November 2022, ChatGPT usage has been growing daily, making daily life activities easier. With the help of AI, we now can work and deliver tasks more easily than ever before. ChatGPT uses large language models to deliver responses based on our inquiries and conversations, and now, it even has the ability to respond based on our feelings.
With its last update, OpenAI and ChatGPT-4o are now able to deliver more than we ever have imagined before. ChatGPT Omni can interpret its users’s feelings, analyze photos, deliver faster content, and even deliver responses through direct speech. But, as you can imagine, with these many advancements, some privacy issues might appear as well.
When using, are exposed to “peculiar risks for the fundamental rights and freedoms of natural persons as “web scraping” enables the automated collection and extraction of certain information from different publicly available sources on the Internet (such as websites), which are then used for training purposes of ChatGPT” as the European ChatGPT taskforce states.
Even more so when ChatGPT neural networks are only partially known and available to their creators. When the NLP systems create responses, they may not know how and why those mistakes were made, creating an environment where software errors are hard to detect and resolve.
So, it is important that specific laws are created regarding ChatGPT and its capabilities. Yet the software works without particular regulations and a clear data protection policy, so OpenAI can act on whatever it wants. Yet the growing number of complaints can only be taken into legal action if specific laws are created.
GDPR complaints are the most common ones encountered. Every time personal data are collected, a GDPR contract should be signed as you give your permission. Yet, ChatGPT and other AI models can now access the public internet and get the available information. New EU regulations encourage DPA’s to make any non-compliant process to be stopped. When implementing GDPR regulations with AI, the users will have greater control over their data and feel more protected.
“Regarding the processing of special categories of personal data, one of the exceptions of Article 9(2) must also be applicable for the processing to be lawful. In principle, one of these exceptions can be Article 9(2)(e) GDPR. However, the fact that personal data is publicly accessible does not imply that “the data subject has manifestly made such data public”. To rely on the exception in Article 9(2)(e) GDPR, it is important to ascertain whether the data subject had explicitly intended and by clear affirmative action to make the personal data in question accessible to the general public”.
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