💡 LEGAL SPOTLIGHT ▪ Italy: ChatGPT temporarily banned by Italian Data Protection Authority ▪ 🖥️ On 30 March 2023, the Italian Data Protection Authority ordered the temporary restriction of data processing by ChatGPT, effectively blocking its use and Italy. The Authority's order was issued under Article 58 of the General Data Protection Regulation (GDPR) as a result of the violations carried out by the software in the processing of users' and data subjects' data. ✨ After consultations with Open AI, on the 11th April 2023 the Italian Authority agreed to suspend said order on condition that the latter complies with the announced corrective measure. 🛡️The measures concern, in particular, the provision of a clear information notice for you users and data subjects on the processing of their data by ChatGPT, the provision of tools for the exercise of data subjects' rights, the choice of a more compliant legal basis for the processing which also takes place for algorithmic learning purposes, and the implementation of a user age verification system. 🌐 The Italian Authority’s measures have also attracted the attention of the European Data Protection Board (EDPB), which has decided to launch a European task force to foster cooperation and identify compliant solutions. 📰 Read more here: https://lnkd.in/gTj6ycFU UIA Union Internationale des Avocats, Barbara Gislason, Steven Richman, Catherine Peulvé, Laura Collada, Marie-Pierre Richard, Anne-Marie Villain #brevesjuridiques #juristeinternational #legalspotlight #brevesjuridicos #lawyers #uiapublications
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Data accuracy is one of the guiding principles of the EU's set of data protection rules. At Digital Law we are continuing to be guided by the regulators guidance on the prevalence of AI, including the regulations and guidelines for its use. Story: https://buff.ly/4dR1Cq3 #DigitalLaw #Digital #Law #Technology #Tech #AI #ChatGPT #Data #Dataaccuracy #Dataprotection #Regulation #EU #Principle #GDPR #DPA #DPA'18
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OpenAI's ChatGPT suspected of violating EU privacy laws. • Italy's data protection authority (Garante) notified OpenAI of potential violations. • Main concerns: legal basis for data processing, "hallucination" (inaccurate information), child safety. • OpenAI claims "legitimate interests" for data processing but faces legal challenges. • Garante will wait for OpenAI's response before final decision. • Other EU countries also investigating ChatGPT's GDPR compliance. • OpenAI trying to establish Irish base to centralize EU data processing and oversight. • EU data protection authorities coordinating efforts but remain independent in decisions. 🔗https://lnkd.in/gJ_hYD2q #ai #chatgpt #eu
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ChatGPT is once again at the center of discussions. The Italian Data Protection Authority (Garante per la protezione dei dati personali "Garante") has given ChatGPT one month to comply with the General Data Protection Regulation ("GDPR"). On Monday, January 29, the Garante announced that the artificial intelligence violates the GDPR. Italy reproaches ChatGPT for lacking an appropriate legal basis for the collection of personal data, and could request a block on ChatGPT. The Garante had already demanded a 3-month block in 2023 due to ChatGPT's massive data collection. It also reproached ChatGPT for "failing to provide users whose data is collected by OpenAI with a notice informing them of the purpose of 'training' the algorithms operating the platform." ChatGPT could face a fine of up to 20 million euros or 4% of its annual turnover. As a reminder, Italy was the first European country to take measures to restrict the use of ChatGPT and to raise concerns about GDPR non-compliance.
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OpenAI confronts new EU issues over ChatGPT's 'hallucinations' #AItroubles 🤝 Download 1 Million Logo Prompt Generator 🔜 https://wapia.in/1mlogo 🤝 Follow us on Whatsapp 🔜 https://wapia.in/wabeta _ ❇️ Summary: Digital rights group Noyb has filed a GDPR complaint against OpenAI, claiming that its language model ChatGPT shared false information about a public figure and refused to correct or erase the data upon request. Noyb argues that ChatGPT's inaccuracies, known as 'hallucinations', pose serious consequences for individuals and violate GDPR regulations. The group is calling for an investigation by Austria's data protection authority and for OpenAI to comply with GDPR requirements. This incident adds to previous concerns about ChatGPT's data privacy violations in Italy. Hashtags: #chatGPT #OpenAItroubles #EUchatGPThallucinations
OpenAI confronts new EU issues over ChatGPT's 'hallucinations' #AItroubles
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𝐓𝐡𝐞 𝐨𝐧𝐠𝐨𝐢𝐧𝐠 𝐜𝐨𝐧𝐟𝐥𝐢𝐜𝐭 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐀𝐈 𝐚𝐧𝐝 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 The Italian Data Protection Authority, Garante, persists in its regulatory struggle against OpenAI, the creator of the ChatGPT chatbot. The authority continued its investigation following the complaints in early 2023, leading to a temporary ban on the chatbot within Italy. On 29 January 2024, #Garante took another decisive step by issuing a notice to OpenAI, signaling breaches of the General Data Protection Regulation (GDPR). Although the nature of the alleged concerns remains undisclosed for the public, the authority expects OpenAI to submit their counterclaims within 30 days. First complaints in March 2023 implicated that ChatGPT might be potentially violating Articles 5, 6, 8, 13, and 25 of the GDPR, hinting at concerns related to personal data collection and processing and the safety of younger users. Expanding beyond the borders of Italy, Poland is also investigating a complaint on ChatGPT. This development underscores broader concerns within the EU regarding ChatGPT’s compliance with GDPR standards and highlights increasing global focus on the challenges of aligning AI technologies with regulatory norms. As AI systems become more pervasive, maintaining a balance between technological innovation and data protection becomes crucial. Ensuring that AI applications adhere to existing regulations, such as the GDPR, is important for upholding individuals' rights and privacy in the evolving landscape of artificial intelligence. The outcome of such regulatory actions can influence how AI developers approach data protection and contribute to the ongoing dialogue on responsible AI deployment. 🔗Link to the notice: https://lnkd.in/d_dCK2ts Follow Prighter and stay tuned for more updates. #DataPrivacy #Privacy #Compliance #DataProtection #EURepresentative #UKRepresentative #TurkeyRepresentative #SwissRepresentative #Prighter #AIDataProtection #AIRegulation #GDPRCompliance #GaranteVsOpenAI
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👉 Does intelligence mean being able to correct our own mistakes and update our knowledge? 🤔 If so, LLMs might not be the perfect example of intelligence. This topic was raised after noyb, a data protection group, filed a complaint against OpenAI. The reason? ‼️ GDPR compliance. ‼️ Here’s the sum up of what happened 👇 1️⃣ noyb claims ChatGPT doesn’t comply with GDPR because we can’t correct information about ourselves and we can’t access which of our data are processed by the system 2️⃣ OpenAI confirmed that they can’t provide information sources and can’t update incorrect information - they can only block specific prompts 3️⃣ The complaint was submitted to the data protection office in Austria, but a similar case took place in Italy Is a ChatGPT-induced increase in productivity worth it if the AI system does not meet our data protection laws? 👇 This is a question everyone should ask ourselves. 🤔
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🌐 Digitalwirtschaft & Recht👨💻Senior Researcher & Lecturer @ UZH & MCI [🇦🇹] Rechtsanwalt-Strafverteidiger [🇮🇹] Avvocato 🌍 Compliance Officer
🔥 Italy vs. OpenAI/ChatGPT - Part 2 (January 30, 2024) 🔥 The dispute between the Italian data protection authority and OpenAI, the developer of ChatGPT, takes a new turn in January 2024. These latest developments follow the authority's temporary blocking of ChatGPT in 2023. ⁉ What happened? On 29 January 2024, the Italian data protection authority opened proceedings against OpenAI for alleged violations of the General Data Protection Regulation (GDPR). This step marks the conclusion of an investigation, which led to the temporary blocking of OpenAI's processing of personal data via ChatGPT since 30 March 2023. Although the authority's official decision is still pending, there are many indications that administrative sanctions are possible due to various alleged data protection violations. ⁉ What accusations are made against OpenAI? The exact contents of the complaint have not yet been made public. However, experts speculate that the allegations could focus on deficiencies in the provision of information during data processing, the lack of an adequate legal basis for processing (in particular the explicit consent of the data subjects) and the lack of transparency of the algorithm used for ChatGPT. Another critical issue is the accuracy of the data, especially as ChatGPT is alleged to have disseminated false and defamatory information about individuals who were previously identifiable online. ⁉ What consequences could ChatGPT face? A renewed temporary suspension of ChatGPT seems unlikely at this time. OpenAI is likely to use the 30 days available to provide explanations and possibly evidence to refute or at least mitigate the allegations. Nevertheless, OpenAI faces the possibility of paying substantial fines. It is expected that the company will continue to work closely with the DPA to minimise the damage caused. Source: https://lnkd.in/gXi_bRxy #ai #chatgpt #openai #italy
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## Addressing the Risks of Digital Identity and AI: A Call for Transparency and Consent In the rapidly evolving digital landscape, the rise of artificial intelligence (AI) technologies like ChatGPT has brought forth significant concerns regarding privacy, consent, and the ethical use of personal data. While these advancements offer remarkable capabilities, they also pose grave risks if left unchecked and unregulated. ### The Perils of Unchecked Digital Identity and AI 1. **Lack of Provenience**: ChatGPT and similar AI models operate on data scraped from the internet without the explicit consent of individuals, raising ethical concerns and enabling the spread of misinformation and impersonation. 2. **Misuse of Personal Data**: Current digital identity practices often rely on misleading and unfair practices, unnecessarily identifying individuals without legal justification, effectively enabling digital surveillance under the guise of "digital trust." 3. **Forced Identification**: Multi-factor authentication systems frequently require individuals to trade sensitive personal information, such as mobile phone numbers, for system security, leaving them exposed and tracked. 4. **Exclusion and Marginalization**: Digital identity requirements, including the need for mobile devices, passwords, and official identification documents, can exclude and marginalize segments of the population, denying them access to essential online services. 5. **Consent Illusion**: The widespread use of terms and conditions, privacy policies, and "I Agree" checkboxes does not constitute genuine consent under privacy laws, further exacerbating the erosion of individual privacy and control. 6. **Commercialization of Personal Data**: Commercial AI systems like ChatGPT enable the unauthorized collection, processing, and resale of sensitive personal data without transparency or accountability, violating individual rights and causing unseen societal harms. ### The Call to Action: Governing Digital Identity and AI To address these pressing issues, we must take decisive action to govern digital identity and AI technologies, ensuring transparency, consent, and the protection of individual rights. The Kantara Initiative's ANCR Working Group (WG) is leading the charge in this endeavor, advocating for the adoption of notice and consent receipts as a crucial step towards digital privacy transparency. Join us in this critical mission by lending your voice and support to the Kantara Initiative ANCR WG. Together, we can shape a future where digital identity and AI technologies are governed by principles of transparency, consent, and respect for individual rights. Support the Kantara Initiative ANCR WG Call to Action: [https://lnkd.in/eGYa2aFT)
Independent advisor in data and AI Ethics. Data Democracy and individual data control. Talk, teach, advise, analyse. Co-founder dataethics.eu More: digital-identitet.dk/about/
Reading this, it is pretty clear that ChatGPT is NOT in compliance w GDPR. I wonder what politicians will do now that everybody seems to use a tool (including Microsoft’s CoPilot) that is illegal. Will they change the law or ignore it, as they have done up to now. noyb.eu is also going after it. Ethically, it is hopeless. Just the fact that they never got permission to use the copyrighted content they are trained on, is enough. But it is also ‘hallucinating’ like another Donald Trump, drinks water and consumes electricity like a fleet of Hummers, not to forget that it is abused to make deep fakes and manipulate humans. I find it very hard to be overwhelmed with excitement by this new tool and wait for legal and ethical alternatives like mykin.ai (in beta) and LLMs soon coming out of at least Germany and Scandinavia. https://lnkd.in/dz_j9S5B
edpb_20240523_report_chatgpt_taskforce_en.pdf
edpb.europa.eu
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🚨 Urgent Update: OpenAI's ChatGPT Facing Regulatory Risks in the EU! 🤖🇪🇺 The European Union's data protection taskforce is at a crossroads with OpenAI's ChatGPT chatbot, raising concerns about privacy violations that could lead to hefty penalties. 🚫💸 Key legal issues are still up in the air, with the taskforce emphasizing the need for a solid legal basis for data processing, as well as transparency and fairness in operations. 📜✅ The upcoming report's impact on GDPR enforcement by Data Protection Authorities is crucial, potentially reshaping how regulations are applied to OpenAI. 🔄⚖️ As some watchdogs hold off on enforcement pending the taskforce's final say, OpenAI's move to restructure in Ireland might just be the strategic shift needed to navigate the complex regulatory landscape more smoothly. 🇮🇪💼 Stay tuned as this story unfolds, shaping the future of AI technology and data protection in the EU! 🌐🔒 #OpenAI #GDPR #DataProtection #AIInnovation
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