It was doing this prior to being sued by the NYT and many others
OpenAI was collecting chats even when the user asked for deletion, i.e., the user did not want them saved
That's why a lawsuit could require OpenAi to issue a hold order, retain these chats for longer and produce them to another party in discovery
If OpenAI was not collecting these chats in the ordinary course of its business before being sued by the NYT and many others, then there would be no "deleted chats" for OpenAI to be compelled by court order to retain and produce to the plaintiffs
1. Or whatever period OpenAI decides on. It could change at any time for any reason. However OpenAI cannot change their retention policy to some shortened period after being sued. Google tried this a few years ago. It began destroying chats between employees after Google was on notice it was going to be sued by the US government and state AGs