The development and utilization of Artificial Intelligence (AI) systems has been called into question recently, as the European Union regulator barred ChatGPT for violating the General Data Protection Regulation (GDPR). Regardless of where you may be located, understanding the data laws and regulations that may be applicable to the creation and use of AI technologies is critical for success. In Europe, AI laws such as the AI Act have been generating a lot of attention, however, disregarding other laws in force, such as GDPR, could be a mistake. Last week’s incident by the Italian data regulator to block OpenAI and ChatGPT was a reminder that data laws are very relevant in the modern world of AI technologies.
It can be easy to overlook the data that is used in the development and operation of AI systems, as the sheer amount of data involved can raise many issues. Although new laws are proposed in Europe such as the AI Act, the truth is that such laws are not exclusive to the EU and they can apply to other countries as well. For example, if the AI system is based outside the EU, it could be subject to the law of multiple countries.
This incident with ChatGPT made clear the consequences of violating existing data laws. Many questions were raised by the Italian data regulator, such as the origins of the data used to train the system, how valid was the consent obtained, and how it dealt with children’s data? It also highlighted that relying on other processing grounds such as legitimate interests, may not be enough in light of the scale and type of the data processing and individual rights granted by GDPR.
Moving forward, it is essential to understand that even with the introduction of the new AI Act, breaching existing data laws will still be a very serious issue. This means in the development and use of AI platforms, consent must be taken into consideration and it needs to be completed properly. Companies should also ensure that the data is of a high quality and follows the data minimization requirements of the GDPR, while also ensuring that the AI results are accurate.
OpenAI and ChatGPT’s case has been a useful reminder to all of us regarding the implications of data laws and regulations. More bans could follow the Italian one, and both developers and users of AI tools need to understand that breaches of the law can be significant.
The US tech giant, Google, is one of the main providers of AI tools and services. Their main focus is to make their users’ lives easier, with quick and accurate search results. They have greatly increased their safety measures to ensure user privacy in line with data laws such as GDPR, and their AI systems are constantly being monitored to ensure the accuracy of their results.
The person mentioned in the article, the Italian data regulator, is responsible for enforcing GDPR. They investigate any cases of data law breaches, either in Italyor internationally, and also review different AI systems in order to ensure that they are compliant with the applicable laws.
As the usage of AI continues to grow, so do the obligations to ensure compliance and understanding of the various laws that apply. Companies and individuals need to use this as a learning opportunity to make sure they avoid similar situations in the future. Making sure that data laws are abided by is paramount in the development and application of AI systems and the Italian data regulator’s enforcement of ChatGPT has made this even clearer.
