The Italian Data Protection Authority (Garante per la protezione dei dati personali, “Garante”) has issued an urgent resolution due to the processing of personal data of Italian users by the company OpenAI L.L.C. (“OpenAI”) through its AI platform ChatGPT. The Garante identified several risks for data protection as no clear information was provided to users, a lack of a proper basis for the data processing, and the lack of age verification mechanism.
OpenAI contacted the Garante and, in light of the given information, the Garante suspended its initial resolution and instead mandated several measures to be fulfilled by the company, such as providing appropriate information about data processing, amending its terms of service, introducing a system of data subject identification and age verification, amongst other measures. Additionally, the European Data Protection Board announced the establishment of a taskforce to monitor enforcement actions taken against ChatGPT.
OpenAI L.L.C. is an American artificial intelligence research laboratory tasked with developing AI technologies and advancing its applications for the public good. The company is a sister organisation of Tesla, Inc. and is run by famous personalities such as Elon Musk and Sam Altman. It is best known for its ChatGPT platform, a powerful AI-driven conversation service.
Elena Mandarà is a well-known data protection lawyer and the co-author of the article. She has a long history of working on data protection rights and has published a wealth of articles, analysis and insights into the field of data protection law. She regularly serves as a consultant for data protection authorities and corporations alike seeking advice on how to best adhere to data protection rules. Her expertise in the area has helped the Garante to resolve this case and further help Italian citizens to ensure their data is protected.
