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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 →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.
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"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. The FTC's authority over unfair or deceptive practices is relevant to the accuracy and fairness of the policy violation determination basis. State privacy laws in California and other jurisdictions may impose transparency requirements on law enforcement disclosure practices. Outside the US, the separate EEA/UK policy applies, but global users whose data is stored in US-based systems may be affected by US legal process. 2) GOVERNANCE EXPOSURE: Medium. The sole discretion policy violation basis for disclosure is broader than a legal obligation standard and may encompass a range of enforcement scenarios. The disclosure to 'industry peers' is not defined further and may encompass information sharing with other AI or technology companies for safety or fraud purposes. 3) JURISDICTION FLAGS: Users in jurisdictions with strong data protection laws (EEA, UK) may have additional procedural protections against government access, addressed through the separate regional policy. US users have protections under the Stored Communications Act regarding law enforcement access, but the policy's voluntary disclosure provisions for policy violations and safety operate outside that framework. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations using OpenAI services should assess whether the government disclosure provision is consistent with their own legal hold, litigation response, and data governance obligations. The sole discretion policy violation disclosure basis should be reviewed in the context of any data processing agreements or confidentiality commitments. 5) COMPLIANCE CONSIDERATIONS: Legal teams should map the six disclosure categories to existing legal hold and regulatory response procedures. The 'good faith belief' standard should be evaluated against applicable legal requirements for voluntary disclosure in the organization's primary jurisdictions of operation.
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 …
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