OpenAI is facing a privacy complaint in Europe from Austrian advocate group NOYB, which accused the AI firm of violating data privacy rules due to inaccurate responses that cannot be corrected. The complaint stemmed from a data subject who queried ChatGPT about his date of birth and received incorrect responses instead of being informed that the necessary data was unavailable. The subject’s request to correct or delete the false response was also denied by ChatGPT, which further violated the complainant’s privacy rights. The European General Data Protection Regulation (GDPR) mandates that information about individuals must be accurate, and individuals should have access to any personal data held by a company, making this a significant issue in the eyes of the EU privacy law.
The complaint alleges that OpenAI is unaware of the data ChatGPT stores or its source and that despite being informed of the issue, the tech firm seems unconcerned. Though OpenAI has included a disclaimer on its app stating that factual accuracy in large language models remains an area of research, NOYB data protection lawyer Maartje de Graaf explained that chatbots like ChatGPT do not comply with EU law, particularly when it comes to processing data about individuals. The inability of these systems to produce accurate and transparent results raises serious concerns, especially when it comes to false information about individuals with potential consequences. The technology must follow legal requirements rather than the other way around, according to de Graaf, highlighting the importance of ensuring compliance with data protection regulations.
Since its introduction in 2022, ChatGPT has sparked a global debate on the applications and risks of AI, garnering over 180 million users worldwide. This rapid growth has raised concerns about the lack of regulations to prevent false information, privacy infringement, copyright violations, and the creation of deepfake content. In response to these concerns, the EU passed an AI Act in March 2024 to address some of the pressing issues related to AI regulation. NOYB’s privacy complaint against OpenAI is part of a series of legal challenges facing the company, including an investigation by Italy’s national privacy authority that began in March 2023 due to concerns about data breaches and exposure of user conversations and payment details.
In addition to the complaint from NOYB, OpenAI is also facing investigations and legal challenges from other entities, including the New York Times suing Microsoft and OpenAI for alleged mass copyright infringement. Elon Musk also filed a lawsuit against OpenAI and its CEO, Sam Alman, claiming that the company’s partnership with Microsoft deviates from the principles of advancing open-source AI for the benefit of humanity. Musk revealed plans to make Grok open source during this lawsuit. The European Data Protection Board (EDPB) established a task force in April 2023 to address issues surrounding ChatGPT and to coordinate enforcement actions to ensure compliance with data protection regulations. Italy’s national data protection authority also blocked ChatGPT in the country due to privacy concerns, making it the first Western country to ban the chatbot.
Overall, the privacy complaint against OpenAI by NOYB sheds light on the challenges faced by AI companies in ensuring compliance with data protection regulations, particularly when it comes to processing personal data about individuals. The need for accuracy, transparency, and accountability in AI applications like ChatGPT is crucial to avoid privacy infringements and potential legal consequences. The ongoing investigations and legal challenges facing OpenAI highlight the complex landscape of AI regulation and the need for clear guidelines to mitigate risks associated with false information, privacy violations, and copyright infringement in the AI industry. As technology continues to evolve, it is essential for companies like OpenAI to prioritize data protection and compliance with legal requirements to build trust and ensure the responsible use of AI technologies.
