Latest
Your AI Chats Aren’t Private: Deleted ChatGPT Logs in CourtI Joined the Science Fiction Book Club 30 TimesThe Board Seat Scam: A 419 Letter in a Business SuitCitations in a Memoir: Endnotes, Footnotes and Fair UseThe Stores That Still Care: Publix, Walmart, Aldi, Best Buy and the RestThe Grocery Store Plan: Why Every Store Starts With FlowersWinnie-the-Pooh’s 100th Birthday: A Century in the Hundred Acre WoodFree With a Fill-Up: How America Stopped Giving Things AwayAI’s Black Box Is Getting a Window. Somebody Still Has to Look Through It“It Stars C. Thomas Howell. No.” Why AI Gets Stuck in a LoopShould You Query or Self-Publish Your Memoir If You’re Not Famous?Judge the Writing, Not the Tool: What the AI Pile-Ons Get WrongThiago Ferreira: Thinkers, Not DoersYana Semova: Let AI Do the AdminLisa Hamilton-Smith: Unstoppable, AI AssistedTell a Fairy Tale Day: The Stories Everybody EditedJohn Steinbeck Day: The Reporter Who Wrote the NovelInternational Translation Day: The Invisible AuthorsMaya Angelou Day: The Dare That Became a MemoirSuperman Day: The $130 Contract Behind the CapeKurt Vonnegut Day: The Book That Took Twenty YearsInternational Literacy Day: The Readers Books LoseJack Kerouac Day: The Scroll and the Last AddressHarry Potter’s Birthday: The Book Twelve Publishers MissedHarper Lee Day: The Draft Her Editor Saw ThroughGene Roddenberry Day: The Pilot Who Pitched the StarsRoald Dahl Day: Six Pencils and a Grudge Against Grown-UpsNational Podcast Day: The Interview Is the Raw MaterialElmore Leonard Day: Leave Out the Part Readers SkipEncourage a Young Writer Day: The Adult Who Read the PagesBack to the Future Day: The Script Where Everything Pays OffStephen King Day: The Daily Two ThousandZora Neale Hurston Day: The Ear She TrainedFyodor Dostoevsky Day: The Novels Written Against the ClockIan Fleming Day: Two Thousand Words a MorningEmily Dickinson Day: The Poems in the DrawerRobert E. Howard Day: The Texan Who Built ConanAlice’s Day: The Story Told on a Rowing BoatNational Library Lovers Month: The Building a Town Pays ForF. Scott Fitzgerald Day: The Masterpiece That FloppedRaymond Chandler Day: The Novelist Who Started at FiftyElmore Leonard’s 10 Rules of Writing, and Which Ones I BreakShould Your Novel Have a Prologue? When a Cold Open Earns Its Place“People Who Use AI Deserve to Be Castrated”: When the Sentence Outruns the CrimeHow Famous Memoirs Were Really Written: What the Collaborators DidLifeOpen: An AutobiographyFlorida RoadkillIt Doesn’t Take a HeroAmerican Soldier
The Writing King Your Ethical Ghostwriter. Your Story, Done Right.

Your AI Chats Aren’t Private: Deleted ChatGPT Logs in Court

TL;DR: Deleting an AI chat won’t protect it from a court order. In 2025 a federal judge ordered OpenAI to keep ChatGPT conversations users had deleted, and in January 2026 a judge upheld handing 20 million de-identified chats to the other side in a lawsuit. Claude has the same basic exposure, plus a few leaks of its own. Writers, ghostwriters and anyone holding client secrets should keep that work off personal accounts.

You delete a chat, and you assume it’s gone. That assumption got tested in a federal courtroom in 2025, and it lost.

For about four and a half months, OpenAI was under a court order to keep ChatGPT conversations its users had deleted, along with the “temporary” chats that were supposed to vanish on their own. Then a judge ordered 20 million of those conversations handed over to the lawyers on the other side of a copyright lawsuit, and another judge upheld it. The users whose chats were swept up weren’t parties to the case. Nobody asked them.

A post going around LinkedIn this week warned lawyers about exactly this. I checked its claims, and most of them hold up. The warning isn’t only for lawyers, either. Anybody who types somebody else’s secrets into an AI chat should read it. That includes ghostwriters, editors, coaches and anyone else who works with confidential material.

What happened with the OpenAI ChatGPT logs?

The New York Times sued OpenAI for copyright infringement, and the fight over evidence turned into a fight over users’ chats.

On May 13, 2025, Magistrate Judge Ona Wang ordered OpenAI to start keeping every ChatGPT output log it was set to delete. Those logs had to be set aside and held. That covered deleted chats, Temporary Chats, and the conversations of people on the Free, Plus, Pro and Team plans. ChatGPT Enterprise and Edu were carved out, along with API customers who had a zero data retention agreement.

The order ran until September 26, 2025, and OpenAI went back to deleting chats after 30 days. But logs already saved stayed saved.

On November 7, 2025, Judge Wang ordered OpenAI to produce a sample of 20 million de-identified chat logs to the plaintiffs. OpenAI fought it. On January 5, 2026, District Judge Sidney Stein affirmed the ruling in full. His reasoning matters: users had voluntarily provided their data to OpenAI through ordinary use of the service. De-identification and a protective order were enough privacy, as far as the court was concerned.

How deleted ChatGPT chats ended up in a court caseA timeline: on May 13, 2025, a magistrate judge ordered OpenAI to preserve ChatGPT output logs including deleted and temporary chats. The order ended September 26, 2025, but saved logs stayed saved. On November 7, 2025, the judge ordered 20 million de-identified logs produced, and a district judge affirmed on January 5, 2026. California signed SB 574, restricting lawyers' AI use, on September 30, 2026.From deleted chat to court evidenceNYT v. OpenAI and what followed1May 13, 2025Court ordersOpenAI to keepdeleted chats2Sept 26,2025Preservationends, savedlogs stay saved3Nov 7, 202520 millionde-identifiedlogs ordered4Jan 5, 2026District judgeaffirms theorder5Sept 30,2026Californiasigns SB 574for lawyersChatGPT Enterprise, Edu and zero-retention API were excluded from the 2025 order.
How deleted ChatGPT chats ended up in a court caseA timeline: on May 13, 2025, a magistrate judge ordered OpenAI to preserve ChatGPT output logs including deleted and temporary chats. The order ended September 26, 2025, but saved logs stayed saved. On November 7, 2025, the judge ordered 20 million de-identified logs produced, and a district judge affirmed on January 5, 2026. California signed SB 574, restricting lawyers' AI use, on September 30, 2026.From deleted chat to courtevidenceNYT v. OpenAI and what followed1May 13, 2025Court orders OpenAI to keep deletedchats2Sept 26, 2025Preservation ends, saved logs staysaved3Nov 7, 202520 million de-identified logs ordered4Jan 5, 2026District judge affirms the order5Sept 30, 2026California signs SB 574 for lawyersChatGPT Enterprise, Edu and zero-retention APIwere excluded from the 2025 order.

How deleted ChatGPT conversations ended up in a court case, from the 2025 preservation order to California's new rule for lawyers.

Read that reasoning again if you work with other people’s information. You handed it over. The court treated your chats as something you’d already shared.

Your chats can end up in somebody else’s lawsuit, and nobody is going to call you first.

Why did the New York Times want millions of ChatGPT conversations?

To prove its case. The Times argues that ChatGPT can reproduce its articles and help people get around its paywall. The best evidence of that, if it exists, sits in what real users typed and what ChatGPT gave back. So the lawyers asked for the logs.

Who was in that pile? Millions of people asking for recipes, debugging code, drafting breakup texts, describing their symptoms and venting about their bosses. Hardly any of them had anything to do with the Times. Their conversations became evidence because of where they were stored. What they said had nothing to do with it.

The version of this story going around online gets two details wrong, and both matter. The preservation order isn’t still running: it ended in September 2025, though anything saved before then stayed saved. And the 20 million logs were de-identified before production, with names and identifying details stripped out. That’s less frightening than “your chats are being read by opposing counsel.” It isn’t comforting, either. De-identification is only as good as the person doing it, and a client’s story can identify them even with the name removed.

Can your AI chat history be used as evidence?

Yes. AI chats are records sitting on a company’s servers, and courts treat records on company servers the way they’ve always treated them.

Email works the same way. So do text messages stored by a phone carrier and documents in a cloud drive. If a court decides they’re relevant, it can order them preserved and produced. Your agreement with the vendor doesn’t override a court order, and the vendor isn’t obligated to warn you first. In the OpenAI case, the people whose chats were preserved weren’t suing anybody. They were caught in someone else’s fight.

It cuts the other way too. If you’re in a divorce, a custody fight or a business dispute, assume the other side’s lawyer will eventually ask whether you used AI to draft anything about it. The angry email you workshopped with a chatbot at midnight, the timeline you asked it to organize, the question you typed about whether something was legal. All of it sits on a server with a date stamp, waiting for somebody to ask.

That bothers me more than anything else here. It’s the same worry I have about AI companies reporting users to the police. Private thoughts typed into a box at two in the morning end up in the hands of people who weren’t supposed to see them. The decision about what happens to them belongs to a corporation and a judge, never to the person who typed them. It’s 1984 run by companies instead of the government.

Can Claude conversations be ordered into court too?

The lawsuit exposure does. Any company that stores your conversations can be ordered to keep them or hand them over, and Anthropic is no exception. As far as I know there hasn’t been a ChatGPT-style order aimed at Claude conversations, but nothing prevents one.

The rest depends on your settings and your plan.

On Claude’s consumer plans, Free, Pro and Max, your chats are used to train models only if you turn on the model improvement setting, or if a conversation gets flagged for a safety review. Incognito chats are never used for training. The business plans, Team and Enterprise, and the API run under commercial terms where your data isn’t used for training, and Enterprise adds the admin controls and audit logs a firm needs to show what its people did.

Then there are the small leaks most people never notice.

Clicking thumbs up or thumbs down is one of them. On Claude, rating a response stores the entire conversation for up to five years, separated from your user ID, and it can be used for research and training. A careless click on a chat full of client material sends the whole chat along with your opinion.

Shared links are another. In 2025, shared ChatGPT conversations turned up in Google search results. Treat any share link from any AI service as a public web page, because anybody holding the link can read it.

Memory is the third. Claude, ChatGPT and the others now remember things across conversations. Close the chat and the memory stays, until you go delete it yourself.

Deleting an AI chat won’t keep it out of court. A court ordered OpenAI to keep deleted ChatGPT conversations, then upheld handing 20 million of them to the other side of a lawsuit. – Richard Lowe
Share on X

What does California SB 574 require of lawyers?

Governor Newsom signed SB 574 on September 30, 2026. It bars attorneys from putting confidential, personal identifying or other nonpublic client information into an AI system unless access is limited to the attorney and people who are also obligated to protect it.

Dates of birth, medical information, financial details and account numbers are the obvious examples. A personal consumer account doesn’t fit that description very well. Lawyers in California have until the law takes effect to sort out what they’re using, and lawyers everywhere else should expect their own bar associations to follow.

How should writers and ghostwriters protect client information in AI?

The same way a careful lawyer does. I’ve spent more than three decades in technology and cybersecurity, and the rules here are the old rules.

Ghostwriters hold more secrets than most people realize. Clients tell us about divorces, addictions, firings, family fights and business deals that haven’t closed. I tell every prospect on the first call that they’re under nondisclosure, and I tell clients not to tell me anything they don’t want in the book. That confidentiality doesn’t stop at my hard drive. It has to cover every tool the material touches.

This isn’t theoretical for me. I use AI to help summarize interview sessions, and those transcripts hold exactly the kind of material a client would never want read aloud in a courtroom. Every writer who works this way has the same question to answer. Where does that transcript go after I paste it, how long does it stay, and who could be ordered to produce it?

Use a business or enterprise plan for client work, or an API setup with data retention terms you’ve read. Turn off model training on any personal account. Use incognito or temporary chats when you can, and don’t rate responses on anything confidential. Never share a link to a chat with client material in it. Check what the memory feature has saved, and clear it. Strip names, dates and account numbers before you paste something in, because a de-identified transcript is a lot less dangerous than one with a client’s name at the top.

If you’re the client, ask. Which AI tools does your ghostwriter, editor or book coach use, and on what kind of account? Do they paste your interviews in with your name attached? A professional should be able to answer that in one sentence, and one who can’t hasn’t thought about it.

None of that means stop using AI. I use it every day. It means knowing where your data sits, who can read it, and what someone could make you produce later.

Where AI conversations leak and how to close each gapA table of AI chat leak points and fixes: lawsuits can force preservation and production, so use a business or enterprise plan; training on consumer accounts, so turn off model improvement; ratings store the whole chat, so don't rate confidential chats; shared links can be indexed, so never share client chats; memory persists, so review and clear it; names in transcripts, so de-identify before pasting.Where AI chats leakAnd the habit that closes each gapThe leakThe fixLawsuitsCourts can order chats kept and producedBusiness or enterprise planTrainingConsumer chats can train modelsTurn off model improvementRatingsA thumb stores the whole chatDon't rate client chatsShare linksLinks can end up in searchNever share client chatsMemoryDetails persist across chatsReview and clear itNamesTranscripts identify peopleStrip names before pasting
Where AI conversations leak and how to close each gapA table of AI chat leak points and fixes: lawsuits can force preservation and production, so use a business or enterprise plan; training on consumer accounts, so turn off model improvement; ratings store the whole chat, so don't rate confidential chats; shared links can be indexed, so never share client chats; memory persists, so review and clear it; names in transcripts, so de-identify before pasting.Where AI chats leakAnd the habit that closes each gapLawsuitsThe leak: Courts can order chats kept andproducedThe fix: Business or enterprise planTrainingThe leak: Consumer chats can train modelsThe fix: Turn off model improvementRatingsThe leak: A thumb stores the whole chatThe fix: Don't rate client chatsShare linksThe leak: Links can end up in searchThe fix: Never share client chatsMemoryThe leak: Details persist across chatsThe fix: Review and clear itNamesThe leak: Transcripts identify peopleThe fix: Strip names before pasting

Where AI conversations leak, and the setting or habit that closes each gap.

My take

Anything you type into an AI chat sits on someone else’s servers, and a court can reach it. The OpenAI order proved that deleting a chat isn’t the same as erasing it. If you hold client secrets, put that work on a business plan, turn off training, skip the thumbs, never share the link, and strip the names before you paste. Use AI all you want. Just stop treating a consumer chat window like a locked filing cabinet.

A filing cabinet with someone else’s key

A chat window feels private. It’s just you and the box, late at night, typing things you’d never say out loud. A filing cabinet in somebody else’s building is closer to the truth, and the court has a key.

For more on keeping client material safe, read my guide to ghostwriting confidentiality and what to ask about whether your ghostwriter uses AI. There’s more on security in the Cybersecurity Hub, and if you need a book written by someone who keeps your secrets, start with my ghostwriting service.

From the author
Family Cybersecurity by Richard Lowe

Family Cybersecurity
The same habits that keep client material safe protect your family too. This is my book on locking down the digital lives of the people in your house.

Frequently Asked Questions

Does deleting a ChatGPT conversation delete it permanently?
Normally OpenAI deletes it within 30 days. From May 13 to September 26, 2025, a court order in the New York Times case required OpenAI to keep deleted and temporary chats, and logs saved during that period stayed saved.
Why did OpenAI have to hand over 20 million ChatGPT logs?
The New York Times and other plaintiffs wanted them as evidence in their copyright case. Judge Ona Wang ordered production of 20 million de-identified logs in November 2025, and Judge Sidney Stein affirmed that order on January 5, 2026.
Does Claude use my conversations for training?
On consumer plans, only if you turn on the model improvement setting or a chat is flagged for safety review. Incognito chats are never used. Team, Enterprise and API usage fall under commercial terms that exclude training on your data.
What happens when you give a Claude response a thumbs up?
Claude stores the entire related conversation for up to five years, de-linked from your user ID, and the feedback can be used for research and model training.
Can shared AI chat links show up in Google?
Yes. In 2025, shared ChatGPT conversations appeared in Google search results. Treat any shared chat link as a public page.
Can lawyers in California put client information into ChatGPT or Claude?
Under SB 574, signed September 30, 2026, attorneys may not enter confidential or nonpublic client information into an AI system unless access is limited to the attorney and others obligated to protect it. A personal consumer account is hard to square with that.
Is it safe for a ghostwriter to use AI with client interviews?
It can be, with the right setup: a business or enterprise plan, training turned off, no shared links or ratings on client chats, and names and identifying details stripped before anything is pasted in.

About the Author
Richard Lowe, professional ghostwriter

Richard Lowe is a professional ghostwriter and author with 113+ books authored and 54+ ghostwritten. Before writing full time he spent 33 years in enterprise technology, including 20 years as Director of Computer Operations and Technical Services at Trader Joe's. He writes nonfiction, fiction and memoir, and works with executives and experts on books that build authority.

More about Richard Lowe →

Disclaimer

The views and opinions expressed in this blog post are solely those of Richard Lowe and are based on personal experience and research. This content is for informational purposes only and should not be construed as professional legal, financial, accounting, or business advice. Always consult with qualified professionals before making important business or legal decisions. Richard Lowe is not a lawyer, accountant, or licensed professional advisor, and this content does not establish any professional relationship.

0 comments

No comments yet. Yours can be the first.

Was this useful?

Leave a comment