Germans back fight against ChatGPT data inaccuracies

The Germans have given Austrian Max Schrems’ fight against ChatGPT a major shot in the arm by backing his claim that all AI systems must ensure individuals can exercise their right to correct inaccurate information about themselves, or risk breaching GDPR.

In new guidance issued late last week, German data protection authority the Datenschutzkonferenz confirmed that the use of generative artificial intelligence can lead to a host of problems under EU privacy law.

It warned that while AI providers often include disclaimers over the potential for factually unreliable results caused by so-called “AI hallucinations”, they are not sufficient when the inaccurate data pertains to an individual.

Last week, Schrems’ privacy organisation NOYB become the first to file a GDPR complaint about the artificial intelligence tool.

NOYB maintains that GDPR requires that information about individuals is accurate and that they have full access to the information stored, as well as information about the source.

Yet ChatGPT parent company OpenAI openly admits it is unable to correct incorrect information, cannot say where the data comes from or what data ChatGPT stores about individual people.

The organisation claims the OpenAI is well aware of this problem, but does not seem to care. Instead, OpenAI simply argues that “factual accuracy in large language models remains an area of active research”.

At the time, NOYB data protection lawyer Maartje de Graaf 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.”