Privacy

ChatGPT’s ‘hallucination’ problem hit with another privacy complaint in EU

Comment

OpenAI logo and Sam Altman
Image Credits: OLIVIER DOULIERY / AFP / Getty Images

OpenAI is facing another privacy complaint in the European Union. This one, which has been filed by privacy rights nonprofit noyb on behalf of an individual complainant, targets the inability of its AI chatbot ChatGPT to correct misinformation it generates about individuals.

The tendency of GenAI tools to produce information that’s plain wrong has been well documented. But it also sets the technology on a collision course with the bloc’s General Data Protection Regulation (GDPR) — which governs how the personal data of regional users can be processed.

Penalties for GDPR compliance failures can reach up to 4% of global annual turnover. Rather more importantly for a resource-rich giant like OpenAI: Data protection regulators can order changes to how information is processed, so GDPR enforcement could reshape how generative AI tools are able to operate in the EU.

OpenAI was already forced to make some changes after an early intervention by Italy’s data protection authority, which briefly forced a local shut down of ChatGPT back in 2023.

Now noyb is filing the latest GDPR complaint against ChatGPT with the Austrian data protection authority on behalf of an unnamed complainant (described as a “public figure”) who found the AI chatbot produced an incorrect birth date for them.

Under the GDPR, people in the EU have a suite of rights attached to information about them, including a right to have erroneous data corrected. noyb contends OpenAI is failing to comply with this obligation in respect of its chatbot’s output. It said the company refused the complainant’s request to rectify the incorrect birth date, responding that it was technically impossible for it to correct.

Instead it offered to filter or block the data on certain prompts, such as the name of the complainant.

OpenAI’s privacy policy states users who notice the AI chatbot has generated “factually inaccurate information about you” can submit a “correction request” through privacy.openai.com or by emailing dsar@openai.com. However, it caveats the line by warning: “Given the technical complexity of how our models work, we may not be able to correct the inaccuracy in every instance.”

In that case, OpenAI suggests users request that it removes their personal information from ChatGPT’s output entirely — by filling out a web form.

The problem for the AI giant is that GDPR rights are not à la carte. People in Europe have a right to request rectification. They also have a right to request deletion of their data. But, as noyb points out, it’s not for OpenAI to choose which of these rights are available.

Other elements of the complaint focus on GDPR transparency concerns, with noyb contending OpenAI is unable to say where the data it generates on individuals comes from, nor what data the chatbot stores about people.

This is important because, again, the regulation gives individuals a right to request such info by making a so-called subject access request (SAR). Per noyb, OpenAI did not adequately respond to the complainant’s SAR, failing to disclose any information about the data processed, its sources, or recipients.

Commenting on the complaint in a statement, Maartje de Graaf, data protection lawyer at noyb, said: “Making up false information is quite problematic in itself. But when it comes to false information about individuals, there can be serious consequences. It’s clear that companies are currently unable to make chatbots like ChatGPT comply with EU law, when processing data about individuals. If a system cannot produce accurate and transparent results, it cannot be used to generate data about individuals. The technology has to follow the legal requirements, not the other way around.”

The company said it’s asking the Austrian DPA to investigate the complaint about OpenAI’s data processing, as well as urging it to impose a fine to ensure future compliance. But it added that it’s “likely” the case will be dealt with via EU cooperation.

OpenAI is facing a very similar complaint in Poland. Last September, the local data protection authority opened an investigation of ChatGPT following the complaint by a privacy and security researcher who also found he was unable to have incorrect information about him corrected by OpenAI. That complaint also accuses the AI giant of failing to comply with the regulation’s transparency requirements.

The Italian data protection authority, meanwhile, still has an open investigation into ChatGPT. In January it produced a draft decision, saying then that it believes OpenAI has violated the GDPR in a number of ways, including in relation to the chatbot’s tendency to produce misinformation about people. The findings also pertain to other crux issues, such as the lawfulness of processing.

The Italian authority gave OpenAI a month to respond to its findings. A final decision remains pending.

Now, with another GDPR complaint fired at its chatbot, the risk of OpenAI facing a string of GDPR enforcements across different Member States has dialed up.

Last fall the company opened a regional office in Dublin — in a move that looks intended to shrink its regulatory risk by having privacy complaints funneled by Ireland’s Data Protection Commission, thanks to a mechanism in the GDPR that’s intended to streamline oversight of cross-border complaints by funneling them to a single member state authority where the company is “main established.”

ChatGPT is violating Europe’s privacy laws, Italian DPA tells OpenAI

Poland opens privacy probe of ChatGPT following GDPR complaint

More TechCrunch

As part of 2024’s Accessibility Awareness Day, Google is showing off some updates to Android that should be useful to folks with mobility or vision impairments. Project Gameface allows gamers…

Google’s expands hands-free and eyes-free interfaces on Android

A hacker listed the data allegedly breached from Samco on a known cybercrime forum.

Hacker claims theft of India’s Samco account data

A top European privacy watchdog is investigating following the recent breaches of Dell customers’ personal information, TechCrunch has learned.  Ireland’s Data Protection Commission (DPC) deputy commissioner Graham Doyle confirmed to…

Ireland privacy watchdog confirms Dell data breach investigation

Ampere and Qualcomm aren’t the most obvious of partners. Both, after all, offer Arm-based chips for running data center servers (though Qualcomm’s largest market remains mobile). But as the two…

Ampere teams up with Qualcomm to launch an Arm-based AI server

At Google’s I/O developer conference, the company made its case to developers – and to some extent, consumers –  why its bets on AI are ahead of rivals. At the…

Google I/O was an AI evolution, not a revolution

TechCrunch Disrupt has always been the ultimate convergence point for all things startup and tech. In the bustling world of innovation, it serves as the “big top” tent, where entrepreneurs,…

Meet the Magnificent Six: A tour of the stages at Disrupt 2024

There’s apparently a lot of demand for an on-demand handyperson. Khosla Ventures and Pear VC have just tripled down on their investment in Honey Homes, which offers up a dedicated…

Khosla Ventures, Pear VC triple down on Honey Homes, a smart way to hire a handyman

TikTok is testing the ability for users to upload 60-minute videos, the company confirmed to TechCrunch on Thursday. The feature is available to a limited group of users in select…

TikTok tests 60-minute video uploads as it continues to take on YouTube

Flock Safety is a multibillion-dollar startup that’s got eyes everywhere. As of Wednesday, with the company’s new Solar Condor cameras, those eyes are solar-powered and using wireless 5G networks to…

Flock Safety’s solar-powered cameras could make surveillance more widespread

Since he was very young, Bar Mor knew that he would inevitably do something with real estate. His family was involved in all types of real estate projects, from ground-up…

Agora raises $34M Series B to keep building the Carta for real estate

Poshmark, the social commerce site that lets people buy and sell new and used items to each other, launched a paid marketing tool on Thursday, giving sellers the ability to…

Poshmark’s ‘Promoted Closet’ tool lets sellers boost all their listings at once

Google is launching a Gemini add-on for educational institutes through Google Workspace.

Google adds Gemini to its Education suite

More money for the generative AI boom: Y Combinator-backed developer infrastructure startup Recall.ai announced Thursday it’s raised a $10 million Series A funding round, bringing its total raised to over $12M.…

YC-backed Recall.ai gets $10M Series A to help companies use virtual meeting data

Engineers Adam Keating and Jeremy Andrews were tired of using spreadsheets and screenshots to collab with teammates — so they launched a startup, Colab, to build a better way. The…

Colab’s collaborative tools for engineers line up $21M in new funding

Reddit announced on Wednesday that it is reintroducing its awards system after shutting down the program last year. The company said that most of the mechanisms related to awards will…

Reddit reintroduces its awards system

Sigma Computing, a startup building a range of data analytics and business intelligence tools, has raised $200 million in a fresh VC round.

Sigma is building a suite of collaborative data analytics tools

European Union enforcers of the bloc’s online governance regime, the Digital Services Act (DSA), said Thursday they’re closely monitoring disinformation campaigns on the Elon Musk-owned social network X (formerly Twitter)…

EU ‘closely’ monitoring X in wake of Fico shooting as DSA disinfo probe rumbles on

Wind is the largest source of renewable energy in the U.S., according to the U.S. Energy Information Administration, but wind farms come with an environmental cost as wind turbines can…

Spoor uses AI to save birds from wind turbines

The key to taking on legacy players in the financial technology industry may be to go where they have not gone before. That’s what Chicago-based Aeropay is doing. The provider…

Cannabis industry and gaming payments startup Aeropay is now offering an alternative to Mastercard and Visa

Facebook and Instagram are under formal investigation in the European Union over child protection concerns, the Commission announced Thursday. The proceedings follow a raft of requests for information to parent…

EU opens child safety probes of Facebook and Instagram, citing addictive design concerns

Bedrock Materials is developing a new type of sodium-ion battery, which promises to be dramatically cheaper than lithium-ion.

Forget EVs: Why Bedrock Materials is targeting gas-powered cars for its first sodium-ion batteries

Private equity giant Thoma Bravo has announced that its security information and event management (SIEM) company LogRhythm will be merging with Exabeam, a rival cybersecurity company backed by the likes…

Thoma Bravo’s LogRhythm merges with Exabeam in more cybersecurity consolidation

Consumer protection groups around the European Union have filed coordinated complaints against Temu, accusing the Chinese-owned ultra low-cost e-commerce platform of a raft of breaches related to the bloc’s Digital…

Temu accused of breaching EU’s DSA in bundle of consumer complaints

Here are quick hits of the biggest news from the keynote as they are announced.

Google I/O 2024: Here’s everything Google just announced

The AI industry moves faster than the rest of the technology sector, which means it outpaces the federal government by several orders of magnitude.

Senate study proposes ‘at least’ $32B yearly for AI programs

The FBI along with a coalition of international law enforcement agencies seized the notorious cybercrime forum BreachForums on Wednesday.  For years, BreachForums has been a popular English-language forum for hackers…

FBI seizes hacking forum BreachForums — again

The announcement signifies a significant shake-up in the streaming giant’s advertising approach.

Netflix to take on Google and Amazon by building its own ad server

It’s tough to say that a $100 billion business finds itself at a critical juncture, but that’s the case with Amazon Web Services, the cloud arm of Amazon, and the…

Matt Garman taking over as CEO with AWS at crossroads

Back in February, Google paused its AI-powered chatbot Gemini’s ability to generate images of people after users complained of historical inaccuracies. Told to depict “a Roman legion,” for example, Gemini would show…

Google still hasn’t fixed Gemini’s biased image generator

A feature Google demoed at its I/O confab yesterday, using its generative AI technology to scan voice calls in real time for conversational patterns associated with financial scams, has sent…

Google’s call-scanning AI could dial up censorship by default, privacy experts warn