The non-profit noyb – European Center for Digital Rights, together with an affected European citizen, has filed a data protection complaint against the ChatGPT provider OpenAI for violating the European General Data Protection Regulation (GDPR).
The organization, co-founded by data protection activist Max Schrems, accused OpenAI on Monday of making false statements about personal data in the case of an unnamed "public figure" without granting the legally prescribed option of correction or deletion.
Schrems had previously launched two lawsuits against the Facebook group Meta, twice overturning important data agreements between the United States and Europe before the European Court of Justice.
In the dispute with ChatGPT developer OpenAI, noyb - which stands for "none of your business" - accuses the US company of denying people in Europe their rights under the GDPR. In the specific case, which also involved an incorrect date of birth, OpenAI argued that it was not possible to correct the data.
Noyb also accused OpenAI of failing to respond appropriately to the complainant's request for information. Although the GDPR gives users the right to request a copy of all personal data, OpenAI failed to disclose the processed data, its sources or recipients.
Noyb and the affected person have now called on the Austrian Data Protection Authority (DSB) to investigate OpenAI's data processing practices.
Of particular interest is the question of what measures the start-up has taken to ensure the accuracy of personal data. A fine would have to be imposed on OpenAI to ensure future compliance.
