Guarantor blocks ChatGPT – comment by DLA Piper

Il Privacy Guarantor it blocked ChatGPTthe artificial intelligence tool of OpenAI – and the lawyers of FOR Piper they give us their position on it. An urgent measure that appears unjustified. Instead, we need to find a balance between privacy and AI.

DLA Piper comments on the Guarantor’s ChatGPT block

The lawyers Giulio Coraggio and Tommaso Ricci of the DLA Piper law firm they explain to us that: “The decision follows a previous decision by the Ombudsman against another Chatbot in which the lack of age verifications was contested. The exact scope of the dispute is not yet clear due to the lack of detail in the decision. However, the urgency of the measure, in our opinion, appears unjustified”.

“The position of the Guarantor seems to reflect a bias towards generative artificial intelligence systemsunfortunately in line with the current position of the European Commission in the drafting of the AI ​​Act. Indeed, it is clear that there are rather large margins of defense for some of the disputed conducts with respect to ChatGPT, for example, the AI-generated data does not match real personal data.

The lawyers go on to explain that: “It is important to find a balance between adopting AI technologies and safeguarding user privacy and securitybut we are referring to rapidly evolving technologies that do not currently generate high risks for people’s data”.

DLA Piper also comments on the possibility of this measure expanding into Europe, catching the favor of the EU. “In the past the Supervisor had taken a similar measure against a social media, which has not been followed by other data protection authorities. Therefore, it is not yet clear whether other personal data protection authorities will follow the same line. We hope this doesn’t happen.”

Learn more on the DLA Piper website.