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On 1 June 2023, the Personal Information Protection Commission (PPC) of Japan issued a warning to Open AI, the developer of ChatGPT, following an investigation into its compliance with the Act on the Protection of Personal Information (APPI). The PPC stated that following the increased use of the AI tool ChatGPT, it issued clarifications regarding APPI provisions OpenAI is required to comply with. In particular, regarding collecting information for machine learning, OpenAI is required to ensure that it implements measures to ensure that sensitive personal data is not collected and processed. Implement measures to minimise the storage and processing of sensitive data that may be included in the collected data. Furthermore, in case it determines that sensitive data is included in the datasets, implement measures to delete it or make it unidentifiable before processing it to the extent possible and as soon as possible. In addition, OpenAI must comply with requests from individuals not to collect sensitive personal data from specific third parties or websites. Finally, the PPC noted that unless there is a legitimate reason, OpenAI must ensure that it does not process sensitive data if the users have not provided consent and requested their data not to be used for machine learning.
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