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Is ChatGPT confidential?

By Ben Tabas, Intrica Research · Updated · US

Answer

ChatGPT chats on personal plans can be used to train OpenAI's models unless you change your settings, and Business plan data is excluded from training by default. OpenAI's training summary for GPT-6 Astra, dated Sept. 2, 2026, says it may train on ChatGPT and Codex interactions subject to privacy settings and opt-outs.

Which plans train on your chats

  • Interactions from products such as ChatGPT and Codex may be used to train OpenAI's models, subject to privacy settings, user requests and opt-outs, per OpenAI's GPT-6 Astra training summary dated Sept. 2, 2026.
  • The ChatGPT Business plan lists no training on your business data by default, per OpenAI's ChatGPT pricing page checked Oct. 28, 2026.
  • Data sent to the OpenAI API has not been used to train its models since March 1, 2023 unless the customer opts in, per OpenAI's API data controls page checked Oct. 28, 2026.
  • API abuse monitoring logs are kept for up to 30 days by default, and zero data retention needs OpenAI's prior approval, per the same page.

What courts and rules say

In United States v. Heppner, Judge Jed Rakoff of the Southern District of New York ruled on Feb. 13, 2026 that documents a defendant made with Claude, Anthropic's publicly available assistant, were protected by neither attorney-client privilege nor work product, per Orrick's summary of March 25, 2026.

The court relied on the AI provider's consumer privacy policy, which allowed training on inputs and disclosure to third parties, including government authorities, per the same summary. Orrick notes that enterprise terms with negotiated confidentiality have not been tested in court.

ChatGPT Free, Plus, Pro and Business are not eligible for protected health information, per OpenAI's HIPAA Guide posted July 9, 2026.

Before you paste sensitive data

  1. Turn off model training in your personal ChatGPT data controls, or move company work to a Business workspace.
  2. Assume a chat can be requested in a lawsuit. Keep legal strategy in conversations with your lawyer.
  3. Put health data only into a product your BAA with OpenAI names.
  4. Build customer-facing features on the API, and ask OpenAI about zero data retention if you handle regulated data.

See what ChatGPT and Google AI tell buyers when they ask whether your product keeps their data private.

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Sources

  1. Public Summary of Training Content for GPT-6 Astra · OpenAI, Sept. 2, 2026Supports: OpenAI may train on ChatGPT and Codex interactions, subject to privacy settings and opt-outs.
  2. ChatGPT pricing · OpenAI, Oct. 28, 2026Supports: Checked Oct. 28, 2026: the Business plan lists no training on business data by default.
  3. Data controls in the OpenAI platform · OpenAI, Oct. 28, 2026Supports: Checked Oct. 28, 2026: API data not used for training since March 1, 2023, 30-day abuse monitoring logs, and zero data retention approval.
  4. Court Rules AI Conversations Are Not Privileged: What United States v. Heppner Means for You · Orrick, Herrington & Sutcliffe, March 25, 2026Supports: The Heppner ruling that consumer AI chats were not privileged, and the court's reliance on the provider's privacy policy.
  5. HIPAA Implementation and Configuration Guide · OpenAI, July 9, 2026Supports: Consumer ChatGPT plans and ChatGPT Business are not eligible for protected health information.

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General information, not legal advice.

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