When I decided that ChatGPT was going to be banned in Italy, the regulatory authority also opened the door for the restoration of the OpenAI service. For this, the new rules, which have now finally been announced, must be followed.
OpenAI and ChatGPT may return to Italy
Italy was the first country in Europe to question the way ChatGPT data was handled. He claimed several problems to interrupt the presence of the OpenAI offering in the country, from issues related to the GDPR to the age of users.
The company immediately ceased its presence in the country and stated that it was willing to resolve all issues. With more countries questioning the way data is handled, the position of Italy and the necessary changes for ChatGTP to return to the country.
Of course, we defer to the Italian government and have stopped hosting ChatGPT in Italy (although we think we follow all privacy laws).
Italy is one of my favorite countries and I look forward to visiting again soon!
— Sam Altman (@sama) March 31, 2023
Just follow the rules presented now
By April 30, OpenAI will have to comply with the measures defined by the Italian SA regarding transparency, the right of data subjects and the legal basis for the processing of algorithmic training based on user data.
Information: OpenAI will have to prepare and make available on its website an information notice describing the modalities and logic of the processing of data necessary for the functioning of ChatGPT as well as the rights granted to data subjects (users and non-users). The information notice must be easily accessible and placed in such a way that it can be read before subscribing to the service.
Users in Italy must receive the notification before completing their registration, when they must also declare that they are over 18 years of age.
Registered users must be notified of the notice when they access the service, once it is reactivated, when they must also go through an age barrier that filters minor users based on the informed age.
Legal Basis: Regarding the legal basis of the processing of users' personal data for training algorithms, the Italian SA ordered OpenAI to remove all references to contractual performance and to - in accordance with the principle of responsibility - consent or legitimate interest as the basis of applicable law to trust This will not prejudice the exercise of SA's investigative and enforcement powers in this regard.
Exercise of data subject rights: A set of additional measures concerns the provision of tools that allow holders, including non-users, to obtain the rectification of their personal data erroneously generated by the service, or to proceed with its elimination if rectification proved to be technically unfeasible.
OpenAI will need to provide easily accessible tools to allow non-users to exercise their right to object to the processing of their personal data, as argued for the operation of the algorithms. The same right must be granted to users if legitimate interest is chosen as the legal basis for processing their data.
Child Protection: Regarding age verification measures, the Italian SA ordered OpenAI to immediately implement an agency system with the aim of joining the service and to submit an implementation plan by 31 May, by 30 September 2023, of an age verification system to filter out users under the age of 13, as well as users aged 13 to 18 for whom no permission is available from parental authority holders.
Awareness campaign: OpenAI will have to promote an information campaign in accordance with the Sponsor until May 15 through radio, television, newspapers and the Internet in order to inform individuals about the use of their personal data for algorithm training.
SA Italiana will continue its investigations to identify possible violations of the applicable legislation. It may decide to take additional or other measures if this appears to be necessary after the conclusion of the current teaching exercise.