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Baden-Württemberg: LfDI Baden-Württemberg requests comments from OpenAI on data processing practices

The Baden-Württemberg data protection authority ('LfDI Baden-Württemberg') announced, on 24 April 2023, that it had reached out to OpenAI, L.L.C., which manages ChatGPT, for comments on ChatGPT's data processing practices in accordance with Article 55(1) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). In particular, the LfDI Baden-Württemberg noted that it requested an explanation of the processing of personal data by ChatGPT in a supervisory procedure under the GDPR, after having coordinated its questions with the other German data protection authorities.

More specifically, the LfDI Baden-Württemberg stated that, according to the GDPR, a service provider processing personal data must be able to, among other things, explain which data is processed, explain how and for what purpose the data is processed, take appropriate technical and organisational measures, and protect the rights of data subjects. Notably, the LfDI Baden-Württemberg confirmed that it is working towards a uniform approach towards ChatGPT at the European level and is involved in the relevant working group of the European Data Protection Board ('EDPB').

You can read the press release, only available in German, here.