The data retention order impacts a large portion of ChatGPT's user base, which includes over 400 million weekly active users as of early 2025. Affected users include those on ChatGPT Free, Plus, Pro, and Teams subscriptions, as well as developers using the OpenAI API without a Zero Data Retention agreement. However, ChatGPT Enterprise, ChatGPT Edu, and API customers utilizing Zero Data Retention endpoints are exempt from this order. OpenAI emphasizes its commitment to user privacy and is actively seeking to overturn the court's decision.
Key takeaways:
- The New York Times has sued OpenAI for unauthorized use of its articles to train language models and requested indefinite retention of ChatGPT user content.
- OpenAI's COO, Brad Lightcap, argues that the NYT's demand conflicts with privacy commitments and industry norms.
- OpenAI is appealing the court order but will comply by storing the data securely, accessible only to a small, audited legal and security team.
- The data retention order affects ChatGPT Free, Plus, Pro, and Teams users, as well as certain API developers, but not ChatGPT Enterprise, Edu, or Zero Data Retention API customers.