Nobody asked for it, but I did it anyway. A quick overview of the effect of yesterday’s EDPB Opinion (No 28/2024 for those keeping count) on the consequences for AI models built unlawfully using personal data. www.mcgarrsolicitors.ie/2024/12/18/o... - ThreadSky

tupped.bsky.social • 154 days ago

Nobody asked for it, but I did it anyway.

A quick overview of the effect of yesterday’s EDPB Opinion (No 28/2024 for those keeping count) on the consequences for AI models built unlawfully using personal data.

https://www.mcgarrsolicitors.ie/2024/12/18/overview-on-edpb-opinion-28-2024-on-personal-data-in-ai-models/

Comments

tupped.bsky.social•154 days ago

You can read the post for the nuts and bolts but two main things jump out at me from this.
1) No large language model currently existing seems likely to have met the test for lawful processing of personal data.
2) The regulators plan on breaking these black boxes open to find out.

tupped.bsky.social•154 days ago

I’d say the list of potential regulator actions to deliver consequences for that unlawful processing of personal data as part of training data would chill the blood of any AI company.

tupped.bsky.social•154 days ago

Looking forward to hearing of OpenAI’s response to the EU’s data protection regulators telling it to delete the ChatGPT model.

tupped.bsky.social•154 days ago

You can do your own read of it too:

https://www.edpb.europa.eu/our-work-tools/our-documents/opinion-board-art-64/opinion-282024-certain-data-protection-aspects_en

tupped.bsky.social•153 days ago

To come back to my point that all current commercial LLMs (ChatGPT, Claud, Gemini etc) don’t pass this Opinion’s test for legality.

There is a lengthy discussion as to what lawful basis under Art 6 they could have for feeding all the Internet’s text (including personal data) in as training data.

tupped.bsky.social•153 days ago

The answer is either Legitimate Interest or Nothing else.

You can look at the available list at Article 6 yourself.

https://gdpr-info.eu/art-6-gdpr/

dermotcasey.bsky.social•153 days ago

heres a side question. If OpenAI decides not to make ChatGPT available in the EU and withdrew entirely from EU (but is still using European data) how would the EU enforce a decision or fine against it?