OpenAI must keep ChatGPT conversations forever: what this means for your privacy

Did you know your ChatGPT chats are no longer really deleted?

In June 2025, a U.S. federal court ordered OpenAI to retain indefinitely all conversations generated by users in ChatGPT —including those that were deleted or marked as temporary—. This decision arises as part of the ongoing litigation with The New York Times, which accuses the company of having used copyright-protected content to train its artificial intelligence models.

The court order represents a major shift in how AI platforms handle user data, and it raises critical questions about privacy, ownership of information, and regulatory compliance, especially for those who use these tools in business settings.

Who is affected?

• Included: ChatGPT users on the Free, Plus, Pro, and Team plans, and those using the standard API.
• Excluded: ChatGPT Enterprise or Edu customers, or those with Zero Data Retention (ZDR) API agreements.

The court order requires OpenAI to retain all conversations “until the court orders otherwise,” as part of evidence gathering in the copyright infringement case brought by The New York Times in December 2023.

More details on the decision can be found in sources such as Reuters, Wired, and OpenAI’s official response on its blog.

Why does this affect us?

If you use ChatGPT to draft internal emails, analyze data, or develop strategies, it is important to know that that content could be retained and available for legal review, even if it was manually deleted.

This poses a serious risk to confidentiality in sectors such as:

• Healthcare (HIPAA compliance)
• Finance (anti-fraud and confidentiality regulations)
• European or international companies (GDPR and equivalents)

In addition, privacy experts warn that the indefinite storage of conversations contradicts OpenAI’s previous policies, something the company itself has acknowledged in its article.

What can you do now?

1. Avoid entering sensitive data in ChatGPT if you use the free or personal plans.
2. If your company needs to use AI, consider migrating to Enterprise or Edu plans, or contracting API access with a Zero Data Retention clause.
3. Set clear internal policies for your team on what can and cannot be shared in AI tools. Train and raise awareness among staff.

So what comes next?

The legal battle between OpenAI and The New York Times is just beginning, but it is already setting precedents on transparency and data protection in the age of artificial intelligence.

OpenAI’s CEO, Sam Altman, has suggested that exchanges with AI should have “privileges” similar to those with a doctor or lawyer. However, that does not yet exist under current law.

In the meantime, if you use ChatGPT for commercial or strategic purposes, it is essential to act now to protect your data and avoid potential legal or reputational risks.

Conclusion

Artificial intelligence remains a powerful tool, but like any technology, it must be used with judgment and caution. What you share with an AI is not as ephemeral as it seems. This case reminds us that privacy should not be taken for granted, but actively defended.