In the aftermath of the recent ChatGPT suspension in Italy
OpenAI, the American company responsible for ChatGPT, has addressed concerns raised by the Italian Data Protection Authority (SA) and reinstated service for Italian users. In response to an order issued by the SA on April 11, OpenAI has implemented several measures aimed at enhancing transparency and providing European users and non-users with greater control over their personal data.
In terms of legal bases, OpenAI clarified that while it will continue processing certain personal data on a contractual basis for service performance, users’ personal data for training algorithms will be processed on the grounds of legitimate interest, without prejudice to users’ right to opt-out. European users can now use a form to filter out their chats and chat history from the data used for training algorithms.
To address concerns related to underage users, OpenAI has added a button for Italian registered users to confirm they are at least 18 years old or have parental consent if aged between 13 and 18. The company has also updated the sign-up page to request birthdates, block access for users under 13, and require consent confirmation from parents or guardians for users between 13 and 18.
The Italian SA commends OpenAI’s efforts and urges the company to comply with further requests outlined in the April 11 order, such as implementing an age verification system and launching an information campaign to inform Italians about their right to opt-out from personal data processing for algorithm training. The SA recognizes OpenAI’s progress in aligning technological advancements with respect for individual rights and encourages continued compliance with European data protection legislation.
Moving forward, the Italian SA will continue to monitor OpenAI’s activities as part of the ad-hoc task force established by the European Data Protection Board.
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