Ibero-American Personal Data Protection Network authorities coordinate on ChatGPT investigation
By Mariano Peruzzotti, Josefina Piñeiro and Julieta Martinez Correa.
The Ibero-American Personal Data Protection Network has announced it first coordinated enforcement action to investigate ChatGPT. The investigation may cover 12 jurisdictions.
The Ibero-American Personal Data Protection Network is an association of Spanish speaking countries in North, Central and South America plus Brazil, Spain and Portugal. The network is represented by relevant authorities and experts in the field.
ChatGPT is a service created by the company Open AI, LLC. The main function of ChatGPT is to provide communication between a user and an AI system that is capable of generating natural language responses. The network considers that the following issues relating to personal data remain outstanding, which is a major concern to the regional community:
- the legal basis on which Chat GPT relies for to process personal data;
- the kind of information about data collection and processing that is provided to the user;
- the exercise of the rights recognized in data protection regulations;
- possible transfers of personal data to third parties without the consent of the data subjects;
- the lack of age assurance tools in order to prevent minors from accessing ChatGPT technology; and
- a potential lack of adequate security measures for the protection and confidentiality of the personal data collected.
Another important risk is misinformation. The answers provided by ChatGPT are based on knowledge obtained from massive amount of data available on the Internet. ChatGPT has no inherent knowledge or expertise about specific subject so the accuracy of its answer may vary and/or contain false information.
The national authorities that are part of the network are set to initiate the investigation and coordinate their analysis efforts.
While the relevant investigation take place, ChatGPT’s users are encouraged to check its privacy policy and analyze whether they are happy to provide their personal data -not only during the onboarding process but also when using the service and proposing questions- and to be aware of the information they provide.
ChatGPT is currently under investigation by several regulators around the world. The Italian government recently initiated an investigation that led to a temporary ban of the platform. It is expected that more of this kind of supervisory activity will occur as a consequence of the development and penetration of artificial intelligence.
For further information please contact: jpineiro@ojambf.com and/or mperuzzotti@ojambf.com
