Another chapter to the Italian Open AI saga – Dentons
Today, the Italian Data Protection Authority (Garante) announced that it notified breaches of data protection law to OpenAI and, accordingly, activated sanction proceedings.
A brief recap of the story so far:
More specifically, during its initial review, the Garante identified failures of OpenAI to comply with Articles 5, 6, 8, 13 and 25 of the GDPR, arising from the inadequacy of the privacy policy, the lack of a suitable legal basis for processing the personal data for the purpose of training the AI system, the lack of an age verification mechanism, and the impossibility to ensure correctness of the personal data processed.
The measures implemented by OpenAI (including a more detailed privacy policy and description of the relevant legal basis for processing, the implementation of opt-out mechanisms from processing of personal data for AI system training purposes, the granting of an effective right to erasure and the adoption of an age gate) were deemed sufficient by the Garante to lift the temporary limitation on OpenAI’s processing activities in Italy.
Nonetheless, as noted in our previous articles (see here and here), the temporary limitation was an urgent remedy to foster the prompt achievement of a minimum level of compliance, while the Garante carried out a further investigation on the lawfulness of OpenAI’s processing.
After an in-depth investigation, the Garante noted that “the available evidence pointed to the existence of breaches of the provisions contained in the EU GDPR”. Whether such breaches are due to the insufficiency of the measures previously agreed by the Garante and OpenAI to ensure compliance with the GDPR, or concern other provisions of the GDPR, is yet to be determined.
This is the official opening of the sanction proceedings: OpenAI will now have 30 days to file its defence briefs (being understood that OpenAI can in principle ask for an extension).
As stated in its press release (see here, both in Italian and in English), the Garante will also take into account the ongoing work of the special task force established by the European Data Protection Board. The outcome should therefore shed some light on generative AI systems and privacy also for other EU jurisdictions.
We will further update you as more information becomes available. In the meantime, let us know if you need any clarifications!
Email me
giangiacomo.olivi@dentons.com
Email me
chiara.bocchi@dentons.com
Email me
elena.cirotti@dentons.com
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A brief recap of the story so far:
More specifically, during its initial review, the Garante identified failures of OpenAI to comply with Articles 5, 6, 8, 13 and 25 of the GDPR, arising from the inadequacy of the privacy policy, the lack of a suitable legal basis for processing the personal data for the purpose of training the AI system, the lack of an age verification mechanism, and the impossibility to ensure correctness of the personal data processed.
The measures implemented by OpenAI (including a more detailed privacy policy and description of the relevant legal basis for processing, the implementation of opt-out mechanisms from processing of personal data for AI system training purposes, the granting of an effective right to erasure and the adoption of an age gate) were deemed sufficient by the Garante to lift the temporary limitation on OpenAI’s processing activities in Italy.
Nonetheless, as noted in our previous articles (see here and here), the temporary limitation was an urgent remedy to foster the prompt achievement of a minimum level of compliance, while the Garante carried out a further investigation on the lawfulness of OpenAI’s processing.
After an in-depth investigation, the Garante noted that “the available evidence pointed to the existence of breaches of the provisions contained in the EU GDPR”. Whether such breaches are due to the insufficiency of the measures previously agreed by the Garante and OpenAI to ensure compliance with the GDPR, or concern other provisions of the GDPR, is yet to be determined.
This is the official opening of the sanction proceedings: OpenAI will now have 30 days to file its defence briefs (being understood that OpenAI can in principle ask for an extension).
As stated in its press release (see here, both in Italian and in English), the Garante will also take into account the ongoing work of the special task force established by the European Data Protection Board. The outcome should therefore shed some light on generative AI systems and privacy also for other EU jurisdictions.
We will further update you as more information becomes available. In the meantime, let us know if you need any clarifications!
Email me
giangiacomo.olivi@dentons.com
Email me
chiara.bocchi@dentons.com
Email me
elena.cirotti@dentons.com
© 2024 Dentons. All rights reserved. Attorney Advertising. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content.
Unsolicited emails and other information sent to Dentons will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. If you are not already a client of Dentons, please do not send us any confidential information.
You are switching to another language. Please click Confirm below to continue.
You will now be taken from the global Dentons website to the $redirectingsite website. To proceed, please click Accept.
Beijing Dacheng Law Offices, LLP (“大成”) is an independent law firm, and not a member or affiliate of Dentons. 大成 is a partnership law firm organized under the laws of the People’s Republic of China, and is Dentons’ Preferred Law Firm in China, with offices in more than 40 locations throughout China. Dentons Group (a Swiss Verein) (“Dentons”) is a separate international law firm with members and affiliates in more than 160 locations around the world, including Hong Kong SAR, China. For more information, please see dacheng.com/legal-notices or dentons.com/legal-notices.
This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
