The policy prohibits using OpenAI services to build tools that enable stalkerware, mass surveillance of individuals without their knowledge or consent, or monitoring systems that violate civil rights.
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 prohibition addresses the use of AI to enable invasive personal tracking, including applications designed to covertly monitor individuals' communications, location, or activity without consent.
Interpretive note: Verbatim text could not be extracted from the binary PDF. The exact scope of prohibited surveillance versus permissible monitoring use cases is not fully defined in available document text, creating interpretive ambiguity for edge cases.
Developers who use the OpenAI API to build applications that covertly monitor individuals' communications, location data, or online activity without their knowledge are in violation of this policy and subject to API access termination.
How other platforms handle this
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1. REGULATORY LANDSCAPE: This provision intersects with the Electronic Communications Privacy Act (ECPA), state wiretapping statutes, and GDPR Articles 5, 6, and 9 regarding lawful basis for processing personal data including location data and communications content. The FTC has previously brought enforcement actions against stalkerware developers under Section 5 of the FTC Act. The EU AI Act classifies certain real-time biometric identification and mass surveillance systems as prohibited AI practices. 2. GOVERNANCE EXPOSURE: High for operators in workforce monitoring, law enforcement technology, parental control, or relationship tracking sectors. The boundary between permissible monitoring (such as consented parental controls) and prohibited surveillance tools may require case-by-case legal assessment and is not fully defined in the available document text. 3. JURISDICTION FLAGS: EU operators face the EU AI Act's prohibition on certain mass surveillance AI systems and GDPR restrictions on processing location and communications data without a lawful basis. Illinois BIPA, California CCPA, and New York SHIELD Act create additional state-level exposure for operators processing biometric or personal identifiers in surveillance contexts. The FTC has jurisdiction over stalkerware operators in the US. 4. CONTRACT AND VENDOR IMPLICATIONS: Operators in workforce analytics, security, or parental monitoring sectors should seek written guidance from OpenAI on the scope of permissible use cases. Contracts should include representations about the lawful basis for any monitoring use case built on the API. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether existing monitoring products built on the OpenAI API fall within permissible bounds. Privacy impact assessments should be conducted for any application involving individual tracking or communications monitoring. Consent mechanisms should be reviewed to ensure they meet applicable legal standards.
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This prohibition addresses the use of AI to enable invasive personal tracking, including applications designed to covertly monitor individuals' communications, location, or activity without consent.
Developers who use the OpenAI API to build applications that covertly monitor individuals' communications, location data, or online activity without their knowledge are in violation of this policy and subject to API access termination.
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