ChatGPT Case: How The Italian Data Protection Authority Is Trying To Address AI Risks

Thanks to Elena Mandarà for collaboratin on this article

With a resolution issued on March 30, 2023, on an urgent basis the Italian Data Protection Authority (Garante per la protezione dei dati personali, "Garante") imposed an immediate temporary limitation on the processing of Italian users' personal data carried out by the company OpenAI L.L.C. ("OpenAI") through the ChatGPT service, an AI platform capable of emulating and processing human conversations.

Specifically, the Garante pointed out that OpenAI did not provide users and other data subjects whose personal data is collected clear and complete information about the processing of personal data for training purposes. Moreover, the Garante addressed the lack of an adequate legal basis for the collection and processing of personal data for the purpose of training the algorithm, as well as the lack of an appropriate age verification mechanism for users using the service. Finally, according to the Garante,