OpenAI's services are not meant for children under 13, and OpenAI says it will delete data from children under 13 if discovered, but the policy relies on self-reported age rather than technical verification.
Children under 13 are technically prohibited from using OpenAI's services, but the lack of age verification means minors may use ChatGPT and have their personal data collected and potentially used for AI training before any corrective action is taken.
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Certain products, including those listed below are available to children (individuals under the age of 13 or the equivalent age specified by law in your jurisdiction) but only under the direct supervision of an adult.
Without robust age verification mechanisms, children under 13 may access and use ChatGPT and submit personal data, creating COPPA compliance risk for OpenAI and safety risks for minors whose data may be retained and used for model training.
(1) REGULATORY FRAMEWORK: COPPA (Children's Online Privacy Protection Act), 15 U.S.C. §§6501-6506 and 16 C.F.R. Part 312, prohibits collection of personal information from children under 13 without verifiable parental consent. FTC enforcement authority. EU GDPR Art. 8 sets the age of digital consent at 16 (or lower as set by member states, minimum 13). UK Age Appropriate Design Code (Children's Code) imposes additional design obligations. (2)
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