OpenAI Challenges Court Order to Preserve Deleted ChatGPT Conversations Amid NYT Lawsuit

Reviewed byNidhi Govil

9 Sources

OpenAI appeals a court order requiring it to indefinitely store deleted ChatGPT conversations as part of The New York Times' copyright lawsuit, citing user privacy concerns and setting a precedent for AI data retention.

Court Order Challenges OpenAI's Data Retention Policies

OpenAI, the company behind the popular AI chatbot ChatGPT, is appealing a court order that requires it to indefinitely store deleted user conversations. This directive comes as part of an ongoing copyright lawsuit filed by The New York Times against OpenAI and Microsoft in 2023 1.

The Court Order and Its Implications

Source: Gizmodo

Source: Gizmodo

In May 2025, U.S. Magistrate Judge Ona T. Wang issued an order compelling OpenAI to "preserve and segregate all output log data that would otherwise be deleted on a going forward basis" 5. This includes chats deleted by user request or due to privacy obligations. The order affects users of ChatGPT Free, Plus, Pro, and Team, as well as API customers without a Zero Data Retention (ZDR) agreement 4.

OpenAI's Response and Privacy Concerns

OpenAI has strongly opposed this order, arguing that it conflicts with the company's privacy commitments to its users. Brad Lightcap, OpenAI's COO, stated that the demand "abandons long-standing privacy norms and weakens privacy protections" 2. The company has filed a formal objection to the court's order, requesting that it be vacated 5.

Sam Altman's Call for "AI Privilege"

Source: TechRadar

Source: TechRadar

OpenAI CEO Sam Altman has proposed the concept of "AI privilege" in response to the court order. He argues that conversations with AI should be treated with the same level of confidentiality as those with lawyers or doctors 4. This suggestion hints at a potential future legal framework for AI privacy protection.

The New York Times Lawsuit

The court order stems from The New York Times' copyright infringement lawsuit against OpenAI and Microsoft. The newspaper alleges that these companies used millions of its articles without permission to train their AI models 3. The Times argues that preserving user data could help maintain evidence to support its case 1.

Source: engadget

Source: engadget

Broader Implications for AI and Privacy

This case raises important questions about the balance between intellectual property rights and user privacy in the age of AI. It also highlights the need for clearer regulations and standards governing AI data usage and retention 5.

Next Steps

Judge Wang has indicated that the order is temporary and has instructed the parties to develop a sampling plan to test whether deleted user data materially differs from retained logs 5. As the case progresses, it will likely set important precedents for how AI companies handle user data and respond to legal challenges in the future.

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