OpenAI’s Court-Ordered Permanent Data Retention Explained
A court now requires OpenAI to preserve ChatGPT chats, including deleted and temporary messages, affecting most consumer accounts.
Short answer: What changed
A court has ordered OpenAI to preserve all consumer ChatGPT and API data for the duration of litigation. This includes temporary chats, deleted chats, and likely voice messages. The order overrides OpenAI's usual 30-day deletion policy while the legal case proceeds.
Why this matters
Many users expect deleted chats to disappear; the order removes that control for affected accounts. If you use ChatGPT Free, Plus, Pro, or Team, your content could be preserved and reviewed by a small legal team for the lawsuit. OpenAI says the retained data is held in a separate secure system and is not released automatically.
Quick links to sources
- OpenAI's response to the data demands
- Bloomberg Law summary of the order
- Center for Democracy & Technology analysis
What the court order actually requires
- Preserve all output logs: The court requires preservation and segregation of all ChatGPT output logs, including chats marked temporary or deleted.
- Apply to consumer products: The order affects roughly 400 million consumer accounts on Free, Plus, Pro, and Team tiers.
- Enterprise and Zero Data Retention API: ChatGPT Enterprise is excluded from preservation. Business customers using OpenAI's Zero Data Retention (ZDR) API are not affected.
Does this include voice and audio?
The order covers all ChatGPT user interactions in scope and likely includes voice-to-text transcriptions and voice messages. Public documents do not list voice data in full detail, but spoken interactions on affected accounts could be preserved.
How OpenAI stores and controls access to the preserved data
OpenAI says preserved content is moved to a separate, secure system with restricted access. Access is limited to a small, audited team of legal and security staff. OpenAI also says the data is not being released to requesting parties automatically.
How long will OpenAI keep the data?
The order forces preservation for the length of the litigation, which could be years. If the order is modified on appeal or by the court, retention practices may change.
Who is affected and who is not
| Account type | Affected? |
|---|---|
| Free, Plus, Pro, Team | Yes |
| ChatGPT Enterprise | No |
| Zero Data Retention (ZDR) API customers | No |
Practical effects for users and developers
- Privacy choices are limited: Deleting a chat in the ChatGPT UI no longer guarantees deletion while the order stands.
- Developer risk: API users whose data would normally be deleted after 30 days should review compliance obligations and customer notices.
- Security and audits: OpenAI restricts access, but preserved data exists and could be reviewed during discovery for the lawsuit.
What you can do right now
- Switch to an unaffected tier: If you are a business and can, use ChatGPT Enterprise or the ZDR API to avoid preservation.
- Limit sensitive inputs: Avoid sending personal IDs, medical data, or secrets to ChatGPT on affected accounts.
- Use local tools: For private drafting or sensitive notes, use local apps or offline tools you control.
- Monitor updates: Follow OpenAI's public statements and court filings for changes. See OpenAI's response and reporting like Bloomberg Law.
Neutral comparison for context
Compared with normal product policies that delete data after a set time, a court preservation order is like stopping a clock: records must be frozen and kept. Your delete button may still work in the UI, but the system cannot purge the preserved copy while litigation is active.
FAQ
Can the parties see my data now?
Not automatically. OpenAI says only a small, audited legal team can access preserved logs for discovery. Any sharing would follow court rules and judicial review.
Will this change if OpenAI wins on appeal?
Yes. If OpenAI successfully challenges the order, it may return to normal deletion policies. The company says it is actively contesting the preservation mandate.
Are deleted chats still visible to me?
You may no longer see deleted chats in the ChatGPT interface, but a preserved copy can exist in the secure system used for legal review.
Does this affect stored API data?
Yes. The order can apply to API content that would normally be removed within 30 days, except for ZDR API customers who have contractual no-retention assurances.
Takeaway
Assume chats you thought were deleted could be preserved because of a court order. If privacy matters, move sensitive work to excluded tiers or local tools and watch legal updates. This preservation is temporary while the lawsuit is active, but it could last years.
"Magistrate Judge Ona T. Wang's order requires preservation of output log data regardless of prior deletion commitments."
For more reading, see OpenAI's public reply, analysis at the Center for Democracy & Technology, and coverage by Bloomberg Law.
Avery covers the tech beat for major publications. Excellent at connecting dots between different industry developments.(AI-generated persona)
