Italy: Announced reinstatement of OpenAI ChatGPT in Italy

On 28 April 2023, the Italian Data Protection Authority (DPA) announced that OpenAI’s platform ChatGPT had been reinstated after the company informed the DPA that it had implemented measures to comply with the requirements imposed by the DPA on 11 April 2023. In particular, OpenAI adopted the following measures. Published an information notice on the use and processing of personal data for algorithm training, as well as the rights of users and interested parties, including the right to opt out from data processing. Expanded its privacy policy and made it accessible from the sign-up page and granted all individuals living in Europe the right to opt-out from processing of their data for training of algorithms through an online ad-hoc form. Introduced a welcome back page containing links to the new privacy policy and the information notice and established mechanisms for data subjects to obtain erasure of information that is considered inaccurate. Furthermore, OpenAI clarified in the information notice that it would keep on processing specific personal data for training algorithms without prejudice to users’ right to opt out and implemented a form enabling European users to opt-out of the processing of their personal data. Added for registered Italian users a button to confirm that they are aged above 18 or that they are aged above 13 and have obtained parental or guardian consent and included the request to specify birthdates in the service sign-up page to block access by underaged users. In addition, the DPA has requested the company to comply with measures that include implementing an age verification system and conducting an information campaign online, on radio, television and in newspapers to inform the public about the use of personal data for the purpose of algorithm training. Finally, the DPA stated that it would continue the preliminary investigation and its work through the EU ChatGPT task force created by the European Data Protection Board (EDPB).