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The policy establishes that user-deleted personal data is removed within 30 days, subject to exceptions for legal obligations, fraud prevention, security, financial recordkeeping, policy violations, and content already de-identified for model training. Data subject to these exceptions may be retained beyond the user-requested deletion date.
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 defines the practical limits of the user deletion right. The de-identification carve-out is particularly significant: content that has already been de-identified and disassociated from an account for model training purposes may not be removed following a deletion request, which constrains the operational scope of deletion rights for users who have not previously opted out of training data use.
Interpretive note: The policy does not specify maximum retention durations for each exception category, and the enforceability of the de-identification carve-out as a complete defense to deletion requests under various state privacy laws is subject to regulatory interpretation.
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 clause, a deletion request will result in removal of personal data within 30 days in most cases, but data retained for fraud, legal, security, or financial recordkeeping purposes may remain beyond that window. Content already de-identified for model training before the deletion request is processed may not be deleted under the terms as stated.
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"Once you choose to delete Personal Data, we will remove it from our systems within 30 days unless we need to retain it for longer as described below, or it has already been de-identified and disassociated from your account when you allow us to use your Content to improve our models... In some cases, we need to retain Personal Data for longer even after you delete it, for example because we are legally required to, to address fraud and abuse, for security reasons, or for financial record-keeping purposes.Excerpt from OpenAI's Privacy Policy
1) REGULATORY LANDSCAPE: The right to deletion is established under CCPA and CPRA for California residents, with enumerated exceptions that generally align with those cited in this policy. GDPR Article 17 (applicable to EEA users under a separate policy) includes a right to erasure with comparable exceptions. The policy's de-identification carve-out may engage questions about whether de-identified data derived from personal information remains subject to deletion rights under applicable law, which varies by jurisdiction and regulatory interpretation. 2) GOVERNANCE EXPOSURE: Medium. The breadth of the retention exceptions (fraud, abuse, security, legal obligations, financial records, policy violations) is substantial. The policy does not specify maximum retention periods for each exception category, which creates ambiguity about the duration of post-deletion retention in practice. 3) JURISDICTION FLAGS: California (CPRA) and other state comprehensive privacy laws require that deletion exceptions be narrowly construed and that retained data not be used for purposes beyond the stated exception. The de-identification carve-out may face scrutiny in jurisdictions where regulators apply a higher standard for what constitutes genuine de-identification. Illinois and other states with biometric or sensitive data protections may impose stricter deletion obligations for relevant data categories. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should note that the consumer-facing deletion terms do not apply to API-processed data, which is governed by separate customer agreements. Business account administrators retain access to user content through the administrator access provision, which may interact with deletion requests depending on account structure. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should map the specific retention exception categories to internal data retention schedules to verify alignment. The audit record of erasure requests retained by OpenAI (explicitly disclosed in the policy) should be accounted for in data inventory documentation. Organizations subject to GDPR or UK GDPR for their own data processing should assess whether reliance on OpenAI's consumer services creates downstream retention obligations.
This provision defines the practical limits of the user deletion right. The de-identification carve-out is particularly significant: content that has already been de-identified and disassociated from an account for model training purposes may not be removed following a deletion request, which constrains the operational scope of deletion rights for users who have not previously opted out of training data use.
Under this clause, a deletion request will result in removal of personal data within 30 days in most cases, but data retained for fraud, legal, security, or financial recordkeeping purposes may remain beyond that window. Content already de-identified for model training before the deletion request is processed may not be deleted under the terms as stated.
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