The policy prohibits using OpenAI services to aggregate, monitor, profile, or distribute individuals' private or sensitive information without authorization, and specifically prohibits emotion inference in workplace and educational settings (with a medical or safety exception) and criminal risk prediction based on personal traits or profiling.
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 prohibits emotion inference in workplace and educational contexts and criminal risk prediction based on personal traits, both of which are among the prohibited AI practices enumerated in the EU AI Act, creating a policy-level alignment with that regulation that developers and enterprise customers must independently evaluate for legal compliance.
Interpretive note: The exception for emotion inference 'when necessary for medical or safety reasons' is not defined in the policy, and the qualifier 'solely' in the criminal risk prediction prohibition may require legal interpretation for systems using multiple data inputs.
Refocused from unauthorized access to systems toward privacy violations and elevated severity from medium to high, with explicit prohibition on biometric identification and likeness use.
View full change record →This provision establishes that OpenAI services may not be used to build systems that infer emotions in workplace or educational settings (outside medical or safety contexts), predict criminal risk from personal traits or profiling, or aggregate and distribute individuals' private information without their authorization.
Cross-platform context
See how other platforms handle Prohibition on Privacy Aggregation and Profiling and similar clauses.
Compare across platforms →"Respect privacy. People are entitled to privacy. So, we don't allow attempts to compromise the privacy of others, including to aggregate, monitor, profile, or distribute individuals' private or sensitive information without their authorization. And, you may never use our services for: facial recognition databases without data subject consent real-time remote biometric identification in public spaces use of someone's likeness, including their photorealistic image or voice, without their consent in ways that could confuse authenticity evaluation or classification of individuals based on their social behavior, personal traits, or biometric data (including social scoring, profiling, or inferring sensitive attributes) inference regarding an individual's emotions in the workplace and educational settings, except when necessary for medical or safety reasons assessment or prediction of the risk of an individual committing a criminal offense based solely on their personal traits or on profilingExcerpt from OpenAI's Usage Policies
(1) REGULATORY LANDSCAPE: This provision engages GDPR provisions on processing sensitive personal data and special categories, the EU AI Act's prohibited practices provisions relating to emotion recognition and criminal risk prediction, and the FTC Act's …
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This provision prohibits emotion inference in workplace and educational contexts and criminal risk prediction based on personal traits, both of which are among the prohibited AI practices enumerated in the EU AI Act, creating a policy-level alignment with that regulation that developers and enterprise customers must independently evaluate for legal compliance.
This provision establishes that OpenAI services may not be used to build systems that infer emotions in workplace or educational settings (outside medical or safety contexts), predict criminal risk from personal traits or profiling, or aggregate and distribute individuals' private information without their authorization.
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