The document states that OpenAI will execute Business Associate Agreements with API Platform customers to support HIPAA compliance, available upon request.
This analysis describes what OpenAI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that HIPAA compliance support for the API Platform is available but requires customers to proactively request a BAA. Healthcare organizations or business associates processing protected health information through the API without an executed BAA may be operating outside HIPAA requirements.
The updated terms state that workspace admins 'can control' data retention rather than directly controlling it. This conditional phrasing may suggest that retention control is optional or contingent rather than a guaranteed capability. Enterprise customers relying on admin-driven data retention policies should clarify with OpenAI whether this change affects their ability to set specific retention timelines for workspace data.
View change record →The updated terms shift governance of conversation access and retention from end users to workspace administrators. Under the revised policy, workspace admins can now view, access, export, and delete any end user conversations within their workspace and control how long workspace data is retained. Additionally, OpenAI now reserves the right to retain deleted or unsaved conversations beyond the standard 30-day deletion window if retention is reasonably necessary to protect its services or any third party from harm, beyond prior language that limited retention extensions to legal requirements. Within an enterprise account, end users no longer have unilateral control over conversation visibility or deletion of their own conversations.
View change record →Current version removes the API-specific limitation and extends BAA availability to all customer types, while also providing contact instruction.
View full change record →Under this provision, HIPAA Business Associate Agreements are available for API Platform customers but are not automatically applied. Healthcare organizations must contact OpenAI to request a BAA before processing protected health information through the API.
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"We are able to sign Business Associate Agreements (BAA) in support of customers' compliance with the Health Insurance Portability and Accountability Act (HIPAA). Please reach out if you require a BAA.Excerpt from OpenAI's Enterprise Privacy
(1) REGULATORY LANDSCAPE: HIPAA requires covered entities and business associates to execute written BAAs with service providers that create, receive, maintain, or transmit protected health information on their behalf.
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This provision establishes that HIPAA compliance support for the API Platform is available but requires customers to proactively request a BAA. Healthcare organizations or business associates processing protected health information through the API without an executed BAA may be operating outside HIPAA requirements.
Under this provision, HIPAA Business Associate Agreements are available for API Platform customers but are not automatically applied. Healthcare organizations must contact OpenAI to request a BAA before processing protected health information through the API.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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