A Vienna privacy campaign group, NOYB (None of Your Business), announced plans to file a complaint against ChatGPT, alleging that the AI tool invented incorrect answers that even its creator, OpenAI, couldn't rectify.
ChatGPT's Hallucinations in Question
According to NOYB, ChatGPT exhibits a tendency to "hallucinate," meaning it generates responses that are not factually accurate.
The tool was launched in November 2022 amid significant AI hype, leading many to utilize it for various purposes.
The chatbot's popularity sparked the broader AI race in the tech industry, but it has also faced controversies over instances of hallucinating information and copyright allegations.
OpenAI has acknowledged that ChatGPT operates by predicting likely words in response to user prompts without guaranteeing the accuracy of the information provided.
NOYB argues that inaccuracies are unacceptable when it comes to information about individuals. EU law mandates that personal data must be accurate, as outlined in Article 5 of GDPR.
According to the group, individuals also have rights under GDPR, such as the right to rectification (Article 16) and the right to access (Article 15), which ensure data accuracy and transparency.
Maartje de Graaf, a data protection lawyer at NOYB, emphasizes the consequences of false information, especially concerning individuals.
"Making up false information is quite problematic in itself. But when it comes to false information about individuals, there can be serious consequences. It's clear that companies are currently unable to make chatbots like ChatGPT comply with EU law, when processing data about individuals," de Graaf said in an official statement.
"If a system cannot produce accurate and transparent results, it cannot be used to generate data about individuals. The technology has to follow the legal requirements, not the other way around."
Despite incorrect information provided by ChatGPT, OpenAI reportedly refused to rectify or delete data about individuals, citing technical limitations. The group claims that OpenAI's response to access requests under GDPR was inadequate, failing to disclose details about the data processed.
NOYB Files a Complaint Against OpenAI
NOYB has filed a complaint with the Austrian data protection authority (DSB) against OpenAI, urging an investigation into its data processing practices related to large language models like ChatGPT.
The campaign group seeks to ensure compliance with GDPR and enforce corrective measures, potentially through EU cooperation.
The rising popularity of ChatGPT has drawn the attention of European privacy watchdogs, with authorities like the Italian DPA and the European Data Protection Board (EDPB) scrutinizing its accuracy and data processing practices.
Despite the allegations, OpenAI has acknowledged that ChatGPT is prone to generating inaccurate information. The chatbot always carries a disclaimer that reads, "ChatGPT can make mistakes. Consider checking important information."
As of this writing, its knowledge cut-off is only up to January 2022.
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