_Update on October 22, 2025:_
_After months of litigation, we are no longer under a legal order to retain consumer ChatGPT and API content indefinitely. Our obligations under the earlier order ended on September 26, 2025._
_We’ve returned to our__standard data retention practices_(opens in a new window)_:_
_The New York Times continues to demand that OpenAI keep a specific set of user data from April-September 2025. So while we’re no longer required to indefinitely retain new user data going forward or any conversations originating from the European Economic Area, Switzerland, or the United Kingdom, we will securely store limited historical April–September 2025 user data. It remains locked down, accessible only to a small, audited OpenAI legal and security team, and can’t be used for anything other than meeting legal obligations. This data__will not be turned over__to the New York Times, the Court, or anyone else at this time. We will continue to fight these overreaches by the New York Times and defend long-standing privacy norms._
_As the New York Times’ own Editorial board wrote in 2020, users “__should be able to control what happens to their personal data_(opens in a new window)_.”_
Trust and privacy are at the core of our products.
We give you tools to control your data—including easy opt-outs and permanent removal of deleted ChatGPT chats(opens in a new window) and API content from OpenAI’s systems within 30 days.
The New York Times and other plaintiffs have made a sweeping and unnecessary demand in their baseless lawsuit against us: retain consumer ChatGPT and API customer data indefinitely.
This fundamentally conflicts with the privacy commitments we have made to our users. It abandons long-standing privacy norms and weakens privacy protections.
We strongly believe this is an overreach by the New York Times. We’re continuing to appeal this order so we can keep putting your trust and privacy first.
—Brad Lightcap, COO, OpenAI
## Answers to your questions
Why are The New York Times and other plaintiffs asking for this?
Is my data impacted?
What have you done to challenge this order to date?
What if I am a business customer and I have a Zero Data Retention agreement?
* You are not impacted. If you are a business customer that uses our Zero Data Retention (ZDR) API, we never retain the prompts you send or the answers we return. Because it is not stored, this court order doesn’t affect that data.
If I delete my data from ChatGPT, will it still be retained under this order?
How will you store my data and who can access it?
Will this data be shared with the New York Times, other plaintiffs, or anyone else?
How long will OpenAI keep this data? Is there a known end date or review period for the court order?
* Right now, the court order forces us to retain consumer ChatGPT and API content going forward. That said, we are actively challenging the order, and if we are successful, we’ll resume our standard data retention practices.
Does this court order violate GDPR or my rights under European or other privacy laws?
* We are taking steps to comply at this time because we must follow the law, but The New York Times’ demand does not align with our privacy standards. That is why we’re challenging it.
Does this change your training policies?
Will you keep us updated?
* Yes. We’re committed to transparency and will keep you informed. We’ll share meaningful updates, including any changes to the order or how it affects your data.
What are your data retention policies?
Brad Lightcap, OpenAI
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