The rise of ChatGPT on the market and the rapid appearance of other similar tools proposed by companiescompeting with OpenAI and, more generally, by the Big Players of the web, have renewed the centrality of thedebates on the use of generative AI systems, especially in consideration of the notable spread of some versionswhich are accessible, free-of-charge and extremely easy to use. Although progress in the technological revolutionis one of the hallmarks of the current age and its positive impact is undeniable, the rise of generative AI systemsappears to be characterized by an unprecedented speed, which risks multiplying socially relevant applications andoverwhelming lifestyles and professional fields all too quickly without the necessary adaptation and reaction timesto innovation. As is easy to see, there are multiple and complex issues connected to the use and diffusion ofgenerative AI systems and involve not only strictly legal profiles, but also ethical and social ones, especially inrelation to the possibility of massive application, with relevant consequences in different fields: in the labour market,in production processes, but also in education and communication systems and in human relations themselves.Within this complex framework of reference, the essay will focus on the dispute between Italian DPA and Open AI,with reference both to the first disputes which arose in the spring of 2023 and to the more recent disputes fromJanuary 2024, in which different processing data violations and specially GDPR rule violations are hypothesized.Apart from the Italian case and the question of the safeguard of data subjects’ rights, in the last paragraph someconsiderations of a more general nature will be presented on the AI Act (latest) text, regarding regulation ofgenerative AI systems that use GPT and LLM algorithms.

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Who’s Afraid of “Big Bad” Generative AI? Brief Notes on the IDPA Provision Against OpenAI ChatGPT

  • Angela Busacca,
  • Melchiorre Alberto Monaca

摘要

The rise of ChatGPT on the market and the rapid appearance of other similar tools proposed by companiescompeting with OpenAI and, more generally, by the Big Players of the web, have renewed the centrality of thedebates on the use of generative AI systems, especially in consideration of the notable spread of some versionswhich are accessible, free-of-charge and extremely easy to use. Although progress in the technological revolutionis one of the hallmarks of the current age and its positive impact is undeniable, the rise of generative AI systemsappears to be characterized by an unprecedented speed, which risks multiplying socially relevant applications andoverwhelming lifestyles and professional fields all too quickly without the necessary adaptation and reaction timesto innovation. As is easy to see, there are multiple and complex issues connected to the use and diffusion ofgenerative AI systems and involve not only strictly legal profiles, but also ethical and social ones, especially inrelation to the possibility of massive application, with relevant consequences in different fields: in the labour market,in production processes, but also in education and communication systems and in human relations themselves.Within this complex framework of reference, the essay will focus on the dispute between Italian DPA and Open AI,with reference both to the first disputes which arose in the spring of 2023 and to the more recent disputes fromJanuary 2024, in which different processing data violations and specially GDPR rule violations are hypothesized.Apart from the Italian case and the question of the safeguard of data subjects’ rights, in the last paragraph someconsiderations of a more general nature will be presented on the AI Act (latest) text, regarding regulation ofgenerative AI systems that use GPT and LLM algorithms.