The Italian data protection agency, also known as Garante, has implemented restrained regulations for OpenAI’s ChatGPT as part of a response to a directive issued by the agency back in March 2023. The agency had previously indicated that ChatGPT may be in violation of the European Union’s General Data Protection Regulation (GDPR) and thus requested that the company cease data processing of individuals located in Italy.
OpenAI, a US-based Artificial Intelligence (AI) chatbot service backed by Microsoft, must now demonstrate further transparency by issuing an information notice outlining its data processing practices. Additionally, the company must use age-gating measures on its system in order to prevent minors from accessing it and adopt more resilient age verification methods. OpenAI must then be able to point out the legal grounds it relies upon while conducting data to train its AI, with the option of either obtaining user consent or using the legitimate interests basis.
OpenAI needs to give its users and non-users the capability of exercising their rights concerning personal data, ranging from requesting corrections when there is any misinformation that is generated by ChatGPT, to deleting their data as desired. Moreover, OpenAI must enable people to object to the processing of their data for AI training purposes.
The Garante has set a deadline of April 30th for OpenAI to satisfy all of the demands mentioned above. The organization, in addition, has been granted extra time to complete a second demand, which is deploying a more advanced age verification system by September 30th. OpenAI is obligated to submit a plan detailing the implementation of this technology by May 31st, and the system should screen out any users under the age of 13 years old and those aged 13 to 18 who don’t have consent from their parents.
OpenAI is an artificial intelligence research and innovation lab based in San Francisco, California. Founded by a group of leading experts in the field of Artificial Intelligence, OpenAI’s mission is to ensure that Artificial Intelligence technology benefits humanity as a whole. The lab’s work focuses on developing robust technology through collaborative projects with top tech companies and governments, as well as via partnerships with universities and other research organizations.
Amaka Nwaokocha is a data protection lawyer, educator, and privacy activist. She is a leading expert on data protection, privacy, and cyber security, having provided services to legal and management teams across multiple jurisdictions and industries. Amaka works in partnership with international organizations, focusing on GDPR compliance and data protection. She is a Certified Information Privacy Professional (CIPP/E) and continually holds workshops and conferences on the importance of data privacy and how organizations can protect their data.
