(AGENPARL) – mer 12 aprile 2023 SERVIZIO RELAZIONI ESTERNE E MEDIA
PRESS RELEASE
CHATGPT: ITALIAN SA TO LIFT TEMPORARY LIMITATION IF OPENAI IMPLEMENTS MEASURES
30 April set as deadline for compliance
OpenAI will have to comply by 30 April with the measures set out by the Italian SA concerning transparency, the right of data subjects – including users and non-users -, and the legal basis of the processing for algorithmic training relying on users’ data. Only in that case will the Italian SA lift its order that placed a temporary limitation on the processing of Italian users’ data, there being no longer the urgency underpinning the order, so that ChatGPT will be available once again from Italy.
Therefore, several concrete measures will have to be implemented by the company in accordance with today’s decision by the SA.
Information
OpenAI will have to draft and make available, on its website, an information notice describing the arrangements and logic of the data processing required for the operation of ChatGPT along with the rights afforded to data subjects (users and non-users). The information notice will have to be easily accessible and placed in such a way as to be read before signing up to the service.
Users from Italy will have to be presented with the notice before completing their registration, when they will also be required to declare they are aged above 18.
Registered users will have to be presented with the notice at the time of accessing the service, once it is reactivated, when they will also be required to pass through an age gate filtering out underage users on the basis of the inputted age.
Legal basis
Regarding the legal basis of the processing of users’ personal data for training algorithms, the Italian SA ordered OpenAI to remove all references to contractual performance and to rely – in line with the accountability principle – on either consent or legitimate interest as the applicable legal basis. This will be without prejudice to the exercise the SA’s investigatory and enforcement powers in this respect.
Exercise of data subjects’ rights
A set of additional measures concern the availability of tools to enable data subjects, including non-users, to obtain rectification of their personal data as generated incorrectly by the service, or else to have those data erased if rectification was found to be technically unfeasible.
OpenAI will have to make available easily accessible tools to allow non-users to exercise their right to object to the processing of their personal data as relied upon for the operation of the algorithms. The same right will have to be afforded to users if legitimate interest is chosen as the legal basis for processing their data.
Protection of children
Regarding age verification measures, the Italian SA ordered OpenAI to immediately implement an age gating system for the purpose of signing up to the service and to submit, within the 31st of May, a plan for implementing, by 30 September 2023, an age verification system to filter out users aged below 13 as well as users aged 13 to 18 for whom no consent is available by the holders of parental authority.
Awareness-raising campaign
OpenAI will have to promote an information campaign in agreement with the Garante, by the 15th of May, through radio, TV, newspapers and the Internet in order to inform individuals on use of their personal data for training algorithms.
The Italian SA will carry on its inquiries to establish possible infringements of the legislation in force and may decide to take additional or different measures if this proves necessary upon completion of the fact-finding exercise under way.
Rome, 12 April 2023