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For as long as we can remember, it has always been best practice not to put something in writing that you don't want the world to see.
Time and again, evidence has shown that if you write something, there is a chance that it will be exposed. From Ashley Madison users to direct messages being posted on X, to just having an email shared, there are many public cases of private internet use being publicized.
What about your AI prompts, though? Could those be exposed?
A recent ruling by the courts certainly gives us pause to think that they would be safely protected.
Earlier this year, the well-watched NY Times v. OpenAI case had a ruling that could be troubling for the legal use of customer data.
At the heart of the case is copyright law and how much OpenAI uses copyrighted material for its ChatGPT product. The case has been ongoing for quite a while, but in early 2025, the court granted the N.Y. Times' request for OpenAI to preserve all prompts because they could be evidence of copyright infringement.
That's right.
Almost all of your ChatGPT prompts are now being preserved and may be used in court, even though you thought they were all being deleted after 30 days.
OpenAI is fighting the judges' decisions. You can read their thoughts on the order and who it exactly applies to at their website.
Right now, there is nothing imminent that would cause your ChatGPT prompts from being released, but we would advise our clients to follow the old adage to only enter prompts in your AI program that you would not care if your mother or your competitor would see.
The attorneys at The Orlando Law Group help with all types of legal issues for businesses and technology in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
