Data Privacy Implications of ChatGPT
ChatGPT, an AI-powered chatbot developed by OpenAI has taken the world by storm, with over 100 million users worldwide. The chatbot, known for its impressive capabilities, can write essays on complex topics, resumes, cover letters, songs, and fiction, and even pass law school exams. While its capabilities have sparked debates about ethics, art, education, employment, intellectual property, and cybersecurity, it also raises important questions about data privacy.
From a data privacy perspective, ChatGPT has the potential to challenge and transform privacy frameworks. For instance, the EU's General Data Protection Regulation (GDPR) and the UK's Data Protection Act 2018, grant data subjects the “right not to be subject to a decision based solely on automated processing,” with certain exceptions. While automated decision-making can be useful for organizations, it poses serious concerns and risks to individuals subject to such processes. There is a possibility of adverse legal effects based on processes they may not understand, or that may exacerbate or replicate biases and discriminatory practices.
Though the US lacks federal privacy legislation, California has emerged as a leader in advancing privacy rights for consumers, and several other states have followed suit. California’s privacy agency, the California Privacy Protection Agency, has established a subcommittee to advise on automated decision-making. It is possible that the United States could adopt prohibitions or restrictions on automated decision-making similar to what has been done in the EU and the UK.
Recently, Italy’s data protection authority began investigating additional data privacy implications of ChatGPT. The probe includes whether ChatGPT can comply with GDPR, its legal basis for processing, collecting, and storing mass amounts of personal data, and its lack of age verification tools. In the meantime, Italy has temporarily banned ChatGPT.
Organizations will need to develop a balance between the utility of ChatGPT and the privacy rights of individuals. Regulators will also need to address the risks posed by emerging technologies, and how they will balance the interests of organizations and individuals.
