The policy prohibits using OpenAI services to score or classify individuals based on social behavior, personal traits, or biometric data; to infer emotions in workplace or educational contexts (with a narrow exception for medical or safety purposes); and to assess or predict criminal offense risk based solely 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
These prohibitions directly parallel several categories of prohibited AI practices under the EU AI Act, including social scoring by public authorities and biometric categorization for sensitive attribute inference, and apply contractually to all OpenAI users regardless of jurisdiction.
Interpretive note: The scope of the medical or safety exception for emotion inference is not further defined in the document, and the term 'profiling' is not given a specific definitional threshold, creating interpretive uncertainty in edge cases.
This provision establishes that OpenAI services cannot be used to generate social scores, profile individuals based on personal traits or behavior, infer emotions in workplace or school settings, or predict criminal behavior from personal characteristics or profiling data.
Cross-platform context
See how other platforms handle Prohibition on Social Scoring, Profiling, and Emotion Inference and similar clauses.
Compare across platforms →"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 the EU AI Act's prohibited AI practices provisions, which ban AI systems used for social scoring by public authorities, biometric categorization for sensitive attribute inference, and criminal risk assessment …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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These prohibitions directly parallel several categories of prohibited AI practices under the EU AI Act, including social scoring by public authorities and biometric categorization for sensitive attribute inference, and apply contractually to all OpenAI users regardless of jurisdiction.
This provision establishes that OpenAI services cannot be used to generate social scores, profile individuals based on personal traits or behavior, infer emotions in workplace or school settings, or predict criminal behavior from personal characteristics or profiling data.
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