Italy’s data protection regulator Garante per la Protezione dei Dati Personali (GPDP) will lift the ban on OpenAI’s ChatGPT service at the end of April 2023, subject to a strict new data protection regime. The current ban was imposed in late March following concerns that ChatGPT was unable to process data without breaching privacy laws, and had no legal basis underpinning its collection and processing of data.
OpenAI, backed by Microsoft, will have to implement a series of measures, including ensuring transparent data processing procedures, and implementing an age verification system in order to be allowed to offer the ChatGPT service in Italy again. The age gating system must be up and running by September 2023. In addition, ChatGPT users must declare they are over the age of 18, or have obtained parental consent if aged 13 to 18.
Non-users will also be afforded the right to object to the processing of their personal data. Other measures require OpenAI to develop a notice which must be made available online describing the arrangements and logic of the data processing needed to run ChatGPT, and also the rights afforded to data subject, users or non-users. They must also allow data subjects to erase or rectify their personal data if used incorrectly by ChatGPT.
Finally, OpenAI has been ordered by the GPDP to carry out a public awareness campaign in the Italian media to inform individuals about the use of their data for training algorithms.
OpenAI is a research lab that is focused on the development of artificial intelligence and its ability to solve the most complex problems faced by humanity. Founded by the renowned AI researcher and entrepreneur, Elon Musk, the company has achieved striking successes in various fields, from natural language processing to language translation.
Ilia Kolochinko, the founder of Immuniweb and a member of Europol’s data protection experts network, commented that “Privacy issues are just a small fraction of regulatory troubles that generative AI, such as ChatGPT, may face in the near future.” He suggests that many countries are actively working on new legislation for AI technologies, aiming at ensuring non-discrimination, explainability, transparency, and fairness. The FTC in the United States is also expected to actively shape the future of AI.
