The standard practice for most users has involved ChatGPT retaining certain data to support safety checks, debugging, and model improvement (if data collection is enabled). This applies to ChatGPT Free, ChatGPT Plus (also known as Premium), ChatGPT Pro, ChatGPT Team, and Standard API customers without ZDR enabled. However, following the May 2025 court order, these practices have been changed.
We wanted to learn if it is possible to delete our data by asking ChatGPT directly for clarification.
How the Conversation Started
We first asked, in plain language, if we could just tell ChatGPT to delete everything we’ve said and have it vanish from the system. ChatGPT explained that under normal circumstances, yes, you can. You can delete your chat history, remove saved “memories,” and even delete your whole account.
At this point, it still sounded like data deletion was mostly under our control…
But… Then We Brought Up the Court Case
We mentioned a news report about a recent court order in the United States, part of a copyright lawsuit involving The New York Times. The judge told OpenAI to keep all user conversations, including deleted ones, until further notice… and we wanted to confirm if that meant our chats would still be stored even if we hit delete?
Then ChatGPT explained that yes, if you are on the free, Plus, Pro, Team, or standard API versions, your data is kept in secure storage right now because of that order. This includes chats you delete, chats from “temporary” sessions, and possibly even data from deleted accounts.
The only people not affected are those using ChatGPT Enterprise, Edu, or the API with Zero Data Retention agreements.
What This Means for You and Your Business
If you’re on a standard ChatGPT plan:
- You can still delete chats from your account view – they just won’t be fully erased from OpenAI’s systems right now.
- You can still delete your account – but copies of your chats will be kept under the court order.
- You can still turn off chat history and memory – which limits what’s stored in your account, but not what’s preserved under the order.
For organisations, this legal hold means anything entered ChatGPT on a non-exempt account could remain stored for an indefinite period. This includes client names, contact details, contracts, internal reports, or any other sensitive material. Even if you delete it from your account, a copy will still exist under the court’s preservation order.
Which means that until this legal requirement is lifted, you can’t delete your data unless you’re using ChatGPT Enterprise, Edu, or a Zero Data Retention API setup.
How Should You Use ChatGPT Right Now?
Since deleted chats are still stored under the current court order, it is important to be thoughtful about what you type into ChatGPT, especially if you are on the free, Plus, Pro, Team, or standard API versions.
For Everyday Users
- Avoid putting in anything that could personally identify you, like your full name, address, phone number, or bank details
- Don’t paste in private logins or passwords
- Be cautious with sensitive documents, such as medical reports or legal papers
- If you must discuss private matters, try to keep them general instead of giving exact details
For Businesses
- Do not paste client data, internal files, or financial information unless you are using Enterprise, Edu, or Zero Data Retention API
- Be careful with confidential agreements, strategic plans, or intellectual property, these can still be stored under the court order if shared on non-exempt accounts
- If you want to train internal staff using ChatGPT, create guidelines on what can and cannot be entered
- Consider moving to an exempt plan if you need to use ChatGPT regularly for sensitive tasks
Overall advice
Treat ChatGPT like any online tool where the content you enter could be stored. If you wouldn’t post it publicly or send it unencrypted by email, think twice before putting it into ChatGPT unless you are on a plan that guarantees zero data retention.Top of Form
Have questions about keeping your data safe when using AI?
Our team can help you understand the privacy options available and guide you on secure ways to use ChatGPT in your business. Get in touch with us today to learn how to protect sensitive information while still making the most of AI tools.
