OpenAI · OpenAI Privacy Policy · View original document ↗

AI Model Training Using User Content

High severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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Recent governance activity OpenAI recorded 17 documented changes in the last 30 days.
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Document Record

What it is

OpenAI may use what you type into ChatGPT and other services to improve its AI models, but you can turn this off in your account settings or through OpenAI's Privacy Portal.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The clause establishes a default practice where user content contributes to model training unless affirmative opt-out action is taken. This operational framework determines the scope of permitted use of submitted materials across the service.

Recent Activity

This document changed recently

Medium Jun 12, 2026

The updated policy removes language describing how OpenAI uses advertiser and data partner information to personalize ads and measure ad effectiveness. The policy also removes the specific mechanism Free and Go users previously had to control ad personalization through account settings. In exchange, the policy adds explicit authorization for OpenAI to identify which of a user's contacts use OpenAI services and to monitor all content submitted on the platform for fraud and misuse detection. The authorization to monitor content and identify contacts now appears in the main policy purposes section rather than in supplementary documentation. You can review the Korea Addendum if you are located in South Korea to understand region-specific privacy rules.

View change record →
Medium Jun 9, 2026

The updated policy removes language that previously described ad personalization controls available to Free and Go users through account settings, though the policy continues to authorize OpenAI to personalize ads and measure their effectiveness for these user tiers. Previously, the policy explicitly stated that 'For Free and Go users, you can use the advertising controls in your account settings to control what data we use to personalize the ads we show you on our Services.' This language is no longer present in the updated version. The policy still lists ad personalization as an authorized use of personal data for Free and Go users, but no longer explicitly describes how users can access controls to manage this practice. You should verify whether advertising controls remain functional in your OpenAI account settings, as the policy no longer explicitly references them.

View change record →
Medium May 27, 2026

The updated policy removes specific language stating that OpenAI receives advertiser data to personalize ads shown to Free and Go users. It also removes reference to account-level advertising controls previously described in account settings. These removals are replaced with broader language authorizing OpenAI to promote products through direct marketing and third-party properties, subject to choices and controls, but the terms no longer explicitly describe what advertiser data is collected, from whom, or how to manage it at the account level. The policy now requires users to follow a 'learn more' link to understand ad personalization controls, rather than documenting those controls directly in the privacy policy.

View change record →

Clause Stability Stable

0
Changes
3
Months Monitored
May 10, 2026
First Seen
May 11, 2026
Last Seen
This clause type exists across 261 other provisions on other platforms.

Consumer impact (what this means for users)

If you do not opt out, the content of your conversations including questions, uploaded files, and personal information you share in prompts may be used to train OpenAI's AI models and influence future model outputs.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Log into your ChatGPT account, go to Settings, select Data Controls, and toggle off 'Improve the model for everyone.' Alternatively, visit privacy.openai.com to submit an opt-out request.

How other platforms handle this

Supabase Medium

After registration, you may create, upload or transmit files, documents, videos, images, data or information as part of your use of the Service (collectively, "User Content"). This includes any inputs you provide to our AI-powered support tools and outputs generated in response to your inputs. User ...

Canva Medium

When you use AI features, any content you input into those features may be used to generate outputs. You are responsible for ensuring that any inputs you provide and outputs you use comply with these Terms and applicable law. Canva does not guarantee that AI-generated outputs will be accurate, relia...

X Medium

You are responsible for your use of the Services and for any Content, including anything referenced therein, you provide, create, post, or otherwise utilize, including any inputs, prompts, outputs, and/or information obtained or created through the Services.

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
We may use your Content to train our models. You can opt out of your Content being used to train our models by following the instructions in the 'How to opt out of model training' section or by visiting our Privacy Portal. Please note that in some cases, this may limit the ability of our Services to better address your specific use case.

— Excerpt from OpenAI's OpenAI Privacy Policy

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision implicates GDPR Article 6 (lawful basis) and Article 9 (special category data) for EEA and UK users, as user-submitted content may include health, financial, or other sensitive information. The FTC Act Section 5 is relevant for US users regarding whether the opt-out default constitutes an unfair or deceptive practice. The EU AI Act may also engage this provision regarding transparency obligations for AI system training data. (2) GOVERNANCE EXPOSURE: High. The default opt-in to model training creates meaningful exposure under GDPR's purpose limitation and data minimization principles. If the asserted legal basis is legitimate interests, a documented balancing test is required; if consent is relied upon, pre-ticked defaults may be insufficient. The open-ended nature of 'Content' — which could include sensitive personal data shared incidentally — amplifies this risk. (3) JURISDICTION FLAGS: EEA and UK users face the highest exposure given GDPR requirements for a clear and valid legal basis. California users may have CCPA rights to know and delete data used in training. Illinois users should consider whether voice or biometric data submitted could implicate BIPA. Minors' data warrants particular scrutiny given COPPA and analogous state laws. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers integrating OpenAI via API should confirm whether their API data processing agreement excludes model training use, as the policy indicates API data may be treated differently. B2B contracts that route customer or employee data through OpenAI's services should include explicit data processing addenda clarifying training data use. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should audit whether existing privacy notices disclosed to end users accurately represent the possibility of AI model training; update data mapping records to include OpenAI as a processor or sub-processor; and review whether employee acceptable use policies address submission of confidential data to ChatGPT.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive data practices under Section 5 of the FTC Act, including default enrollment practices in AI model training.
    File a complaint →

Applicable regulations

EU AI Act
European Union
California AB 2013 AI Training Data Transparency
US-CA
Colorado AI Act
US-CO
EU AI Act - High Risk Provisions
EU
GDPR
European Union
Texas AI Act
Texas, USA
Trump Executive Order on AI Policy Framework
US
UK GDPR
United Kingdom

Provision details

Document information
Document
OpenAI Privacy Policy
Entity
OpenAI
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 10, 2026
Record ID
CA-P-009765
Document ID
CA-D-00010
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
9fedd919cc6d99e951ea6b8c198d3ded6d0673342d8c265778e44a35720b9b49
Analysis generated
May 10, 2026 22:24 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Privacy Policy
Record ID: CA-P-009765
Captured: 2026-05-10 22:24:41 UTC
SHA-256: 9fedd919cc6d99e9…
URL: https://conductatlas.com/platform/openai/openai-privacy-policy/ai-model-training-using-user-content/
Accessed: June 29, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does OpenAI's AI Model Training Using User Content clause do?

The clause establishes a default practice where user content contributes to model training unless affirmative opt-out action is taken. This operational framework determines the scope of permitted use of submitted materials across the service.

How does this clause affect you?

If you do not opt out, the content of your conversations including questions, uploaded files, and personal information you share in prompts may be used to train OpenAI's AI models and influence future model outputs.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.