OpenAI Must Meet Requirements to Lift Ban on ChatGPT in Italy
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Italy’s band on ChatGPT due to suspected GDPR violations will be lifted if OpenAI meets the requirements set by the Italian data protection authority.
OpenAI must ensure transparency, protect data subjects’ rights, and process user data legally for algorithmic training.
The Italian data protection authority Garante has instructed OpenAI to take specific actions to comply with the EU’s General Data Protection Regulation (GDPR) before it lifts the order against ChatGPT issued at the end of March.
The order was put in place due to suspicions of GDPR violations but will be lifted if OpenAI meets the requirements set out by the Italian authority. These measures include transparency, the protection of the rights of data subjects, and ensuring the legal basis for processing algorithmic training relying on user data. The data protection authority has set a deadline of April 30 for OpenAI to complete most of the required tasks. After complying, ChatGPT will once again be available in Italy.
OpenAI has to create an information notice about how ChatGPT processes data, which should be easy to find on its website. Users from Italy must see this notice before registering and then confirm that they’re over 18.
OpenAI must remove all references to contractual performance and instead rely on either consent or legitimate interest as the applicable legal basis. This change must be made in line with the accountability principle. The Italian SA retains investigatory and enforcement powers in this respect.
To enable data subjects, including non-users, to exercise their rights, OpenAI must provide tools that allow to correct or erase personal data generated incorrectly by ChatGPT.
The Italian SA has instructed OpenAI to verify the age of ChatGPT users. This requires an age gate during registration and a system to filter out the ages of users under 13 and those aged 13-18 without parental consent. OpenAI must submit a plan for this by May 31 and implement it by September 30.
OpenAI must run an information campaign in collaboration with the Garante to inform people how their personal data is used for training algorithms. The campaign must run on various media channels such as TV, radio, newspapers, and the internet and must be completed by May 15. The authority will continue its investigation to determine if there are any further law violations and may take additional measures as necessary.
Before coming up with the rules, Garante’s entire panel of commissioners had a videoconference meeting with OpenAI on April 5, attended by the company’s CEO, Sam Altman.
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