OpenAI’s ChatGPT Faces Privacy Challenges in Italy

OpenAI’s ChatGPT Faces Privacy Challenges in Italy

In November 2022, OpenAI launched their highly anticipated ChatGPT, an AI-powered chatbot that quickly gained popularity. However, this release also raised concerns regarding privacy compliance with the General Data Protection Regulation (GDPR).

Experts were quick to point out that the tool violated some of the GDPR guidelines. As a result, Italy suspended the use of ChatGPT in March 2023. Despite OpenAI’s efforts to address the issues, the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali or GPDP) continued its investigation.

Recently, the GPDP reached a preliminary conclusion, signaling that the concerns surrounding ChatGPT’s compliance with the GDPR have not been fully resolved.

Problem with ChatGPT and GDPR

On Monday, the Italian regulator announced that ChatGPT still does not comply with the GDPR, although specific articles were not disclosed publicly. OpenAI has been notified of the ongoing investigation and has been given 30 days to respond to the alleged violations identified by the GPDP.

When ChatGPT was relaunched in Italy after last year’s ban, several changes were implemented. These included the addition of a dedicated page providing information about the data collected from users, options to prevent their data from being used for training models, and the blocking of registration for users under the age of 13 without parental consent. However, concerns regarding data processing remain unresolved.

According to TechCrunch, European data protection authorities have the power to enforce changes in the way technology companies like OpenAI operate within the European market to ensure compliance with current legal frameworks.

Persistent non-compliance could result in fines of up to 20 million euros or 4% of the company’s global annual revenue. In extreme cases, it could even lead to a company being forced to cease operations within the EU.

OpenAI’s privacy practices have once again come under scrutiny, highlighting the need for companies to adapt to the new requirements imposed by the Digital Services Act (DSA) and the Digital Markets Act (DMA) in the EU. These regulatory frameworks have sometimes caused delays in the launch of new AI products, as seen with Microsoft’s Copilot, which initially launched in North America, Asia, and South America.

Impact on OpenAI and the Future of ChatGPT

The recent developments in Italy have raised concerns about the privacy practices of OpenAI and the future of ChatGPT. The company must address the identified issues and provide a comprehensive response to the GPDP within the given timeframe. Failure to do so may have significant consequences for OpenAI’s operations in Italy and potentially set a precedent for other European countries.

With the DSA and DMA imposing stricter regulations on technology companies, it is crucial for OpenAI and other similar organizations to prioritize data privacy and comply with the GDPR.

OpenAI’s commitment to transparency and user control is evident in the changes made to ChatGPT after the initial ban. The inclusion of a dedicated information page and options for users to manage their data demonstrate a willingness to address privacy concerns.

However, the ongoing investigation in Italy suggests that further improvements are necessary to ensure full compliance with the GDPR.


OpenAI’s ChatGPT has faced significant challenges regarding privacy compliance in Italy. The Italian Data Protection Authority has concluded that the tool still violates the GDPR, and OpenAI has been given a 30-day deadline to respond to the identified issues.

Failure to address the concerns may lead to fines and potential restrictions on OpenAI’s operations in Italy and the EU. As technology companies navigate the evolving regulatory landscape, prioritizing data privacy and complying with relevant regulations such as the GDPR is crucial.

OpenAI’s experience with ChatGPT serves as a reminder that user privacy and data protection should be at the forefront of AI development and deployment.