On April 13th 2023, the Spanish Data Protection Authority (AEPD) announced to have launched investigative proceedings against OpenAI, L.L.C., the company that manages ChatGPT, for possible violation of data protection regulations. The AEPD emphasized the presence of significant implications to the rights of individuals that could be addressed by harmonized and coordinated efforts on a European level, as listed in General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’). Additionally, it was noted that the AEPD is pushing for the development and usage of innovative technologies such as Artificial Intelligence (‘AI’) in a manner that is compliant with known rights and freedoms.
OpenAI is a company involved in research and development of Artificial Intelligence algorithms and technologies. It was founded by a group of scientists and technologists including Elon Musk, Sam Altman and Greg Brockman, in late 2015. Since its foundation, the company has taken a unique approach when it comes to developing AI, using a model driven development strategy to discover new algorithms and technologies. OpenAI has funded various projects, from natural language processing to robotics, and the company is constantly pushing for breakthroughs in AI-related research.
The person in charge of the OpenAI’s investigation is the director of the AEPD, Gloria Pérez Álvarez. She is an experienced professional with over 15 years of expertise in data protection and privacy law. She has served in various positions within the public and private sector, such as heading the Department of Data Protection and Photography of the Ministry of Education and Culture, and advising corporations in the private sector to assist their Human Resources departments. As the head of the AEPD, she is responsible for ensuring compliance with GDPR and ensuring that the rights of citizens are not affected by the advancement and application of new technologies.
