OpenAI may share your personal data with law enforcement or government authorities if it believes this is required by law or necessary to protect safety, prevent fraud, or enforce its terms.
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 clause means your conversation content and personal data could be disclosed to government authorities based on OpenAI's own 'good faith' assessment, without necessarily requiring a court order in all circumstances.
Interpretive note: The 'good faith belief' standard for disclosure to private parties, as distinct from mandatory legal process, is ambiguous regarding the threshold required before disclosure would occur.
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…
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…
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…
Sensitive information you share in conversations with OpenAI could be disclosed to law enforcement agencies or private parties if OpenAI determines in good faith that disclosure is necessary, which may occur without prior notice to you.
How other platforms handle this
We may access, preserve, and share information with regulators, law enforcement, or others if we believe it is reasonably necessary to: detect, prevent, and address fraud and other illegal activity; protect ourselves, you, and others, including as part of investigations; and prevent death or imminen...
We may disclose your information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements. We may also disclose your information if we believe it...
To the extent lawfully permissible, you acknowledge, consent and agree that Dun & Bradstreet shall also have the right to access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably...
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"We may disclose your Personal Data to law enforcement, government authorities, or private parties if we believe in good faith that such disclosure is necessary to: comply with applicable law or legal process, including to respond to subpoenas, search warrants, or court orders; protect the rights, property, or safety of OpenAI, our users, or others; detect, prevent, or address fraud, security, or technical issues; or enforce our terms of service or other agreements.— Excerpt from OpenAI's OpenAI Privacy Policy
(1) REGULATORY LANDSCAPE: This provision implicates the Electronic Communications Privacy Act (ECPA) and applicable state wiretap and stored communications laws in the US, as well as analogous frameworks in other jurisdictions. GDPR Article 6(1)(c) permits processing necessary for compliance with a legal obligation, which can cover mandatory disclosures, but voluntary disclosures require a separate legal basis. The breadth of the 'good faith belief' standard for voluntary disclosure (beyond mandatory legal process) may warrant scrutiny. (2) GOVERNANCE EXPOSURE: Medium. The 'good faith' standard for disclosure to 'private parties' in addition to law enforcement is broader than many comparable policies, which typically limit voluntary disclosure to law enforcement only. Disclosure to private parties for fraud or safety purposes without a legal requirement could raise questions about adequacy of threshold standards. (3) JURISDICTION FLAGS: EEA and UK users are protected by GDPR restrictions on law enforcement disclosures to non-EU authorities; disclosures to US law enforcement by an EU-established entity may require compliance with GDPR Chapter V transfer provisions. US users have fewer formal protections against voluntary law enforcement disclosures absent a specific statutory prohibition. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers handling sensitive or regulated data (healthcare, legal, financial) should assess whether submission of that data to OpenAI creates risks of unanticipated law enforcement disclosure and whether their acceptable use policies address this. (5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether OpenAI publishes a transparency report disclosing the volume of law enforcement requests received; assess whether the 'private parties' disclosure category is consistent with applicable law; and evaluate whether client confidentiality or professional privilege obligations restrict submission of certain data to OpenAI.
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This clause means your conversation content and personal data could be disclosed to government authorities based on OpenAI's own 'good faith' assessment, without necessarily requiring a court order in all circumstances.
Sensitive information you share in conversations with OpenAI could be disclosed to law enforcement agencies or private parties if OpenAI determines in good faith that disclosure is necessary, which may occur without prior notice to you.
ConductAtlas has identified this type of provision across 6 platforms. See the full comparison.
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