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Your ChatGPT History Could Become Public Evidence

2025-10-14The Orlando Law Group3 minutes read
AI
Data Privacy
Legal

The Unwritten Rule of the Internet

For as long as we have had digital communication, the golden rule has always been clear: don't put anything in writing that you wouldn't want the entire world to see. Time and again, history has shown that written records, from private emails to direct messages, have a way of becoming public. This raises a critical question for the modern era: what about your conversations with AI? Could your prompts in ChatGPT be exposed?

A recent court ruling suggests that your AI conversations may not be as private as you think, giving us all a reason to pause and reconsider how we use these powerful tools.

The NY Times vs OpenAI Lawsuit

Earlier this year, a significant development occurred in the closely watched legal battle between The New York Times and OpenAI. The core of the lawsuit revolves around copyright law and the extent to which OpenAI used copyrighted materials to train its ChatGPT product. While the case has been ongoing for some time, a recent court decision has troubling implications for user data privacy.

A Troubling Ruling for User Privacy

The court granted The New York Times' request for OpenAI to preserve all user prompts. The reasoning is that these prompts could serve as crucial evidence of copyright infringement. This means that nearly all of your ChatGPT prompts are now being preserved for potential use in court, directly contradicting the general assumption that they are deleted after 30 days. Your private queries, creative brainstorming, and sensitive questions are now part of a massive legal discovery process.

OpenAI's Position on the Data Order

OpenAI is actively challenging the judge's decision. The company has publicly shared its perspective on the court's order and has clarified who it believes the order specifically applies to. You can read their official response on their website to understand their position in more detail.

What This Means for Your AI Prompts

While there is no immediate threat that your specific ChatGPT prompts will be released to the public, this legal development sets a significant precedent. It's a stark reminder that data entered into third-party platforms is subject to legal and corporate policies that may be beyond your control.

Therefore, it is wise to return to the age-old advice: only enter prompts into an AI program that you would be comfortable with your mother, or even your biggest competitor, reading. Caution and discretion are more important than ever in the age of generative AI.

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