In March 2021, Italy’s data protection authority, Garante, temporarily suspended OpenAI’s AI chatbot, ChatGPT, following reports of a data breach that had occurred 10 days earlier. Garante said it did this because the chatbot was collecting data in an incompatible manner with data protection laws and due to the lack of age verification, posing risk to children. The move revealed many complex considerations relating to artificial intelligence (AI)-based technologies, such as the need for limits and regulations, proper coordination between member states at the European level, and balancing access to services with the need for protection.
OpenAI, founded by Elon Musk, responded to the temporary order by blocking the use of ChatGPT in Italy and demonstrated their willingness to cooperate with the Garante on data privacy issues. OpenAI promised to ensure safeguards, such as providing a privacy policy, offering users an option to assert their rights over data protection and informing them about the processing of personal data. This prompted Garante to suspend the temporary order and stipulated that OpenAI must implement the safeguards by April 2023.
The case serves as an important lesson on several aspects. To begin with, it underlines the urgency of European coordination when drawing up common rules and regulations around AI-based applications. It also raises questions on the effectiveness and proportionality of bans – especially in this case, where the initiatives could have been few, instead of a wide reaching measure. Moreover, it outlines the necessity of protecting children from harm, with plans to introduce age verification systems and warning alerts that could have been a part of the conversation.
OpenAI is an artificial intelligence research laboratory, founded by Elon Musk, Sam Altman and Greg Brockman. It focuses on researching technologies that can benefit humanity, as well as developing powerful software tools and systems to solve societal problems. OpenAI is a non-profit organization with a commitment to conducting research responsibly and transparently.
Pasquale Stanzione is the president of the Italian data protection authority. He issued the order to temporarily suspend the processing of personal data for ChatGPT on March 30, 2021. Stanzione is an Italian judge and lawyer specialized in administrative law. He is also a state councilor and president of the Italian National Anti-Corruption Authority.
