Data Privacy Watchdog Challenges AI Firm Over GDPR Compliance

Euro-privacy advocates accuse OpenAI of GDPR breach

European privacy rights group Noyb (None of Your Business) has called upon the Austrian Data Protection Authority to enforce GDPR compliance upon OpenAI, citing the distribution of incorrect personal data by the latter’s technology, ChatGPT. Fighting for a public figure whose identity remains undisclosed, Noyb asserts that ChatGPT violates multiple GDPR articles by spreading “misinformation about individuals.”

Noyb demonstrated ChatGPT’s dissemination of incorrect personal data by soliciting the AI for the birthday of the complainant; the chatbot repeatedly provided incorrect data instead of admitting to its lack of required information. The group referenced a New York Times report which noted instances of invented information by chatbots ranging from 3 to 27 percent. OpenAI itself has explained that ChatGPT merely generates probable next words in response to user prompts, which implies it often fabricates answers with no fact-checking mechanism in place.

The European regulation, under Article 5, mandates the accuracy of personal data and prompts reasonable measures to erase or rectify inaccuracies “without delay.” However, Noyb contends, OpenAI openly admits to their inability to correct ChatGPT’s misinformation.

GDPR Article 15 requires full disclosure to individuals on the categories of personal data processed and its sources when not collected directly. OpenAI, Noyb argues, neither identifies the origin of data nor specifies what data is stored about individuals, highlighting it as an unresolved concern.

Noyb’s legal representative, Maartje de Graaf, stresses that technology should comply with legal standards, not vice versa. It should not be utilized to generate individual data when it cannot guarantee accuracy and transparency.

Noyb’s official complaint urges the Austrian authority to command OpenAI to fulfill the plaintiff’s personal data access request and adjust its data processing to meet GDPR standards. It also seeks an investigation into OpenAI’s data processing and an imposed fine to ensure compliance. This comes as European coordination via a special task force by the European Data Protection Board is underway, following Italy’s temporary restrictions on ChatGPT in March 2023. Despite improvements recognized by the Italian authority, Noyb concludes that the claimant still cannot correct or erase their misattributed personal information, alluding to the inadequacy of OpenAI’s rectification processes.

The General Data Protection Regulation (GDPR) is a comprehensive data privacy and protection law that the European Union (EU) implemented on May 25, 2018. It has since set a global standard for data privacy and is now a critical benchmark for assessing how technology companies handle personal information.

**Important Questions and Answers:**

What are the central accusations made by Noyb against OpenAI?
Noyb accuses OpenAI of violating GDPR by distributing incorrect personal data through its AI, ChatGPT, and failing to ensure the accuracy of personal data or provide transparency about its sources as required by GDPR.

What are OpenAI’s arguments regarding the matter?
OpenAI has explained that ChatGPT is designed to generate probable words in response to prompts and does not have a mechanism to ensure the factual accuracy of its output, which means it can fabricate responses.

**Key Challenges and Controversies:**

Accuracy of AI-Generated Information: Ensuring the accuracy of information provided by AI is a significant challenge, especially when AI like ChatGPT is trained to generate plausible text based on patterns learned from vast datasets, not to verify the truth of its responses.

Data Transparency: GDPR requires transparency about the sources of data. For AI systems trained on extensive datasets, it is often not straightforward to trace the origins of specific pieces of information they generate.

Data Erasure and Rectification: AI systems like ChatGPT may not be able to rectify or erase incorrect personal data once it is distributed, posing compliance issues with GDPR’s ‘right to be forgotten’.

**Advantages and Disadvantages:**

Advantages:
– AI technologies like ChatGPT can provide quick and detailed responses to a wide range of queries, which can be beneficial in various applications, from customer service to education.
– They can process and analyze large amounts of data more efficiently than humans.

Disadvantages:
– There’s a risk of spreading misinformation if AI-generated responses are not accurate.
– Challenges in meeting GDPR compliance can lead to legal consequences and undermine user trust in AI technologies.
– Difficulty in ensuring that AI systems respect privacy rights and data protection regulations.

As the topic involves data privacy and GDPR, the relevant main domain is the official site for GDPR information, which you can visit for more comprehensive details on the regulation: General Data Protection Regulation (GDPR).

Additionally, for more information on the work and campaigns by Noyb, you can visit their official site: Noyb – European Center for Digital Rights.

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