What is ChatGPT?

ChatGPT is a natural language processing tool powered by Artificial Intelligence, which allows fluent conversations similar to human ones.

It also facilitates the user to perform tasks such as essays, writing emails, composing songs, analysis of devices, creation of Excel formulations, and so on.

This new tool is executed on a language model architecture created by OpenAI called Generative Pre-trained Transformer (GPT).

ChatGPT is free to use and open-access, as it is being tested as well as feedback is being collected.

However, in relation to the title of this article “ChatGPT, threat or partner?”, a quick review of how this new tool works, as well as its limits, will be made.

What is the compatibility of this new Artificial Intelligence tool with Data Protection?

 

Compatibility between Data Protection and ChatGPT

Several countries have reacted to the risks associated with the implementation of this new Artificial Intelligence tool.

This tool, which is still unknown in many of its fields, must be studied to evaluate the respect of the most elementary fundamental rights, such as privacy of its users.

Data leakage, suspicions of incorrect Data Processing, threats to the control and supervision of said processing… there are different reasons that have caused countries like the ones we will see in the following to limit or oppose the implementation of ChatGPT in their territories.

International situation of ChatGPT

Below are listed some of the countries that have been reticent about the implementation of ChatGPT in their territories:

1. United States

United States is currently assessing the possibility of regulating Artificial Intelligence, in view of the risks that ChatGPT brings with it.

This is the reason for which the U.S. Department of Commerce submitted a request in the first week of April 2023 that included responsibility measures.

Among these measures is the one consisting of new AI models being subjected to a verification process before their release.

This will create a 60-day open debate for all AI users to express their concerns, doubts and opinions about AI.

This measure will not be an impediment to the free development and growth of Artificial Intelligence in the U.S., but will be necessary to comply with the “ethics of algorithms”, which is strictly enforced in Europe.

 

2. Italy

Last March 31, 2023, Italy blocked the use of ChatGPT in its territory immediately, accusing this Artificial Intelligence tool for not respecting the Data Protection Law.

It also reported that on March 20 of the same year, ChatGPT suffered a loss of its users’ data, as well as the payment data of users subscribed to the service.

Italy’s Garante Per Protezion dei Dati Personali pointed out, in its disposition, the absence of information to users and interested parties which data ChatGPT collects. It also mentioned the lack of a clear legitimizing basis that  justifies the massive collection of personal data, as well as the retention of such data.

 

3. Spain

The Spanish Data Protection Agency has initiated ex officio, like other countries, an investigation procedure against OpenAI, the company that created the AI tool.

This procedure is based on a possible breach of regulations.

A few days ago, the AEPD asked the European Data Protection Committee (ECDC) to deal with the ChatGPT service as an issue to be discussed in the plenary session, considering it as a global processing that has a significant impact on the rights of individuals.

Such global processing requires coordinated action at the European level at the time of implementing the GDPR.

In response, the ECDC has announced the creation of a working group, with the aim of sharing information and promoting cooperation, about the actions taken by Data Protection Authorities.

Therefore, the AEPD is currently acting as a national supervisory control authority, on the one hand, and in coordination with the European countries via CEPD, on the other hand.

The Agency wanted to express its support and disposal for innovative Artificial Intelligence technologies, as long as “full respect for the legislation in force is guaranteed, since it considers that only from that starting point a technological development compatible with the rights and freedoms of individuals can be carried out.”

 

4. China


China has censored the use of the ChatGPT tool in its territory. It has also stated that it will implement rules and regulations to control this tool and ensure that it is not used.

The new AI tool was, until recently, used by companies and users in the Asian giant.

However, Chinese regulators have recently forced apps and websites to stop services that use ChatGPT.

China has expressed serious concerns about the use of this U.S. tool on its territory, as it sees a great danger to the security of its data.

For this reason, it has decided to develop its own AI tool.

The search motor “Baidu” announced its intention to create an Artificial Intelligence similar to ChatGPT, as well as the company “Alibaba Group”, which already operates in several Chinese multinationals.

 

5. Germany


The German government is currently analyzing the possibility of prohibiting the use of ChatGPT on its territory, due to the danger related to the sensitive information of its users.

The German Commissioner for Data Protection and Freedom of Information said about this prohibition: “In principle, this action is also possible in Germany”.

He added that Germany had contacted the Italian government for more information about the data leakage on Italian territory.

For its part, the German Federal Ministry for Digital Affairs and Transport has objected to this total ban on the use of ChatGPT in Germany.

In conclusion

So, ChatGPT, threat or ally? This new system has been a significant advance in artificial intelligence.

If all countries are able to establish regulations for this new system to ensure that it fits its functioning with the established legal framework, it will no longer be a threat and will become an ally.

Several countries have expressed the need to create an Artificial Intelligence Regulation ( which is already under development), that will provide the necessary legal certainty for companies to start developing AI projects.

 

Auratech Legal Solutions is at your disposal to provide you with legal advice on any Artificial Intelligence Project.

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