OpenAI fined for ChatGPT's use of personal data

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This is a decision that OpenAI could have done without a few hours before the end of the year. The American firm has just been fined 15 million euros in Italy. It will also have to launch a communication campaign in the country on various media (newspapers, television, radio, Internet) in order to raise awareness among the general public about how ChatGPT works and remind them of their GDPR rights. Let's take stock.

What OpenAI is accused of

In concrete terms, it was the Guarantor for the Protection of Personal Data, the equivalent of the Italian CNIL, which took this decision. It believes that OpenAI used Internet users’ personal data to train ChatGPT “ without having an adequate legal basis and violated the principle of transparency and related information obligations towards users ”.

Similarly, the investigation launched at the end of 2023 revealed that Sam Altman’s firm did not provide an “ adequate age verification system ” to prevent users under the age of 13 from being exposed to inappropriate content generated by AI, the authority believes.

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OpenAI defends itself

Criticized, OpenAI did not fail to respond. The company considers that this decision is ” disproportionate “ and it announces that it will appeal. The company nevertheless says it has worked with the Guarantor and adds:

They have since acknowledged our industry-leading approach to AI privacy, but this fine represents nearly 20 times the revenue we made in Italy during the relevant period.

As l’Usine Digitale rightly points out, this is not the first time the company has been in the hot seat in Italy. Indeed, ChatGPT was banned for several days in March 2023 after the Garante granted it a deadline to address data protection concerns. The service was eventually restored and the authority noted “steps forward made to combine technological progress with the rights of individuals”.

What to remember:

• OpenAI fined €15 million in Italy
• The company will also have to conduct an awareness campaign in the country
• The authorities believe that it did not sufficiently respect users' personal data
• The American company considers that this sanction is disproportionate and announces that it will appeal this decision

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