Germany: Issued second Hessian Data Protection Authority order requesting OpenAI to provide information on ChatGPT's data processing practices

On 24 October 2023, the Commissioner for Data Protection and Freedom of Information in the German state of Hessen announced that it issued a second order requiring OpenAI, the operator of the ChatGPT, to provide information on its data processing practices. The Hessian Commissioner for Data Protection and Freedom of Information has formally requested that OpenAI respond to 79 questions concerning data processing and measures implemented for safeguarding fundamental rights and data security. The Hessian Commissioner noted that OpenAI provided information based on a previous request regarding the collection, training and processing of personal data and that concerns persist regarding compliance with data protection regulations, particularly concerning the processing of special categories of personal data for AI system training.