Provision record
OpenAI · OpenAI Privacy Policy · View original document ↗

Data Retention Policy

Medium severity Medium confidence Explicit document language Common · 275 of 352 platforms
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Document Record

What it is

OpenAI keeps your personal data for as long as needed to run its services and meet legal requirements, with no fixed deletion timeline specified in the policy.

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 authorizes data retention across multiple operational categories (service provision, legal obligations, dispute resolution, contract enforcement) without specifying fixed retention timelines, establishing a principle-based rather than time-bound retention framework.

Interpretive note: The policy does not specify retention periods or maximum timeframes, making it difficult to assess compliance with GDPR storage limitation requirements without additional operational documentation.

Recent Activity

This document changed recently

Medium Jun 12, 2026

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 →
Medium Jun 7, 2026

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 →
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 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 →

Consumer impact (what this means for users)

Your personal data including conversation history may be retained indefinitely under the 'legitimate business purposes' standard unless you actively request deletion through OpenAI's Privacy Portal.

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 and submit a data deletion request to have your personal data removed from OpenAI's systems. You may also email privacy@openai.com with your deletion request.

How other platforms handle this

Affirm Medium

Affirm will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.

Palantir Medium

We collect and keep personal data only as needed or allowed for the purposes set out in this Statement, based on the reason we collected the personal data in the first instance and what is permitted under the laws that apply to the processing.

Mistral AI Medium

Mistral AI shall retain the Customer Exportable Data and Assets for a period of thirty (30) days from the earlier between (a) the expiration of the Transitional Period or (b) Customer's notification under Section 2.2.2 (b) of these Additional Terms.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
We retain your Personal Data for as long as necessary to provide you with our services or for other legitimate business purposes, such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Retention periods will vary depending on the type of data and the purpose for which it was collected.

Excerpt from OpenAI's Privacy Policy

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: GDPR Article 5(1)(e) requires that personal data be kept in a form that permits identification of data subjects for no longer than necessary (storage limitation principle).

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
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-000090
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-000090
Captured: 2026-05-10 22:24:41 UTC
SHA-256: 9fedd919cc6d99e9…
URL: https://conductatlas.com/platform/openai/openai-privacy-policy/provision/CA-P-000090/data-retention-policy/
Accessed: Sept. 20, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does OpenAI's Data Retention Policy clause do?

The clause authorizes data retention across multiple operational categories (service provision, legal obligations, dispute resolution, contract enforcement) without specifying fixed retention timelines, establishing a principle-based rather than time-bound retention framework.

How does this clause affect you?

Your personal data including conversation history may be retained indefinitely under the 'legitimate business purposes' standard unless you actively request deletion through OpenAI's Privacy Portal.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 275 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.