OpenAI · OpenAI Privacy Policy · View original document ↗

Children Under 13 Exclusion

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 325 platforms
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Document Record

What it is

OpenAI states that its services are not for children under 13 and that it does not intentionally collect data from them; if it discovers a child's data has been collected, it states it will delete it.

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 establishes the age threshold for service eligibility and invokes COPPA compliance obligations; the 'knowingly' qualifier means enforcement depends on OpenAI's ability to detect underage users, which relies primarily on age declared at registration.

Recent Activity

This document changed recently

Medium May 5, 2026

The updated policy no longer explicitly states that OpenAI receives information from advertisers and other data partners for ad measurement and improvement, nor does it mention that users can control…

Medium May 1, 2026

The updated policy now explicitly authorizes OpenAI to promote products and services to users through direct marketing on third-party properties and to share limited information with select marketing…

Medium Apr 22, 2026

The updated policy removes explicit language describing how OpenAI shares personal data with marketing partners through cookies and similar technologies. The policy previously stated that 'some of th…

Consumer impact (what this means for users)

The policy states that users under 13 are not permitted to use OpenAI services and that data collected from such users will be deleted if discovered; parents who believe their child has created an account can request deletion through privacy.openai.com.

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
    If you are a parent and believe your child under 13 has an OpenAI account, submit a deletion request at privacy.openai.com identifying the account to request deletion of the child's personal data.

How other platforms handle this

TransUnion Medium

Depending on where you live, you may have certain rights with respect to your personal information. These rights may include: The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which we collected i...

Replit Medium

Replit does not knowingly collect personal information from children under 13. Users between the ages of 13 and 18 may use the platform with parental or guardian consent. If we learn we have collected personal information from a child under 13 without verification of parental consent, we will delete...

Grammarly Medium

If you are located in the EEA, UK, or Switzerland, you have certain rights with respect to your personal information, including the right to access your personal data, to correct or delete your personal data, to restrict processing of your personal data, to data portability, and to object to process...

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
Our services are not directed at children under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information.

— Excerpt from OpenAI's OpenAI Privacy Policy

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: This provision directly engages the Children's Online Privacy Protection Act (COPPA), enforced by the FTC, which prohibits operators from collecting personal information from children under 13 without verifiable parental consent. The FTC has taken enforcement action against technology platforms for inadequate age verification and insufficient parental consent mechanisms. The 'knowingly' standard in COPPA means that platforms are not strictly liable for all underage data collection but must have reasonable mechanisms to detect and respond to known violations. GOVERNANCE EXPOSURE: Medium. The policy relies on user-declared age without describing any technical age verification mechanism, which is a common industry approach but one that the FTC has scrutinized in enforcement actions. If OpenAI becomes aware that a significant number of underage users are accessing its services, the adequacy of its current controls may be assessed under COPPA. JURISDICTION FLAGS: COPPA applies federally across all US jurisdictions. Some states including California have enacted additional children's privacy laws (California Age-Appropriate Design Code, also known as AB 2273) that impose broader obligations for services likely to be accessed by minors under 18. The applicability of the California AADC to OpenAI's consumer products may warrant separate legal assessment. CONTRACT AND VENDOR IMPLICATIONS: Educational institutions and other organizations that may facilitate student access to OpenAI products should assess whether FERPA obligations or the Children's Internet Protection Act impose additional requirements beyond COPPA. Vendor agreements with educational organizations should confirm which product tier applies and whether FERPA-compliant data processing terms are available. COMPLIANCE CONSIDERATIONS: Compliance teams should confirm that age verification or attestation mechanisms at account creation are documented and that the deletion process for identified underage user data is operationally tested. The California AADC's applicability to OpenAI's services should be assessed given the product's broad consumer accessibility.

Full compliance analysis

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

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Applicable agencies

  • FTC
    The FTC is the primary enforcement authority for COPPA violations, which applies to this provision's assertion that OpenAI does not knowingly collect personal data from children under 13.
    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-011508
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-011508
Captured: 2026-05-12 10:58:58 UTC
SHA-256: e7d3ae1b9a380384…
URL: https://conductatlas.com/platform/openai/openai-privacy-policy/children-under-13-exclusion/
Accessed: May 13, 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 Children Under 13 Exclusion clause do?

This provision establishes the age threshold for service eligibility and invokes COPPA compliance obligations; the 'knowingly' qualifier means enforcement depends on OpenAI's ability to detect underage users, which relies primarily on age declared at registration.

How does this clause affect you?

The policy states that users under 13 are not permitted to use OpenAI services and that data collected from such users will be deleted if discovered; parents who believe their child has created an account can request deletion through privacy.openai.com.

Is ConductAtlas affiliated with OpenAI?

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