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ARTICLE · 07 DECEMBER 2023

Use Of Personal Information In Training AI Models Should Be The Same As Use Of Copyrighted Materials

There is a lot of hype around providing data subject rights for the use of personal data in training AI models. I have always thought that there really is no need to provide rights to delete...

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There is a lot of hype around providing data subject rights for the use of personal data in training AI models. I have always thought that there really is no need to provide rights to delete, correct, or even access personal information "in" the trained AI model because the trained AI model, by itself, doesn't actually have any personal information (maybe the subject for a longer blog post). The arguments made by the court in favor of Meta Platform's motion to dismiss seem to support this theory - if the AI model doesn't contain a derivative work of copyrighted material, it stands to reason that the trained large language model (LLM) also doesn't contain personal information (under any modern definition) either.

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