03 May 2023

Is the use of ChatGPT in Switzerland legal? FDPIC gives first hints.

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The processing of personal data using ChatGPT and similar comparable AI-based applications is associated with risks to privacy and informational self-determination.

  • Dr. Martin Eckert

    Legal Partner

Following the ban of ChatGPT in Italy, the FDPIC advises users to be aware of their use of AI-based applications and reminds companies of their obligations.

The FDPIC recognizes the opportunities of the use of AI-based applications such as ChatGPT for society and the economy. However, the processing of personal data with the help of these new technologies is also associated with risks for privacy and informational self-determination.

Before entering text or uploading images, the FDPIC (Federal Data Protection an Information Commissioner) advises users to check the purposes for which they are being processed. Companies that want to use AI-supported applications (Artificial Intelligence) must ensure that they comply with data protection requirements. In particular, this includes informing users in a transparent and comprehensible manner about what data is processed for what purposes and in what way.

Numerous inquiries relate to the data protection compliance of the chatbot ChatGPT. Since the FDPIC has not yet examined ChatGPT as part of a fact-finding investigation, it does not comment on the data protection conformity of this application. However, it is currently in exchange with the Italian data protection authority, which provisionally banned ChatGPT in Italy on March 30, 2023, in order to obtain more detailed information. In addition, the FDPIC is also monitoring how data controllers in Switzerland are using AI-powered applications.

Source: https://www.edoeb.admin.ch/edoeb/de/home/aktuell/aktuell_news.html#238887506
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