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OpenAI faces scrutiny in Austria over GDPR compliance and misinformation issues

  • The complaint by NYOB claims that OpenAI's ChatGPT generates false information about individuals.
  • Under GDPR, information pertaining to individuals must be precise.
  • The European Commission is scrutinizing Microsoft's significant investment in OpenAI.

Austrian privacy advocates have initiated a formal complaint against OpenAI, the U.S.-based developer of the widely-used chatbot ChatGPT, alleging violations of the European Union's General Data Protection Regulation (GDPR).

The complaint, filed today, 29 April, by the group NOYB (None of Your Business), centers on claims that OpenAI's ChatGPT generates false information about individuals and lacks transparency in its data processing practices, which could lead to serious consequences for those affected.

GDPR demands accuracy and access to personal data

Under GDPR, information pertaining to individuals must be precise, and citizens should have the ability to access any personal data held by a company.

NOYB argues that OpenAI fails to meet these requirements, as it is unclear what data ChatGPT stores on individuals or the origins of its data.

"Making up false information is problematic, but when it concerns individuals, the impact can be severe," stated Maartje de Graaf, a data protection lawyer with NOYB.

This isn't the first regulatory challenge for OpenAI; the company is already under investigation by Italy's national privacy watchdog, which raised concerns in March about potential data breaches and the exposure of user data.

Furthermore, the European Data Protection Board recently formed a task force to coordinate actions regarding ChatGPT across the EU.

Broader implications and regulatory actions

The rapid adoption of ChatGPT, which has garnered over 180 million users since its launch in November 2022, has sparked a broader debate on the use and risks associated with artificial intelligence.

Issues such as copyright infringement and the creation of deepfake content have underscored the need for more stringent regulations to govern emerging AI technologies.

Moreover, the European Commission is scrutinizing Microsoft's significant investment in OpenAI, questioning whether it complies with EU competition laws.