Canada: Announced OPC and Provincial Data Protection Authorities investigation into ChatGPT's data processing practices

On 25 May 2023, the Office of the Privacy Commissioner of Canada (OPC), the Office of the Information and Privacy Commissioner for British Columbia, the Commission d'accès à l'information du Québec, and the Office of the Information and Privacy Commissioner of Alberta announced their joint investigation into Open AI's ChatGPT. In April, the OPC initiated the investigation into OpenAI following a complaint that alleged ChatGPT was collecting, using, and disclosing personal information without obtaining consent. The Data Protection Authorities stated that the collaboration aims to leverage their combined resources better due to artificial intelligence's broad scope and significant privacy impact. Firstly, the investigation will assess whether OpenAI has obtained valid and meaningful consent for the collection, use, and disclosure of personal information from individuals located in Canada who used ChatGPT. Secondly, the authorities will evaluate whether OpenAI has fulfilled its obligations pertaining to openness and transparency, access, accuracy, and accountability. Lastly, the investigation will examine the purposes for which OpenAI has collected, used, and disclosed personal information and whether OpenAI's data collection practices are limited to the information necessary to achieve these specific purposes.