Provision record
OpenAI · OpenAI Usage Policies · View original document ↗

Prohibition on Privacy Aggregation and Profiling

High severity Medium confidence Explicit document language Unique · 0 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Change history

modified Jul 26, 2026

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 →

Consumer impact (what this means for users)

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.

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▸ View Original Clause Language DOCUMENT RECORD
"
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 profiling

Excerpt from OpenAI's Usage Policies

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(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 …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
OpenAI Usage Policies
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-013638
Document ID
CA-D-00753
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
09529215ae44ea4abd46d64b19542e8a3e4d0a72160cf4fdcea0a0032657312b
Analysis generated
July 9, 2026 03:38 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Usage Policies
Record ID: CA-P-013638
Captured: 2026-07-09 03:38:22 UTC
SHA-256: 09529215ae44ea4a…
URL: https://conductatlas.com/platform/openai/openai-usage-policies/provision/CA-P-013638/prohibition-on-privacy-aggregation-and-profiling/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Prohibition on Privacy Aggregation and Profiling clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.