Judge Lifts Broad ChatGPT Data Preservation Order; Exceptions for NYT-Flagged Accounts

On October 9, Magistrate Judge Ona T. Wang issued a new order relieving OpenAI of a prior requirement to indefinitely preserve and segregate all ChatGPT output logs. The change ends the blanket preservation mandate that had been in place since an earlier phase of the case brought by The New York Times alleging copyright infringement.

Key points

• Order lifted: OpenAI is no longer required to preserve all ChatGPT output logs going forward.
• Exceptions remain: Logs already preserved under the earlier order remain accessible to litigants, and OpenAI must retain data tied to ChatGPT accounts specifically flagged by the NYT for the ongoing investigation.
• NYT may flag more accounts: The New York Times can expand the set of flagged users as it continues reviewing preserved records.
• Privacy vs. discovery: OpenAI had argued the earlier preservation order was an overreach and posed risks to user privacy; the new order reduces the scope of blanket retention but preserves targeted discovery for the lawsuit.

This report is based on coverage by Engadget. For more details, see: Engadget: OpenAI no longer has to preserve all of its ChatGPT data (with some exceptions).

If you have thoughts on how courts should balance user privacy and discovery in AI cases, leave a comment below.

Originally reported by Engadget; article accessed October 2025.