The policy authorizes disclosure of personal data, including service interaction data, to government authorities, industry peers, and other third parties across six enumerated categories including legal compliance, good faith belief of legal necessity, rights protection, sole discretion determination of policy violations, fraud prevention, safety and security, and liability protection.
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
The provision includes a sole discretion determination of policy violations as a standalone basis for disclosure to third parties, which is operationally distinct from the legal obligation and fraud prevention bases. The 'good faith belief' standard for legal obligation compliance is a common formulation but encompasses voluntary disclosure in advance of formal legal compulsion.
Interpretive note: The 'industry peers' disclosure category is not further defined in the policy text, and the practical scope of the sole discretion policy violation basis for disclosure is subject to interpretation depending on the context in which it is applied.
The updated policy explicitly discloses that OpenAI receives information from advertisers and other data partners for Free and Go users, and uses this data to personalize ads and measure ad effectiveness. The policy now states that Free and Go users can control what data OpenAI uses to personalize ads through advertising controls in account settings. This represents clarified disclosure of an existing practice rather than a new authorization.
View change record →The updated privacy policy now explicitly states that OpenAI receives information from advertisers and other data partners, which is used to personalize ads shown to Free and Go users and to measure the effectiveness of those ads. For example, the policy notes that OpenAI could receive information about purchases users make from advertisers. The policy now includes a dedicated section on ad personalization and measurement as a primary use of personal data for these user tiers. You can manage what data OpenAI uses for ad personalization by accessing the advertising controls in your account settings or by using the Data Controls option.
View change record →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 partners (who are not service providers) to support these efforts. The policy states that some marketing partners may receive information through cookies and similar technologies. The revised terms establish that these marketing practices are subject to user choices and controls, with additional information and opt-out options available. You can make choices about the use of your information for third-party product promotion purposes through controls referenced in the policy.
View change record →Removal of explicit disclosure about government data sharing and broad discretionary sharing provisions reduces transparency about third-party data disclosures in the public-facing policy.
View full change record →Under this clause, personal data including service interaction history may be shared with government authorities or other third parties when OpenAI determines in its sole discretion that a terms or policy violation has occurred, in addition to legally required disclosures and fraud prevention disclosures. The scope of 'industry peers' as a disclosure recipient is not further defined in the policy text.
Cross-platform context
See how other platforms handle Data Disclosure for Government Authorities and Legal Purposes and similar clauses.
Compare across platforms →"We may share your Personal Data, including information about your interaction with our Services, with government authorities, industry peers, or other third parties in compliance with the law (i) if required to do so to comply with a legal obligation, or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, users, or the public, or (vi) to protect against legal liability.Excerpt from OpenAI's Privacy Policy
1) REGULATORY LANDSCAPE: Government data disclosure practices engage the Electronic Communications Privacy Act and the Stored Communications Act in the US, which govern law enforcement access to stored communications and user data.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
The provision includes a sole discretion determination of policy violations as a standalone basis for disclosure to third parties, which is operationally distinct from the legal obligation and fraud prevention bases. The 'good faith belief' standard for legal obligation compliance is a common formulation but encompasses voluntary disclosure in advance of formal legal compulsion.
Under this clause, personal data including service interaction history may be shared with government authorities or other third parties when OpenAI determines in its sole discretion that a terms or policy violation has occurred, in addition to legally required disclosures and fraud prevention disclosures. The scope of 'industry peers' as a disclosure recipient is not further defined in the policy …
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.