On March 31, 2023, the data protection authority in Italy announced that the popular service ChatGPT would be temporarily blocked in the country. The reasons given were violations of data protection and the lack of sufficient information on the use of data by the operator OpenAI.
"The point is that if I don't know who is doing what with my personal data, I am not able to control the use of my personal data in order to exercise my rights," explained Italian data protection officer Guido Scorza in an interview with legal data.
Investigation due to lack of protection of minors at ChatGPT
The data protection authority also criticized the lack of filters to prevent children under the age of 13 from being shown "absolutely inappropriate" information. Investigations were initiated as a result. As a precautionary measure, the authority banned the processing of data from users in Italy, which means that ChatGPT can no longer be used in the country.
Popularity of the service as a reason for blocking
The popularity of the service was one of the reasons why Italy not only launched an investigation, but decided to stop the service "before it was too late", according to Scorza. OpenAI was given 20 days to present measures to counter the allegations. Failure to do so could result in a fine of up to 20 million euros or four percent of global turnover.
The data protection authority also referred to a recent data breach in which ChatGPT users were able to see information from other people's profiles. The problem was attributed by OpenAI to a bug in the software used for ChatGPT.
ChatGPT is based on capturing enormous amounts of text in order to formulate sentences that are almost indistinguishable from those of a human. This basic principle harbors the risk that the software "hallucinates facts", as OpenAI calls it, i.e. presents false information as correct. The Italian data protection experts also see a fundamental problem in the way ChatGPT was trained. There is no legal basis for the mass collection and storage of personal data to train the algorithms.
Reaction from ChatGPT users and experts
The blocking of ChatGPT in Italy triggered reactions from users and experts. Some welcomed the decision as a necessary measure to protect privacy, while others criticized the decision as excessive and unnecessary.
Italy's data protection authority emphasizes that it wants to protect the privacy and rights of users. "We have asked the operator of ChatGPT, OpenAI, to provide us with detailed information on how they process personal data and how they ensure that user data is protected," says Guido Scorza, the Italian data protection commissioner.
"We have also expressed concern that the algorithms used for ChatGPT are based on mass collected personal data for which there is no sufficient legal basis," adds Scorza.
ChatGPT has gained popularity worldwide in recent months. The software has the potential to revolutionize the way we interact with voice and text. But there are also concerns about data protection and the potential impact on society if AI-based technologies are used incorrectly.
Scorza emphasizes that the data protection authority in Italy is not against progress or innovation. "We want to ensure that the technology is used in accordance with data protection regulations and the rights of users," says Scorza.
DS-GVO problems
It remains to be seen how the matter will turn out and whether OpenAI can take the necessary measures to lift the block on ChatGPT in Italy. However, the Italian data protection authority's decision could have an impact on the development and use of AI-based technologies worldwide. In addition to the problems of data security and confidentiality outlined above, ChatGPT also learns with every request - the European data protection authorities will soon have to review whether this is in line with the principles of purpose limitation and the strict regulations of the GDPR.
