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FameEX Hot Topics | Poland Investigates OpenAI and ChatGPT in Response to GDPR Complaint

2023-09-22 16:16:36

Poland's Office for Personal Data Protection has initiated an investigation into OpenAI following a complaint lodged by an undisclosed individual. The complainant alleges that OpenAI's ChatGPT processes data in an "unlawful, unreliable manner" and lacks transparency in data collection and processing practices, which violates European data protection and privacy principles. The applicant further claimed that ChatGPT generated false information about them and that OpenAI did not fulfill their requests under the European General Data Protection Regulation (GDPR).

Jan Nowak, the president of the data protection office, acknowledged that pursuing legal action against OpenAI, an entity outside the European Union, might pose challenges. Nevertheless, the office intends to engage OpenAI by seeking answers to several questions to facilitate a comprehensive administrative investigation into potential data protection violations.

Jakub Groszkowski, deputy president of the Polish office, noted that the complaint raised concerns about OpenAI's compliance with European data protection principles, particularly the GDPR's "privacy by design" fundamental principle. The office aims to clarify these concerns and assess OpenAI's approach to safeguarding personal data.

This incident is not the first time OpenAI has faced scrutiny regarding its compliance with European GDPR regulations. In March, Italian data protection authorities temporarily blocked ChatGPT and launched an investigation into suspected data privacy breaches. They also highlighted a lack of information for users regarding data collected by OpenAI.

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

The investigation by Poland's Office for Personal Data Protection underscores the growing importance of data protection and privacy compliance, especially for organizations operating internationally. As AI and data-driven technologies continue to evolve, regulatory bodies worldwide are closely monitoring their practices to ensure they align with established data protection standards. OpenAI, like other tech companies, faces ongoing scrutiny and the need to demonstrate adherence to data privacy regulations in various jurisdictions.


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