A European non-profit privacy organization, Noyb, has filed a GDPR complaint against OpenAI on behalf of an individual regarding personal data issues with ChatGPT. The complaint focuses on the AI chatbot's inability to correct misinformation it generates about individuals, which violates a core principle of the GDPR.
The unnamed complainant, who is a public figure, found that ChatGPT had listed an incorrect date of birth for them. However, when they contacted OpenAI to correct the error, the company said it was not technically possible for the chatbot to correct that data due to limitations in the way its systems work.
OpenAI's response left the complainant frustrated, as under the GDPR, individuals have the right to request the correction of personal data held by an organization. Noyb's complaint alleges that OpenAI is failing in its duty to ensure that users can access and correct their personal information as required by law.
Despite the fact that the complainant’s date of birth provided by ChatGPT is incorrect, OpenAI refused his request to rectify or erase the data, arguing that it wasn’t possible to correct data. OpenAI says it can filter or block data on certain prompts (such as the name of the complainant), but not without preventing ChatGPT from filtering all information about the complainant.
The complaint also criticizes OpenAI for failing to disclose where ChatGPT obtains individuals' data from and the exact personal information it holds about individuals. This lack of transparency, Noyb argues, violates the GDPR's guidelines on providing information to data subjects.
If regulators find OpenAI in violation of GDPR rules, the company could face fines of up to 4% of global revenue. There is also the possibility of enforcement action, such as orders to change the way ChatGPT processes the data of EU residents.
Previously, Italy's privacy watchdog briefly restricted access to ChatGPT in the country due to concerns about non-compliance. Now, the case has been transferred to Austrian regulators, who will investigate Noyb's claims further.
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