ChatGPT, sent a letter to the Italian SA describing the measures it implemented in order to comply with the order issued by the SA on 11 April.
OpenAI:
– explained what personal data it uses for training of algorithms;
– explaned privacy notice accessible in sign up;
– granted all individuals in Europe, including non-users, the right to opt-out from processing of their data for training of algorithms also by way of an online, easily accessible ad-hoc form;
– provided a mechanism to erase information the data subjects consider inaccurate. Caveat: they inform that it is not possible rectify inaccuracies;
– clarified in the information notice for users that it would keep on processing certain personal data to enable performance of its services on a contractual basis, however it would process users’ personal data for training algorithms on the legal basis of its legitimate interest, without prejudice to users’ right to opt-out from such processing;
– included opt out for training algorithms;
– implemented an age verification system, so user must be above 18 prior to to gaining access to the service, or else that they are aged above 13 and have obtained consent from their parents or guardians for that purpose.
However OpenAI should implement an age verification system and planning and conduct an information campaign to inform Italians of what happened as well as of their right to opt-out from the processing of their personal data for training algorithms.