Policy | 6/6/2025

Court Orders OpenAI to Retain All ChatGPT Data Amid Legal Dispute

A U.S. court has ordered OpenAI to preserve all user data from its ChatGPT service, including previously deleted conversations, as part of a copyright lawsuit filed by The New York Times. This decision raises significant privacy concerns and challenges OpenAI's existing data retention policies.

Court Mandates Data Retention by OpenAI

In a significant legal development, OpenAI has been ordered by a U.S. court to retain all user data from its ChatGPT service, including conversations that users had previously deleted. This court order is part of an ongoing copyright infringement lawsuit filed by The New York Times, which alleges that OpenAI used its articles without permission to train its AI models.

Background of the Legal Case

The lawsuit, initiated in December 2023, accuses OpenAI and its partner Microsoft of unlawfully using millions of The New York Times' copyrighted articles to develop generative AI tools like ChatGPT. The court's decision, issued by U.S. Magistrate Judge Ona T. Wang, requires OpenAI to preserve all output log data, which the plaintiffs argue is essential for their case.

Implications for OpenAI and Users

This ruling significantly alters OpenAI's data retention policies, which previously allowed users to delete their data within 30 days. The new mandate requires OpenAI to hold onto this data indefinitely, pending further court instructions. However, the order does not apply to all OpenAI services; customers of ChatGPT Enterprise and those with Zero Data Retention agreements are exempt.

Privacy Concerns and OpenAI's Response

The indefinite retention of user data, including sensitive information, has raised privacy concerns among users. OpenAI has expressed strong opposition to the court's order, arguing that it conflicts with their privacy commitments and imposes a substantial burden on their data infrastructure. The company is appealing the decision, highlighting potential conflicts with global privacy laws.

Broader Impact on the AI Industry

This legal requirement underscores the increasing scrutiny AI companies face regarding data practices, especially concerning copyrighted materials used in training models. The outcome of this case could set a precedent for future litigation, influencing data governance strategies and user trust in AI technologies.

OpenAI's ongoing appeal and the eventual resolution of this legal battle will likely have significant implications for the AI industry, potentially affecting how data is managed and protected in the future.