Spain opens an investigation into OpenAI by ChatGPT

The Spanish Data Protection Agency (AEPD) has officially opened an investigation into the US company Open AI, owner of ChatGPT. The AEPD considers that the American company may have committed possible breach of regulations. In a releasethe AEPD recalls that it advocates the development and implementation of innovative technologies like artificial intelligence from “full respect” to current legislation. «Only from this starting point can a technological development compatible with the rights and freedoms of people be carried out»points out the AEPD in its note.

Last week, the Agency requested the European Data Protection Board (EDPB)that the ChatGPT service be included as a topic to be addressed in its plenary meeting, considering that the global treatments that may have a significant impact on people’s rights require harmonized and coordinated actions at the European level in application of the General Data Protection Regulation.

The aforementioned committee decided in the plenary session held on Thursday to launch a workgroup to promote cooperation and exchange information on the actions carried out by the data protection authorities, explains the AEPD.

With the beginning of the investigation in Spain and the participation in the European working group, the AEPD acts in parallel within the framework of its powers and competences as national supervisory and control authority, as well as in coordination with their European counterparts through the committee.

Released on November 30, 2022, ChatGPT has become in just four months the most popular application to create conversations and texts similar to those that a human being would carry out and it was the fastest to reach 100 million users, ahead of WhatsApp, Facebook or Twitter.

Several countries involved

Different countries have already expressed their concerns about these advances in artificial intelligence. Two weeks ago, Italy blocked “with immediate effect” access to ChatGPT for violating the privacy of user data. The Government of this country argued that the chatbot violated the consumer data protection law after the system suffered a failure in its security system that allowed the loss of its users’ data, including payment information that perform. He Guarantor for the Protection of Personal Data of Italy criticized the «absence of a legal basis justifying the massive collection and storage of personal datawith the aim of ‘training’ the algorithms with which the platform works».

In Europe, France, Germany and Ireland They have followed in the footsteps of Italy and have decided to study the situation of ChatGPT. USAmeanwhile, also prepare the legislation for these new applications. Similarly, the Internet regulatory authority in China has proposed strict controls on the type of content that can be generated by platforms such as ChatGPT.

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