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Austrian privacy organization noyb is suing OpenAI over faulty answers from ChatGPT. The answers may have violated EU GDPR laws and regulations.

One test asked for a date of birth. The GenAI application answered with an incorrect date, when it should have indicated that it had no appropriate data on this. Also due to the GDPR, no data was allowed to be provided.

The privacy rights organization asked OpenAI to rectify or delete the responses, claiming it violated relevant European privacy laws and regulations. However, the AI giant refused to do so, saying it would not be possible to release information about the data processed, its sources and recipients.

According to noyb, this shows that ChatGPT continues to hallucinate and therefore can still provide incorrect answers. “Making up false information is quite problematic in itself. But when it comes to false information about individuals, there can be serious consequences. It’s clear that companies are currently unable to make chatbots like ChatGPT comply with EU law, when processing data about individuals. If a system cannot produce accurate and transparent results, it cannot be used to generate data about individuals. The technology has to follow the legal requirements, not the other way around,” said Maartje de Graaf, data protection lawyer at noyb.

Complaint to privacy regulator

Because of this response, noyb is now filing a complaint with the Austrian privacy regulator. The privacy rights organization is asking the regulator to investigate how OpenAI processes data for its GenAI application and what measures have been taken to ensure the accuracy of responses from personal data processed in the AI giant’s LLMs.

In addition, noyb asks the privacy regulator to force OpenAI to comply with the privacy rights organization’s request to bring the access and processing of the data used into compliance with the GDPR. Finally, it is demanding that the Austrian privacy regulator fine OpenAI to ensure GDPR compliance in the future.

OpenAI has not yet responded to the privacy rights organization’s complaint.

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