But OpenAI are desperately trying to spin it that the logs should not be allowed into evidence.
As a citizen of an EU country, I do not view trampling on my rights, directly violating my country's laws and reneging on published privacy policy (all of which OpenAI is being forced to in this case by keeping the data) to be "par for the course".
If OpenAI have already been violating your rights, by putting private information into the logs, then your beef is with them, not the courts for preserving data.
> Accordingly, OpenAI is NOW DIRECTED to preserve and segregate all output log data that would otherwise be deleted on a going forward basis until further order of the Court (in essence, the output log data that OpenAI has been destroying), whether such data might be deleted at a user’s request or because of “numerous privacy laws and regulations” that might require OpenAI to do so.
https://storage.courtlistener.com/recap/gov.uscourts.nysd.64...
This is important. OpenAI was already deleting the data (as per their policies), now they can't.
As an insult to injury, the paragraph you quoted also gives a fat middle finger to GDPR.
a) GDPR has an exemption for court orders. Which this is. (All court orders are legitimate reason).
b) GDPR says you can't log private data. Which they were. (You can only log legitimate interests, contractual obligations, legal compliance, or consent.)
Again - this is logs, this is not your average user data. This is not their database. This is not the historical chats of their users. This is just... The... Access... Logs.
> Processing shall be lawful only if and to the extent that at least one of the following applies:
> ...
> processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;