned About Your Data?

Related Resources

⚠ Red Flags

Model Training Default

Microsoft Data Sharing

Plugin/Integration Exposure

Conversation Retention

Enterprise vs Consumer Gap

Who They Share With

Your Rights

Analysis

OpenAI Privacy Policy Update History

Court-Ordered Data Retention

Training Data Opt-Out Available

ChatGPT Data Exposure Incident

Need Help With Your Privacy Rights?

Schedule a Consultation