OpenAI Under Fire for Controversial Fictional Content Claims

OpenAI Faces Complaint Over Inaccurate Outputs

A European data protection advocacy group, noyb, has lodged a complaint against OpenAI due to the company’s inability to rectify erroneous information generated by ChatGPT. The organization argues that OpenAI’s failure to ensure the accuracy of personal data processed by its service contravenes the General Data Protection Regulation (GDPR) in the EU.

“Generating false information poses significant issues, especially when it concerns individuals. The potential ramifications can be serious,” stated Maartje de Graaf, a Data Protection Lawyer at noyb. “It is evident that companies currently lack the capability to ensure compliance with EU regulations regarding chatbots like ChatGPT when handling data about individuals. If a system cannot provide accurate and transparent results, it is unsuitable for producing information about individuals. Legal standards must guide technology, not the other way around.”

The GDPR mandates that personal data must be precise, granting individuals the right to correct inaccuracies and access their data and its sources. Nonetheless, OpenAI has acknowledged its inability to correct misleading information created by ChatGPT or reveal the sources of the data used in training the model. “The issue of factual accuracy in large language models remains a subject of ongoing research,” argued OpenAI.

The advocacy group cites a New York Times report indicating that chatbots like ChatGPT fabricate information at least 3% of the time, and potentially up to 27%. In the grievance against OpenAI, noyb highlights a situation where ChatGPT consistently provided an incorrect birth date for a complainant, a public figure, despite multiple requests for correction. “Even after the complainant pointed out the error, OpenAI denied their request to rectify or delete the inaccurate data, claiming it was impossible to amend such details,” reported noyb.

OpenAI mentioned that although they could filter or block information on specific prompts, such as the complainant’s name, they could not do this without hindering ChatGPT’s ability to manage all related information about that individual. Additionally, OpenAI did not adequately address the complainant’s request for access, a requirement under the GDPR.

“The obligation to comply with access requests applies universally to all companies. It is certainly feasible to keep records of the training data used to provide at least some traceability regarding information sources,” said de Graaf. “It appears that with each new technological advancement, some companies mistakenly believe their products no longer need to adhere to legal standards.”

European privacy regulators have already scrutinized the inaccuracies of ChatGPT, resulting in a temporary restriction on OpenAI’s data processing by the Italian Data Protection Authority in March 2023 and the formation of a task force by the European Data Protection Board focused on ChatGPT.

Noyb is urging the Austrian Data Protection Authority to probe OpenAI’s data processing methods and evaluate how it maintains accuracy in the personal data handled by its large language models. The advocacy group requests that the authority compel OpenAI to fulfill the complainant’s access request, align its data processing practices with GDPR, and impose penalties to ensure adherence to legal requirements in the future.

You can read the full complaint here (PDF).

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