A European privacy watchdog, Noyb, has initiated a GDPR complaint against OpenAI, representing an individual's concerns over personal data inaccuracies propagated by ChatGPT. The core of the grievance lies in the AI chatbot's failure to amend false information about individuals, a fundamental requirement under the GDPR. The complaint emerged after a public figure discovered ChatGPT incorrectly listing their date of birth and OpenAI's subsequent declaration of its incapacity to rectify such errors due to technical constraints.
Technical Limitations and Legal Obligations
OpenAI's stance, that it is technically unfeasible to correct specific data points generated by ChatGPT, has sparked significant controversy. The organization has attempted to mitigate issues by offering to filter or block data based on certain prompts, such as the complainant's name. However, this does not address the broader issue of correcting misinformation without completely filtering out all information related to an individual. This situation has raised questions about OpenAI's adherence to GDPR mandates, specifically the provision that allows individuals to request the correction of their personal data held by entities.
Transparency and Regulatory Scrutiny
The complaint also highlights a lack of transparency from OpenAI regarding the sources of ChatGPT's data and the specifics of the personal information it processes. Noyb argues that this opacity contravenes GDPR guidelines, which stipulate the necessity of informing individuals about the data collected on them. With the case now under the examination of Austrian regulators, OpenAI could face significant penalties, including fines up to 4% of its global revenue, should it be found in violation of GDPR rules. This incident follows a precedent in Italy, where the privacy watchdog temporarily restricted access to ChatGPT over similar concerns, underscoring the increasing regulatory focus on AI technologies and their compliance with data protection laws.
Europe's Tough Stance on AI
Europe has been taking a strict approach to governing tech companies in AI. Microsoft has especially come under the spotlight. European Union regulators have taken an interest in Microsoft's acquisition of the team at Inflection, a Palo Alto-based startup, for a reported sum of $650 million. The European Union's competition officials are closely monitoring Microsoft's investments in the AI sector, including a substantial $13 billion investment in OpenAI and a $15 million stake in Mistral.
