Residents of certain U.S. states, including California, Texas, Virginia, and others, have specific rights under state privacy laws including the right to access, delete, correct, and opt out of sale or sharing of their personal data.
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 identifies the specific rights available to U.S. state residents under applicable privacy statutes, which are legally enforceable regardless of OpenAI's policy terms.
The policy states that residents of covered U.S. states may have legally enforceable rights including opting out of the sale or sharing of personal data and opting out of targeted advertising. These rights can be exercised through the privacy portal at privacy.openai.com.
How other platforms handle this
Depending on where you live, you may have certain rights with respect to your personal information. These rights may include: The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which we collected i...
Depending on where you live, you may have certain rights regarding your personal information. These rights may include the right to know what personal information we have collected about you, the right to delete your personal information, the right to correct inaccurate personal information, the rig...
If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA). These rights may include: the right to know about personal information collected, disclosed, or sold; the right to delete personal information collected from you; the right to opt-out of t...
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"Depending on your U.S. state of residence, you may have additional rights related to your Personal Data. These may include the right to know what personal data is collected, used, disclosed, or sold; the right to delete personal data; the right to correct inaccurate personal data; the right to opt out of the sale or sharing of personal data; the right to opt out of targeted advertising; the right to limit the use of sensitive personal data; and the right to non-discrimination for exercising privacy rights.— Excerpt from OpenAI's Privacy Policy (ROW)
REGULATORY LANDSCAPE: This provision engages CCPA and CPRA (California), the Texas Data Privacy and Security Act, Virginia CDPA, Colorado Privacy Act, Connecticut Data Privacy Act, and analogous statutes in other states. Enforcement authorities include the California Privacy Protection Agency, state attorneys general, and in some states, private rights of action for data breaches. OpenAI's disclosure of rights is required under these statutes and the adequacy of the disclosure may be evaluated by those authorities. GOVERNANCE EXPOSURE: Medium. The opt-out of sale or sharing and targeted advertising rights require operational mechanisms that must be verified to function as described. The adequacy of OpenAI's opt-out mechanisms for each covered state may vary, and annual policy review obligations under some statutes apply. JURISDICTION FLAGS: California CPRA creates the most detailed set of obligations including sensitive personal information rights, data minimization, and purpose limitation. Illinois BIPA is not directly addressed in this provision but may apply where biometric data is involved. States continue to enact new privacy laws, requiring periodic policy review. CONTRACT AND VENDOR IMPLICATIONS: Organizations acting as businesses under CCPA/CPRA must ensure their service provider agreements with OpenAI include the required contractual provisions, including restrictions on further use of data beyond the service relationship. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that OpenAI's opt-out mechanisms for sale, sharing, and targeted advertising are technically functional and accessible. Records of opt-out requests should be maintained as required under applicable state statutes.
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This provision identifies the specific rights available to U.S. state residents under applicable privacy statutes, which are legally enforceable regardless of OpenAI's policy terms.
The policy states that residents of covered U.S. states may have legally enforceable rights including opting out of the sale or sharing of personal data and opting out of targeted advertising. These rights can be exercised through the privacy portal at privacy.openai.com.
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