OpenAI · OpenAI Privacy Policy · View original document ↗

California and Multi-State Privacy Rights

Medium severity High confidence Explicitdocumentlanguage Rare · 2 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

Depending on your US state, you may have the right to access, delete, correct your data, or opt out of data sharing, and you can exercise these rights by submitting a form at 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)

This provision identifies the specific state-law rights available to users in California, Virginia, Colorado, Connecticut, and Texas, and directs users to a single privacy request portal to exercise them, which is operationally significant for users wishing to control how their data is used.

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 12, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 3350 other provisions on other platforms.

Consumer impact (what this means for users)

The policy states that California, Virginia, Colorado, Connecticut, and Texas residents can submit requests to access, delete, correct, or opt out of sale or sharing of their personal data through privacy.openai.com; non-discrimination protections are also stated, meaning OpenAI commits not to deny service for exercising these rights.

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.
  • Delete Your Data
    Visit privacy.openai.com, select the appropriate request type (access, deletion, correction, or opt-out), complete the form, and submit; you may be required to verify your identity to complete the request.

How other platforms handle this

Target Medium

If you are a California resident, you may have the right to: Know what personal information we collect, use, disclose, sell, or share. Correct inaccurate personal information. Delete your personal information. Opt out of the sale or sharing of your personal information. Limit the use and disclosure ...

Garmin Medium

If you are a California resident, you have the right to know what personal information we collect, use, and disclose about you; the right to request deletion of your personal information; the right to opt out of the sale or sharing of your personal information; the right to correct inaccurate person...

Grindr Medium

Depending on where you are located, you may have certain rights regarding your personal information, including the right to access, correct, delete, or restrict processing of your personal information, the right to data portability, and the right to object to or withdraw consent for certain processi...

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
Depending on where you live, you may have certain rights regarding your personal information, including: the right to know what personal information we have collected about you; the right to delete personal information we have collected from you; the right to correct inaccurate personal information; the right to opt out of the sale or sharing of your personal information; the right to limit use of sensitive personal information; and the right to non-discrimination for exercising your privacy rights. California, Virginia, Colorado, Connecticut, and Texas residents may exercise these rights by submitting a request through our Privacy Request Form.

— Excerpt from OpenAI's OpenAI Privacy Policy

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: This provision directly engages CCPA and CPRA (California), VCDPA (Virginia), CPA (Colorado), CTDPA (Connecticut), and TDPPA (Texas). Each law imposes specific response timelines, verification requirements, and scope limitations on the rights enumerated. The California Privacy Protection Agency and the respective state attorneys general are the primary enforcement authorities. CCPA requires response to access and deletion requests within 45 days, with a possible 45-day extension. GOVERNANCE EXPOSURE: Medium. The policy enumerates the correct categories of rights for the named states but does not specify response timelines, verification procedures, or appeal mechanisms in this summary section, which are required disclosures under some state laws. Compliance teams should confirm that the operational procedures behind the privacy request portal meet the specific requirements of each named state law. JURISDICTION FLAGS: California creates the highest exposure given the CPRA's requirement to also honor opt-out preference signals such as Global Privacy Control (GPC). The policy does not explicitly address GPC compliance in this provision, which California regulations require. Colorado also mandates GPC recognition. Virginia, Texas, and Connecticut impose appeal rights that must be described to consumers. CONTRACT AND VENDOR IMPLICATIONS: B2B customers acting as controllers of data submitted through OpenAI products should assess whether their vendor agreements with OpenAI provide adequate data subject rights pass-through obligations, or whether OpenAI functions as a processor obligated to forward data subject requests. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the privacy.openai.com portal is functional, that response timelines meet each state's statutory requirement, and that appeal mechanisms are available for denied requests as required by Virginia, Colorado, Connecticut, and Texas laws. GPC signal recognition should be audited for California and Colorado compliance. The policy should be reviewed to confirm that the sensitive personal information limitation right described for California is operationally implemented.

Full compliance analysis

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Applicable agencies

  • State AG
    Attorneys general in California, Virginia, Colorado, Connecticut, and Texas have direct enforcement authority over compliance with their respective state privacy laws, including the rights described in this provision.
    File a complaint →

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
UK GDPR
United Kingdom
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
OpenAI Privacy Policy
Entity
OpenAI
Document last updated
May 5, 2026
Tracking information
First tracked
May 12, 2026
Last verified
May 12, 2026
Record ID
CA-P-011507
Document ID
CA-D-00010
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
e7d3ae1b9a38038435c94dab99b33a7d5dea6d69b6f8181c5120d571f048984f
Analysis generated
May 12, 2026 10:58 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Privacy Policy
Record ID: CA-P-011507
Captured: 2026-05-12 10:58:58 UTC
SHA-256: e7d3ae1b9a380384…
URL: https://conductatlas.com/platform/openai/openai-privacy-policy/california-and-multi-state-privacy-rights/
Accessed: June 29, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

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Frequently Asked Questions

What does OpenAI's California and Multi-State Privacy Rights clause do?

This provision identifies the specific state-law rights available to users in California, Virginia, Colorado, Connecticut, and Texas, and directs users to a single privacy request portal to exercise them, which is operationally significant for users wishing to control how their data is used.

How does this clause affect you?

The policy states that California, Virginia, Colorado, Connecticut, and Texas residents can submit requests to access, delete, correct, or opt out of sale or sharing of their personal data through privacy.openai.com; non-discrimination protections are also stated, meaning OpenAI commits not to deny service for exercising these rights.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

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