OpenAI no longer has to preserve all of its ChatGPT data, with some exceptions

The controversial preservation order requiring OpenAI to indefinitely keep records of its ChatGPT data has been terminated. Federal judge Ona T. Wang filed a new order on October 9 that frees OpenAI of an obligation to “preserve and segregate all output log data that would otherwise be deleted on a going forward basis.”

The case kicked off in late 2023, with the New York Times suing OpenAI for copyright infringement, alleging that the AI giant trained its models with the news outlet’s intellectual property without proper compensation. In May of this year, OpenAI was ordered to retain all of its chat logs so that the NYT could investigate claims of copyright violation. In response, OpenAI appealed the court order, arguing that the preservation order was an “overreach” and risks its users’ privacy.

However, this latest decision means the AI giant no longer has to preserve chat logs as of September 26, except for some. The judge in the case said that any chat logs already saved under the previous order would still be accessible and that OpenAI is required to hold on to any data related to ChatGPT accounts that have been flagged by the NYT. Moving forward, the NYT is allowed to expand the number of flagged users, as it continues to comb through OpenAI’s preserved records.