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OpenAI Says ChatGPT Data-Retention Order Ended September 26, 2025

OpenAI says the forward-looking ChatGPT output-log preservation requirement ended September 26, 2025, while a limited historical data set remained under a separate legal hold.
From TheFinanceBase Team3 min to read
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OpenAI says the court-ordered, indefinite preservation of certain ChatGPT output logs ended on September 26, 2025. That was a litigation evidence-preservation requirement in the New York Times copyright case—not a ruling on copyright infringement, not the end of the lawsuit, and not a statement that every retained record was deleted. OpenAI said a limited historical set of data from April through September 2025 remained under a separate legal hold.

What the ChatGPT data order required

On May 13, 2025, U.S. Magistrate Judge Ona T. Wang directed OpenAI to preserve and segregate output-log data that otherwise would have been deleted, including data marked for deletion at a user’s request. The order applied going forward until further order of the court. It was designed to preserve potentially relevant evidence during discovery in publishers’ copyright litigation, including disputes about ChatGPT’s reproduction of publisher content. It was not a general ruling about the data practices of every OpenAI product or account type. Read the May 13 order.

Judge Wang wrote that OpenAI was directed to preserve and segregate output-log data “whether such data might be deleted at a user’s request or because of ‘numerous privacy laws and regulations’ that might require OpenAI to do so.” The order concerned preservation for the case; it did not determine whether training on publishers’ material infringed copyright.

How the order changed—and when it ended

OpenAI’s October 22, 2025 update says its obligations under the earlier order ended on September 26, 2025. The company’s update is the source for that end date; it is not a quotation from the court or a claim that the lawsuit itself concluded. OpenAI’s October 22 update.

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  • May 13, 2025: Judge Wang ordered forward-looking preservation and segregation of output logs that otherwise would have been deleted. Court order.
  • May 16, 2025: The court denied OpenAI’s request to reconsider without prejudice, citing unresolved questions about differences between logs marked for deletion and retained logs, and whether preservation was proportional. Procedural order.
  • May 29, 2025: The court directed the parties to begin sampling 30-day tables of consumer output logs, denied reconsideration again, and deferred further preservation-related discovery until sampling was complete. Procedural order.
  • September 26, 2025: OpenAI says the indefinite, forward-looking obligation ended. OpenAI update.

What OpenAI said about data after the order

OpenAI said deleted ChatGPT conversations and Temporary Chats would return to automatic deletion within 30 days, and that API data would also be automatically deleted after 30 days. Those are OpenAI’s statements about its standard practices in the October 22, 2025 update—not a guarantee that every data category is handled identically or that legal and security exceptions cannot apply. OpenAI’s update.

OpenAI also said it continued to securely store a limited historical set of user data from April through September 2025 under a separate legal hold. It described the set as locked down and accessible only to a small, audited OpenAI legal and security team for legal obligations. OpenAI said it would not be turned over to The New York Times, the court, or anyone else “at this time.” That description and qualification are OpenAI’s, and “at this time” reflects the company’s statement as of October 22, 2025. OpenAI’s case-status page.

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Issue Forward-looking preservation order Historical data legal hold
Period Output logs that otherwise would have been deleted going forward, under the May 13, 2025 order. Court order Limited user data from April through September 2025, according to OpenAI. OpenAI’s case-status page
Status OpenAI says the obligation ended September 26, 2025. OpenAI update OpenAI said the historical set remained under a separate legal hold as of its October 22, 2025 update. OpenAI’s case-status page
What establishes it The May 13 court order established the preservation requirement; OpenAI reported its end date. Order · Update OpenAI’s account describes the retained set and its access restrictions. Case-status page
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What the end of the order does—and does not—mean

The end of the forward-looking preservation requirement does not establish that all previously retained data was erased, that all affected conversations were handled the same way, or that data was handed to The New York Times. OpenAI’s separate statement describes the historical data it said remained under legal hold and its position about disclosure at that time.

Nor did the end of the preservation requirement resolve the underlying copyright claims or other discovery disputes. The order was about retaining potentially relevant records, not deciding the merits of copyright infringement or fair use. A later memorandum order dated August 6, 2026, addressed contributory copyright theories and trademark-dilution claims, including certain dismissals and proposed amendments against Microsoft; it is a distinct development and did not end the 2025 preservation obligation. August 6, 2026 memorandum order.

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OpenAI’s case-status page also discusses a separate dispute involving 20 million retained, de-identified consumer ChatGPT output logs. That figure concerns a later production issue, not the scope of the May 2025 forward-looking preservation order. OpenAI’s case-status page.

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