The policy prohibits using OpenAI services to aggregate, monitor, profile, or distribute private or sensitive information without authorization, and categorically prohibits building facial recognition databases without data subject consent, conducting social scoring, inferring emotions in workplace or educational settings outside medical or safety contexts, and predicting criminal offense risk from 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 mirror prohibited AI practices enumerated in the EU AI Act, including social scoring by public authorities, emotion recognition in the workplace and educational settings, and criminal risk prediction based on profiling. Their inclusion in OpenAI's contractual terms establishes enforceable use restrictions applicable across all OpenAI products and services.
Interpretive note: The policy does not define the scope of sensitive attributes or clarify what constitutes a medical or safety exception for workplace emotion inference, creating interpretive ambiguity at the margins of compliance.
Under these terms, users and developers are prohibited from using OpenAI services to build social scoring systems, conduct profiling based on personal traits or biometric data, infer workplace or educational emotional states, or predict criminal risk from profiling. The agreement establishes these as categorical prohibitions applicable to all OpenAI products.
Cross-platform context
See how other platforms handle Prohibition on Privacy-Compromising Data Practices Including Social Scoring 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 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: These prohibitions directly engage the EU AI Act's list of prohibited AI practices, which include social scoring, real-time biometric identification, and emotion inference in the workplace and educational settings.
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These prohibitions mirror prohibited AI practices enumerated in the EU AI Act, including social scoring by public authorities, emotion recognition in the workplace and educational settings, and criminal risk prediction based on profiling. Their inclusion in OpenAI's contractual terms establishes enforceable use restrictions applicable across all OpenAI products and services.
Under these terms, users and developers are prohibited from using OpenAI services to build social scoring systems, conduct profiling based on personal traits or biometric data, infer workplace or educational emotional states, or predict criminal risk from profiling. The agreement establishes these as categorical prohibitions applicable to all OpenAI products.
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