The policy authorizes sharing personal data including service interaction data with government authorities, industry peers, and other third parties across six named circumstances, including a 'sole discretion' determination of policy or law violations.
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
This provision reserves broad authority to disclose personal data to government authorities and third parties beyond mandatory legal compliance, including through a self-assessed 'sole discretion' determination of policy violations. The inclusion of 'industry peers' as a disclosure recipient alongside government authorities is operationally distinct from standard legal compliance disclosure language.
Interpretive note: The practical scope of the 'industry peers' disclosure category and the 'sole discretion' policy violation determination are not further defined in the document, creating uncertainty about the operational boundaries of this provision.
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 →Under this provision, OpenAI may share personal data including service interaction information with government authorities, industry peers, and other third parties when OpenAI determines in its sole discretion that a policy, terms, or legal violation has occurred, in addition to mandatory legal compliance disclosures. Users have no described mechanism to receive advance notice of disclosures made under this provision.
Cross-platform context
See how other platforms handle Government and Third-Party Disclosure Authority 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: Voluntary disclosure of user data to government authorities in the US is evaluated against the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA), which govern when service providers may …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision reserves broad authority to disclose personal data to government authorities and third parties beyond mandatory legal compliance, including through a self-assessed 'sole discretion' determination of policy violations. The inclusion of 'industry peers' as a disclosure recipient alongside government authorities is operationally distinct from standard legal compliance disclosure language.
Under this provision, OpenAI may share personal data including service interaction information with government authorities, industry peers, and other third parties when OpenAI determines in its sole discretion that a policy, terms, or legal violation has occurred, in addition to mandatory legal compliance disclosures. Users have no described mechanism to receive advance notice of disclosures made under this provision.
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