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FameEX Hot Topics | Poland's Investigation of OpenAI and ChatGPT in Light of GDPR Complaint

2023-09-22 16:14:01

Poland's Office for Personal Data Protection has taken action in response to a complaint filed by an anonymous individual, launching an investigation into OpenAI. The complaint alleges that OpenAI's ChatGPT processes data in a manner that is both "unlawful and unreliable," and that the company lacks transparency in its data collection and processing practices. These alleged practices are said to violate key European data protection and privacy principles.

The complainant further claims that ChatGPT generated false information about them and that OpenAI failed to meet their requests for data management and privacy rights under the European General Data Protection Regulation (GDPR).

Jan Nowak, the president of the data protection office in Poland, has acknowledged the challenges of pursuing legal action against OpenAI, given that the company is based outside the European Union. However, the office has outlined its intent to engage with OpenAI by posing a series of questions aimed at facilitating a thorough administrative investigation into potential violations of data protection regulations.

Jakub Groszkowski, deputy president of the Polish office, emphasized that the complaint has raised serious concerns about OpenAI's compliance with European data protection principles, with a particular focus on the GDPR's fundamental principle of "privacy by design." The office is committed to addressing these concerns and evaluating OpenAI's approach to safeguarding personal data.

This investigation is not the first instance of OpenAI facing scrutiny over its compliance with European GDPR regulations. In March, Italian data protection authorities temporarily suspended ChatGPT and initiated an investigation into suspected breaches of data privacy rules. They also highlighted a lack of clarity and transparency regarding the data collected by OpenAI.

In April, German regulators sought clarification from OpenAI regarding the company's intentions and its ability to adhere to the stringent data privacy laws outlined in the EU's GDPR. During the same period, the European Data Protection Board established a specialized working group to specifically address concerns related to OpenAI's practices.

The investigation by Poland's Office for Personal Data Protection underscores the increasing significance of data protection and privacy compliance, especially for organizations that operate internationally. As AI and data-driven technologies continue to evolve, regulatory bodies worldwide are closely monitoring these developments to ensure that practices align with established data protection standards. OpenAI, like other tech companies, faces ongoing scrutiny and the imperative to demonstrate strict adherence to data privacy regulations across various jurisdictions.


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